Freedom of Information (Amendment) Bill

I remind the House that with this we are discussing the following amendments: No. 14, in page 1, leave out lines 7 to 12 and insert— ‘(1) For the purposes of section 41(1), information which— (a) is held only by virtue of being contained in a communication between a member of the House of Commons, acting in his capacity as such, and a public authority, and (b) consists of information relating to the personal affairs of a constituent of that member shall, unless the contrary is indicated, be deemed to have been communicated in circumstances importing an obligation of confidence.’. No. 40, in page 1, leave out lines 7 to 12 and insert— ‘(1) For the purposes of section 41(1), information which— (a) is held only by virtue of being contained in a communication between a member of the House of Commons, acting in his capacity as such, or a member of the House of Lords, and a public authority, and (b) in the case of a member of the House of Commons, consists of information relating to the personal affairs of a constituent of that member, shall, unless the contrary is indicated, be deemed to have been communicated in circumstances importing an obligation of confidence.’. No. 10, in page 1, line 7, leave out from beginning to end of line 9 and insert— ‘(1) Information is exempt information if— (a) it is held only by virtue of being contained in any communication between a member of the House of Commons, acting in his capacity as such, and a public authority, and (b) it consists of personal data relating to a constituent of that member, and (c) the constituent has not consented to its disclosure.’. No. 11, in page 1, line 7, leave out from beginning to end of line 9 and insert— ‘(1) Information is exempt information if— (a) it is held only by virtue of being contained in any communication between a member of the House of Commons, acting in his capacity as such, and a public authority, and (b) it consists of— (i) personal data relating to an individual in connection with whom the member has made representations or enquiries and the individual has not consented to its disclosure, or 18 May 2007 : Column 883 (ii) information relating to the personal affairs of a deceased individual.’. No. 41, in page 1, line 7, leave out from beginning to end of line 9 and insert— ‘(1) Information is exempt information if— (a) it is held only by virtue of being contained in any communication between a member of the House of Commons, acting in his capacity as such, or a member of the House of Lords, and a public authority, and, in the case of a member of the House of Commons, (b) it consists of personal data relating to a constituent of that member, and (c) the constituent has not consented to its disclosure.’. No. 42, in page 1, line 7, leave out from beginning to end of line 9 and insert— ‘(1) Information is exempt information if— (a) it is held only by virtue of being contained in any communication between a member of the House of Commons, acting in his capacity as such, or a member of the House of Lords, and a public authority, and (b) if consists of— (i) personal data relating to an individual in connection with whom the member has made representations or enquiries and the individual has not consented to its disclosure, or (ii) information relating to the personal affairs of a deceased individual.’. No. 12, in page 1, line 9, at end insert ‘, except insofar as it relates to any representations which the member has made to the authority in connection with— (a) any matter of policy which it has adopted or may adopt, or (b) any decision which it has taken or may take other than a decision expressed in terms which affect only the personal affairs of a particular individual or individuals.’. No. 24, in page 1, line 9, at end insert— ‘(1A) Information is not exempt by virtue of this section if it is— (a) contained in a communication made to or received from a public authority from whom the member receives any remuneration or benefit, and (b) relates to that remuneration or benefit whether or not the remuneration or benefit is recorded in the Register of Members’ Interests.’. No. 44, in page 1, line 9, at end insert— ‘(1A) Information is not exempt by virtue of this section if it is contained in any letter between a member of the House of Commons or House of Lords and a Government minister.’. No. 25, in page 1, line 12, at end insert— ‘(3) For the purposes of this section ““communication”” meansa communication in writing, or by electronic means, made bya member to a public authority or by a public authority to a member but does not include a record of a meeting, or of a conversation, between a member and a person or persons acting on behalf of the public authority.’. No. 26, in page 1, line 12, at end insert— ‘(3) This section does not apply to any communication made before the Act comes into force.’. No. 39, in page 1, line 12, at end insert— ‘(3) Information is not exempt by virtue of this section if it is contained in a communication between a member of the House of Commons, acting in his capacity as such, and a public authority, relating to any proposed legislation which was before either House of Parliament at the time of the communication. (4) In this section, ““legislation”” means any of the following— 18 May 2007 : Column 884 (a) a public general Act or local Act (whether passed before or after the commencement of this section), or (b) any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under an Act referred to in paragraph (a).’. No. 45, in page 1, line 12, at end insert— ‘(3) For the purposes of this section ““letter”” means a communication in writing, made by a member to a public authority or by a public authority to a member, but does not include— (a) exclusively electronic means of communication, or (b) a telex, telegram or facsimile transmission.’. No. 16, in page 1, line 13, leave out subsection (4) and insert— ‘(4) After section 63(1) insert— ““(1A) Information contained in a historical record cannot be exempt information by virtue of section 34A except insofar as it consists of personal data information relating to the personal affairs of a living individual who can be identified from that record or from that record and other information which is in the possession of, or is likely to come into the possession of, the public authority.””’. No. 36, in title, line 2, after second ‘and’, insert ‘certain’.