Committee
Justice 1 Committee, 05 Mar 2002
05 Mar 2002 · S1 · Justice 1 Committee
Item of business
Freedom of Information (Scotland) Bill: Stage 2
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 undue restriction on the commissioner. An important part of the freedom of information scheme is that the commissioner should be independent. His or her independence should not be compromised.Amendment 83 would scrub the whole section. Presumably, that would leave a gap in the bill but, with a bit of common sense on both sides, that problem could be dealt with.Amendment 81 would amend section 45(2)(c), which states that disclosure is made with lawful authority only if"the disclosure is made for the purpose of, and is necessary for, the discharge of—(i) a function under this Act; or(ii) a Community obligation".I believe that the words "and is necessary for" are too prescriptive and would limit the commissioner too much. It may be reasonable and advantageous to the public for the commissioner to publicise certain items, even if it is not strictly necessary for him or her to do so. The words that I have cited are not helpful. The minister will no doubt be able to offer an explanation of why they are necessary. I will listen to that explanation with care.Amendment 82 relates to a less serious issue, but would make the provisions of the bill more sensible. Section 45(2)(e) states that disclosure is made with lawful authority only to the extent that"had the Commissioner received on the day of disclosure a request for the information, there would have been an obligation, by virtue of section 1(1), to give it."Amendment 82 would insert the words"or, in the case of information obtained from or furnished by a Scottish public authority, that authority".The amendment would widen the provisions of paragraph (e) so that it applied to information received from a Scottish public authority in the same way as it applies to information received from the commissioner.I await with interest the minister's response, but my starting point is that the commissioner should be as genuinely independent as possible. My amendments are intended to ensure that.I move amendment 81.
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...