I am very grateful to the Minister for that response, which I think is encouraging. I will make one or two points in response to what she said because she raised some important points. Of course I understand the need to wait for post-legislative scrutiny of all these matters. However, given that this is really uncontentious and that no one seriously thinks that extraordinary delays of a year or more are acceptable, notwithstanding the problems of dealing with highly complex cases and all the rest of it, the fact remains that here is a legislative vehicle to do something which is relatively uncontentious.
By the time that post-legislative scrutiny is finished and the Government have churned over it, there will be the usual battles within government. I put all Ministers on note that the moment they get any chance to look at freedom of information the entire Civil Service, with the exception of those in the Ministry of Justice, piles in looking for an excuse to emasculate it. Many of the Minister’s colleagues in the Government, no matter what the Government's stated policy, will also suddenly discover all kinds of reasons to shield themselves from its effects.
These processes will take months, if not years, and then there will be the question of finding a legislative vehicle for it. We are looking at any statutory action to deal with this being years away, practically, whereas here we have the wonderful Protection of Freedoms Bill—what a wonderful title—in which to put this worthwhile amendment.
I ask the Minister to look at this again. I will help her by tabling these amendments on Report so that she will have a chance to come back and tell your Lordships what she has been able to discover. I note carefully that she says that she cannot accept it today, but maybe when we get to Report she will be in a slightly different position.
The Minister made various points about statutory provision. I absolutely understand her point about very small public authorities. It is perfectly possible to include a provision exempting them in the legislation. This should not be an absolute barrier to dealing with the delays that we have seen in central government and in large local or public authorities which have the effect, whether deliberate or not, of thwarting the public's right to know.
This requirement for publication is not particularly burdensome—the authorities have the information already; it is just a question of collating and publishing it—so will the Minister look at it again and perhaps come back with a view to getting a more positive response to these amendments or some version of them? The wording is not necessarily perfect and I am sure that officials and lawyers can do far better than I have been able to do in order to get it into the Bill. It is here and it can be done now. It would be a massive improvement in the working of the Act, but I am happy to withdraw it for now.
Amendment 151L withdrawn.
Amendments 151M and 151N not moved.
Clause 102 agreed.
Amendment 152
Moved by
Protection of Freedoms Bill
Proceeding contribution from
Lord Wills
(Labour)
in the House of Lords on Thursday, 12 January 2012.
It occurred during Debate on bills
and
Committee proceeding on Protection of Freedoms Bill.
About this proceeding contribution
Reference
734 c53-4GC Session
2010-12Chamber / Committee
House of Lords Grand CommitteeSubjects
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