Dear all

The attached was released on the Home Office website on Friday 22nd October.

Gillian Whichelo

332/99

22 October 1999

FREEDOM OF INFORMATION BILL STRENGTHENED THROUGH
CONSULATION PROCESS

An extensive consultation exercise will result in significant changes
to the Government's draft Freedom of Information Bill making it a
stronger and more effective piece of legislation, Home Secretary Jack
Straw announced today.

The draft Bill, published in May, has been the subject of a public
consultation and scrutiny by two Parliamentary Select Committees.

The main changes are:

- Strengthening the role of the Information Commissioner. The
Commissioner would be able to recommend the discretionary disclosure
of information and have specific powers to enforce compliance with
publication schemes.

- Replacing the class exemption for information relating to
regulatory investigations and proceedings with a prejudice based
exemption except where criminal proceedings are involved. For
example, information about accident investigations will be
disclosable, subject to a prejudice test, if no criminal charges are
in prospect.

- A reduction in the time limit for replies to 20 working days from
40 calendar days.

- A requirement on Government Departments, when considering the
discretionary release of information, to consider whether the public
interest in disclosure outweighs the need to maintain the relevant
exemption.

- Restrictions on the power to create new exemptions to exemptions
containing a public interest test.

- Removal of the cumulative harm proposals, also known as the "jigsaw
clause", and the provisions on self-incrimination.

- Public authorities will be required to give the reason for refusing
to disclose information, unless doing so results in the release of
exempt information.

Announcing the changes Home Secretary, Jack Straw said:

"We published the draft Bill in May with a firm commitment to having
a full consultation process, exposing the Bill to thorough
pre-legislative scrutiny. As a consequence of that I am announcing
these significant changes today.

"Taking on board these amendments the Bill will be stronger and more
effective. We need to get the balance right. The public must be able
to obtain information but personal and other confidential material
must be protected and the effective and efficient operation of
Government must be preserved.

"The Committees made recommendations which would have significantly
damaged the balance. I believe we have now got it right."

NOTES FOR EDITORS

1. The draft Freedom of Information Bill was published on 24 May
1999. The Bill was published with a consultation document.

2. The draft Bill was scrutinised by the Select Committee on Public
Administration and an ad hoc House of Lords Committee.

3. The full response to the Public Administration Committee will be
published by the Committee.










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