Committee
Justice 1 Committee, 05 Mar 2002
05 Mar 2002 · S1 · Justice 1 Committee
Item of business
Freedom of Information (Scotland) Bill: Stage 2
We come to day 4 of our consideration of the Freedom of Information (Scotland) Bill at stage 2. I am a little sharp—is the minister here? Interruption. I am advised that he is downstairs. I will give him a little time. I remind members that they should have a copy of the bill, the marshalled list of amendments and the suggested groupings. We have set no targets for today. If we do not finish stage 2 today, we will continue where we left off at our next meeting. I expect that to be the final day of our consideration of the bill at stage 2. I have organised a short break at 3.30 pm. Members should remind me about that because, if we do not take our break then, the tea and coffee will be whipped away. I also remind members of the order of consideration of sections. Members will recall that we decided to take sections in numerical order, except that, following section 61, we will deal with sections 9, 12 and 13. Members should have received with their papers a copy of a letter from the Deputy First Minister on the fee arrangements under the bill. That letter has not been formally received yet, so it has not been allocated a number.
In the same item of business
The Convener:
SNP
We come to day 4 of our consideration of the Freedom of Information (Scotland) Bill at stage 2. I am a little sharp—is the minister here? Interruption. I am ...
Section 45—Confidentiality of information obtained by or furnished to Commissioner
The Convener:
SNP
I welcome the Minister for Justice. The first amendment for consideration today is amendment 81, which is grouped with amendments 82 and 83.
Donald Gorrie (Central Scotland) (LD):
LD
The three amendments deal with section 45, which relates to the rules governing the information that the commissioner may give out. There seems to be an undu...
The Deputy First Minister and Minister for Justice (Mr Jim Wallace):
LD
I share Donald Gorrie's view of the importance of the commissioner being independent. However, I do not for a moment believe that anything in section 45 unde...
The Convener:
SNP
It would be quite useful for us to have a little synopsis—if it is available—of your position on and resistance to certain amendments. With respect, if that ...
Mr Wallace:
As we go along I will certainly try to provide that. When the committee has finished stage 2, that will certainly be my intention. As we go along I will try ...
The Convener:
SNP
I do not want to stop you in full flow, but it would be useful to have in advance a short synopsis of your objection to an amendment or of a view that you mi...
Mr Wallace:
I do not think that I can prepare that in the short period that we have today. If we go on to a further day, I certainly could. I had hoped that we might fin...
The Convener:
SNP
We could perhaps have that on another occasion.
Mr Wallace:
I could certainly provide that if it would help the committee on another occasion.
Donald Gorrie:
LD
The minister has explained section 45, so I am clear about it in my own mind. It does not seem to be as sinister as I thought it might be. It is helpful that...
Amendment 81, by agreement, withdrawn.
Amendments 82 and 83 not moved.
Section 45 agreed to.
Section 46 agreed to.
Section 47—Application for decision by Commissioner
Amendment 84 not moved.
The Convener:
SNP
Amendment 85 is in a group on its own.
Michael Matheson (Central Scotland) (SNP):
SNP
Amendment 85 deals with section 47, which is on applications for decisions by the commissioner. Under section 47(6), ministers will have the power to amend b...
The Convener:
SNP
Minister, do you wish to say anything?
Mr Wallace:
No, other than to say that I hope other committee members will support amendment 85.
Amendment 85 agreed to.
Section 47, as amended, agreed to.
Sections 48 to 50 agreed to.
Section 51—Enforcement notices
The Convener:
SNP
Amendment 17 is grouped with amendments 87, 89, 129, 88 and 18. I point out that amendment 129 does not pre-empt amendment 88, so if amendment 129 is agreed ...
Michael Matheson:
SNP
Amendment 17 is a paving amendment for amendment 86. To confuse matters, I will begin with amendment 18, which is the final amendment in the group. Amendment...
Donald Gorrie:
LD
Michael Matheson has set out the argument very fairly. I would prefer no ministerial veto. However, I think I have been persuaded that having no ministerial ...
Gordon Jackson (Glasgow Govan) (Lab):
Lab
I am only speaking because I agree with Michael Matheson that the issue is very important. I have been persuaded that the ministerial veto is not sinister. I...