I understand and accept the distinction, and the right hon. Gentleman makes an important point. I am happy to meet him and see any examples that he or other colleagues want to show me. I have not seen any examples of a problem in the two and a half years since the Act has been in force. Moreover, there are many examples of decisions whereby section 40(2) of the Freedom of Information Act, which covers exemption of personal information, applies. That is relevant to the material examples with which the right hon. Gentleman, my hon. Friends and I deal every day of every week in constituency cases.
Let me give some examples. The names of people who signed a petition to a local authority about an allegedly undesirable tenant were not allowed to be released under the current regime. The name of an informant who notified a local authority of a potential breach of planning requirements in somebody else’s property was not allowed to be released. Those are rulings; I am not inventing them. The cases have been tested and the information has been found to be exempt.
Information relating to a Home Office decision to grant indefinite leave to remain in the United Kingdom to a named individual was not allowed to be released—and it is right that personal circumstances are not disclosed. This morning, the hon. Member for Keighley said that she would not want information that she shared about forced marriages to be revealed. That is right—and it would not be revealed under current legislation. I understand her fear, but she is safe. Unless somebody incorrectly judges the law or acts illegally, all her constituents about whom she corresponds on that issue are safe.
Information about the age, length of service and pay scale position of council employees who take voluntary retirement, which, even though the individuals are not named, could allow their identities to be deduced, was not allowed to be released. Then there is information about a pupil referred to in minutes concerning a disciplinary hearing against a teacher—again, not allowed, even though the teacher had been willing for their name to be revealed. The names of members of the public responding to a public consultation exercise about a right of way—again, not allowed. All the evidence of where the law has been tested comes down on the other side of the argument about whether we need change.
When I was in my office last night, I picked up my casework letters that had been opened, and I also had some letters ready to sign. Some of them would not cause anybody a problem. I received a reply from the Foreign and Commonwealth Office on behalf of constituents about someone who had been detained in Africa. That is a potentially public document in the sense that it involves a public campaign to help to release someone who is not being looked after properly by a foreign Government. I received a letter from the Secretary of State for Health in reply to a letter I wrote about the future of the 24-hour emergency clinic at the Maudsley hospital. That is, quite rightly, regarded as in the public domain. I wrote to ask the Secretary of State to defer the closure and she replied with her reasons why she would not. That should not be a secret. I had some correspondence with the Minister who is currently in her place on the Front Bench, about boundary changes in my constituency. Again, that is properly a public matter. I want it to be public, and she would not have any difficulty with that.
Other categories of correspondence involve agencies that, as it happens, are not covered by the Freedom of Information Act because they are private institutions. We would want to keep that category secret. I wrote to many schools asking them to let in for the coming year someone who has not got in under round one. I asked what the procedure was. I wrote to UKvisas about securing visas for people coming into the country. I had a letter from the Metropolitan police replying to my inquiry about allegations of improper behaviour. All those are protected.
I hope that the House can be very clear that the fears of some colleagues are not borne out by the evidence and the facts. All the fears expressed in Committee, on Report and now on Third Reading are, as I understand them, fears that there might be a problem rather than evidence that there is a problem.
Freedom of Information (Amendment) Bill
Proceeding contribution from
Simon Hughes
(Liberal Democrat)
in the House of Commons on Friday, 18 May 2007.
It occurred during Debate on bills on Freedom of Information (Amendment) Bill.
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2006-07Chamber / Committee
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