SELECTION AND REGISTRATION OF NAMES (Hansard, 24 June 1997)

§ Mr. Baker
I beg to move amendment No. 5, in clause 16, page 8, line 34, after subsection (1), insert— '(1A) Any provision for the keeping of a register made under subsection 1(c) above shall include provision for such a register to be freely open for public inspection.'. I shall press the Minister again on a freedom of information point. The purpose of the amendment is quite clear: to ensure, first, that any information relating to the keeping of a register is open and in the public domain; and, secondly, that anyone wishing to access the register is not subject to a substantial charge. The Minister may say that such information is already available in the public domain—in which case, he should not object to writing 739 the provision into the Bill. He accepted my earlier point about the need to ensure that arrangements are open and above board, and this is a constructive amendment which will help the Minister to achieve that aim.

§ Mr. Rooker
The hon. Gentleman has got it the wrong way around: the Government would have to seek the approval of Parliament if we were to try to deprive anyone of information that is freely available. The present system seems to work adequately. The information to which the hon. Gentleman refers is freely available and is published both monthly and annually. All the lists are available. In addition, the register may be inspected at the plant variety rights office in Cambridge during normal office hours.
There is nothing closed about the register. Before the Government could close it, we would have to seek Parliament's approval. There is no need to write into the Bill procedures that are already followed willingly.

§ Mr. Baker
I hear the Minister's assurances that the register will remain open. My point—which has not been answered fully—is that, unless the provision is written into the Bill, there is nothing to stop a future Government removing the right of access without seeking the approval of Parliament. I explained earlier why I believe the issue of plant breeders' rights will become more sensitive in future, and I hold to that view. It would be convenient to withhold such information in those circumstances. Although there is no problem at present, we may face difficulties in the future. The amendment would ensure that every Government had as much backbone on this issue as the Minister has demonstrated. I shall withdraw the amendment in light of the Minister's personal expression from the Dispatch Box.

§ Mr. Rooker
I do not give personal commitments: I make commitments on behalf of the Government. I make that absolutely clear so that there is no misunderstanding in future. Consistent with the policy of open government followed by the previous Government, the information to which the hon. Gentleman refers is openly available. This Government plan to introduce a freedom of information Act: we are not in the business of denying access to information that is already available.

§ Mr. Baker
I hope that the Minister will not take it personally—or be insulted on behalf of the Government—if I retain my slight scepticism regarding this matter. He mentioned a freedom of information Act. I understand that it has been drafted, but it was not in the Queen's Speech and the Government have promised to introduce it some time in the future.
The Government have denied me other information by way of written parliamentary answers although it was provided by the previous Conservative Government. Therefore, I am not convinced that the Government are committed to freedom of information—although I hope to be proved wrong in due course and I shall be happy to accept such legislation. However, until such time as we can be sure that the Government are committed to freedom of information, it is right to push them on individual cases to ensure that information is available.
I accept that the Minister is speaking on behalf of the Government, who are committed to ensuring that information is available. However, I seek to ensure that 740 future Governments will not be able to withdraw that information without seeking the approval of Parliament. My concern remains. I hope that the Minister will not dismiss it, but will perhaps reflect on the matter with his colleagues in another place. I beg to ask leave to withdraw the amendment.