HL Deb 09 November 1998 vol 594 c502

2.46 p.m.

Lord Hardinge of Penshurst asked Her Majesty's Government:

In view of the delay in publishing their draft Bill on freedom of information (which was to have been published in September), what is the current position on this legislation.

The Minister of State, Home Office (Lord Williams of Mostyn)

My Lords, the Government remain committed to a freedom of information Act. The Home Secretary intends to publish a draft Bill early in the new year for pre-legislative scrutiny.

Lord Hardinge of Penshurst

My Lords, I thank the Minister for his reply. We await the Bill with some impatience. Can he assure us that when it is published, the draft Bill will be based closely on the Government's good White Paper so forcefully endorsed by the Prime Minister in the preface and elsewhere? That is particularly as regards the crucial issue of the test for non-disclosure: substantial harm.

Lord Williams of Mostyn

My Lords, I can confirm that the legislation will be based on the principles of the White Paper. The proposals will lead to a significant increase in openness, ending unnecessary secrecy and bearing due regard to the substantial harm test.

Lord Lester of Herne Hill

My Lords, is the Minister able to assure the House that there will be no weakening of the principles in the White Paper? In particular, can he assure the House that the powers of the information commissioner, in dealing with appeals, will be as strong as indicated in the White Paper and that the exceptions will be only those genuinely necessary in the public interest?

Lord Williams of Mostyn

My Lords, as I indicated, we propose to work on the information published in the White Paper. Since that publication, the Home Office has a good record. For example, we have released 150 previously withheld files, including the conviction of the Wheeldon family for the attempted poisoning of Lloyd George in 1916; Lord Alfred Douglas's matter in the libel of Mr. Churchill in 1924; and Radclyffe Hall's matter going back to 1928. So, by and large, I believe that we have done quite well.