Pensions Bill

I thank the noble Baroness for raising this matter. The Freedom of Information Act provides for transparency in the workings of government departments and public bodies. It makes clear the circumstances in which information should be disclosed, and sets a framework for applying appropriate exemptions to the disclosure of information. All information held by a public body can be released to the public unless it is exempt under the Act. We have sought in the Bill to add the Personal Accounts Delivery Authority to the list of public bodies covered by the Freedom of Information Act. The authority may therefore, if appropriate, usethe exemption provided in Section 36 of the Act. Providing the authority with the ability to use an exemption is appropriate to its status. As noble Lords will know, part VI of Schedule 1 to the Act has a very extensive list of public bodies and offices, ranging from the National Gallery to the Bank of England, which are covered by the Act, including Section 36. Section 36 is very clear about the basis of any exemption that could be used. An exemption would be applied case by case, giving full consideration to the public interest. Information could be judged to be exempt if its release would prejudice collective responsibility, the free and frank provision of advice, or the effective conduct of public affairs. Each case of disclosure depends on the facts. Clearly, we are establishing an independent delivery authority, bringing in expertise and skills to givefull and best advice on proposals about personal accounts. In carrying out this function, the authority could advise government on matters in which there is public interest. Having the authority covered by the Freedom of Information Act strikes a balance, and helps to give confidence to the authority in providing free and frank advice, but also to the public where there is a strong genuine public interest in seeing information. It is therefore right that the authority, like other public bodies, is offered the protection set out in Section 36. Of course, any use of the exemptions by the delivery authority would be subject to the usual protections. Any member of the public can appeal to the Information Commissioner if they think that a public authority is abusing the exemptions in the Freedom of Information Act. Moreover, the authority, as a public body covered by the Act, will be required to provide information through a publication scheme. A publication scheme is both a public commitment to make certain information available and a guide to how that information can be obtained. Additionally, the Bill makes it clear that the authority will produce an annual report and accounts. These will be public documents that will include details of the authority’s work, the issues on which it has advised and the progress that it has made towards delivering its remit. The authority will also be subject to normal NDPB scrutiny and accountability arrangements. For example, a management statement and financial memorandum will be agreed between it and the DWP, providing a clear operating framework. These documents will also be published. A rangeof information will be available, but to deny the authority the protection of Section 36, which every other public body gets, is entirely wrong. Section 35 of the Freedom of Information Act relates to the formulation of government policy and applies to information held by government departments where disclosure may harm the deliberative process of policy-making. I understand and respect the intentions behind these amendments. Members of the Committee will know that the development of personal accounts has been shaped by a transparent process of consultation. This approach has fostered support from stakeholders for personal accounts, and I reassure the Committee that we expect this to continue when the delivery authority comes into being. The large response we received to the White Paper consultation demonstrates how successful we have been in this approach, drawing on the views and expertise of stakeholders across government, industry, employer and consumer groups. We are to publish our response to that document. Having listened to the noble Baroness trying to say why we should do away with these exemptions to the Freedom of Information Act in these circumstances,I remain unconvinced. As regards specifying circumstances where they might apply, who can say? Certainly, there will be instances where the views of Ministers will be part of the exchange that takes place. Those exchanges may portray differences of views at stages on policy development. Issues about collective responsibility are routinely protected under these exemptions. There will be information provided for the formulation of government policy. It is reasonable that these are protected. It would be wrong to suggest that holding to these exemptions, which is routine in other circumstances, is to cast the delivery authority in a negative light and as not wishing to be open. That is not how it has been developed or formulated. I do not believe that that is how itwill act.