APPLICATION TO THE COURT (Hansard, 29 April 1988)

§ Mr. Kirkwood
I beg to move, That the Bill be now read the Third time.
This is an important measure and I am grateful for the forbearance shown in its early stage. It had a formal Second Reading. Today's debate has been of considerable assistance to me.
This is an important advance which to some extent is the consequence of my private Member's Bill which I introduced last year. There are continuing arguments about access to medical records, as opposed to medical reports, and I have been substantially encouraged by the Minister during both the early stages and today's proceedings. The Government's attitude is always crucial to any private Member's Bill, and I have been especially fortunate in that respect. I have greatly appreciated the helpful and positive spirit in which the Minister has approached the Bill and our discussions. I extend that commendation to those to whom we are never supposed to refer—the officials in the DHSS.
The BMA has supported the principle of the Bill from the outset. I am grateful to it for that, for the considerable time that a great many of its staff have devoted to helping me with the fine detail, and for their practical suggestions which have improved it. I acknowledge the contribution of the ABI, which expressed anxiety about some of the Bill's implications. I have tried to be as helpful as possible on those points and it is now satisfied that the measure is workable. The Bill has benefited as a result.
As the House will recognise, the Bill comes from a fairly familiar stable—the freedom of information campaign. Finally, I wish to pay tribute to its members and their energetic and resourceful director, Mr. Maurice Frankle, who has been ever present at my side. I hope that the House will give the Bill its Third Reading. If so, I look forward to taking the opportunity in the other place of tidying it up and tabling any technical amendments that may be necessary.

§ Mr. Harry Greenway
I congratulate the hon. Member for Roxburgh and Berwickshire (Mr. Kirkwood) on steering this complex and important Bill towards the statute book.
This morning I received a letter telling me that an insurance policy that I took out years ago and had forgotten about matures next week. I shall be the richer for it.

§ Mr. Kirkwood
The drinks are on the hon. Gentleman.

§ Mr. Greenway
The drinks are on the Bill's promoter. It is interesting that I did not have to have a medical for that insurance policy and I have never had to have a medical for any other insurance. I have had one medical for employment purposes and that was 31 years ago, although I have had several jobs since. So I wonder how much the Bill will be applied. We are talking more about an important and valuable principle than about what will be a widespread practice.
The general principle of giving people access to medical records is in tune with the times, in the spirit of freedom to see what is written about one and people's ability to receive medical information about themselves which they could not take previously. Many people can be told that they have a fatal illness who could not have taken being told that years ago. I hope that nobody will receive such information as the result of a medical report for insurance or employment purposes.
It is some years since the Inner London education authority established the principle that teachers should have the right to see reports written about them for employment purposes. Much can rightly be said about the inadiquacies of ILEA. I supported its abolition, although I have reservations about it. That principle was as important as that which is enshrined in the Bill, and was analogous to it. It gave teachers the right to see what was written about them. It helped to improve relationships between heads and teachers working with and for them and between teachers, inspectors and others concerned with the education service. As a result, children have benefited.
1 believe that people at work and those who want to insure themselves, as I have been able to do with the happy result that I have mentioned, will be helped by the Bill.

§ Mr. Corbett
I have been critical of parts of the Bill, for reasons which the hon. Member for Roxburgh and Berwickshire (Mr. Kirkwood) understands. I congratulate him on getting this far and hope that the House will give the Bill a Third Reading so that it might go to the other place and reach the statute book.
It is a shame that we have to advance at a snail's pace, step by tiny step along the road to more freedom of information. It is a pity that the Government do not yet understand the need for a proper freedom of information Act to open doors which remain locked for no good reason and to enable and encourage citizens to play a much fuller part in our democracy on the basis of much greater knowledge of what is going on.
That remains an ambition. I am sure that the hon. Member for Roxburgh and Berwickshire will be with me when I say that I hope that if the Bill reaches the statute book, it will not be regarded as an end. It should be a spur to those of us on both sides of the House who want the repeal and rewriting of the Official Secrets Act and the arguments turned on their head. The present arrangements should be swept aside. There should be a presumption in favour of people knowing more about what is going on and on what basis decisions are taken by the Government and others.
People should know why decisions are taken and have the information on which they are based. Such decisions 691 have a large and often lasting effect on the lives, welfare and fortunes of every citizen in these islands. I hope that the House will allow the Bill to proceed.

§ Mrs. Currie
I am not sure that I accept the criticism of the hon. Member for Birmingham, Erdington (Mr. Corbett) about the Government's view on freedom of information. He was not in Birmingham when I was involved in social services there. I felt strongly that access to social services records was important, but it was a social worker who went to court and tried to stop us. The case ended up in another place where, many years later, I was vindicated. The hon. Gentleman knows my views on these matters.
Today's progress with the Bill helps the Government in their discussions elsewhere. We are always keen for progress to be made voluntarily. Satisfactory resolution of complex issues such as those that have been raised today relies on co-operation and agreement. Such legislation is not workable without the willing consent of all concerned.
The Bill has been much improved in Committee, so we do not oppose its Third Reading. We look forward to seeing what progress it makes elsewhere.