HL Deb 25 October 2000 vol 618 cc473-6

1. At the end of section 11 of the Parliamentary Commissioner Act 1967 (provision for secrecy of information) there is inserted—

"(5) Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen)(l) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) of this section as obtained for the purposes of an investigation under this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation."

2. After section 11A of that Act there is inserted—

"Disclosure of information by Parliamentary Commissioner to Information Commissioner.

11AA.—(1) The Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act if the information appears to the Commissioner to relate to—

  1. (a) a matter in respect of which the Information Commissioner could exercise any power conferred by—
    1. (i) Part V of the Data Protection Act 1998 (enforcement),
    2. (ii) section 47 of the Freedom of Information Act 2000 (practice recommendations), or
    3. (iii) Part IV of that Act (enforcement), or
  2. (b) the commission of an offence under—
    1. (i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
    2. (ii) section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).

(2) Nothing in section 11(2) of this Act shall apply in relation to the disclosure of information in accordance with this section."

The Commissions for Local Administration in England and Wales

3. In section 32 of the Local Government Act 1974 (law of defamation, and disclosure of information) after subsection (6) there is inserted—

"(7) Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) above as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation."

4. After section 33 of that Act there is inserted—

"Disclosure of information by Local Commissioner to Information Commissioner.

33A.—(1) A Local Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Local Commissioner under or for the purposes of this Part of this Act if the information appears to the Local Commissioner to relate to—

  1. (a) a matter in respect of which the Information Commissioner could exercise any power conferred by—
    1. (i) Part V of the Data Protection Act 1998 (enforcement),
    2. (ii) section 47 of the Freedom of Information Act 2000 (practice recommendations), or
    3. (iii) Part IV of that Act (enforcement), or
  2. (b) the commission of an offence under—
    1. (i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant) or
    2. (ii) section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).

(2) Nothing in section 32(2) of this Act shall apply in relation to the disclosure of information in accordance wit h this section."

The Health Service Commissioners

5. At the end of section 15 of the Health Service Commissioners Act 1993 (confidentiality of information) there is inserted—

"(4) Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation."

6. After section 18 of that Act there is inserted—

"Disclosure of information to Information Commissioner.

18A.—(1) The Health Service Commissioner for England or the Health Service Commissioner for Wales may disclose to the Information Commissioner any information obtained by, or furnished to, the Health Service Commissioner under or for the purposes of this Act if the information appears to the Health Service Commissioner to relate to—

  1. (a) a matter in respect of which the Information Commissioner could exercise any power conferred by—
    1. (i) Part V of the Data Protection Act 1998 (enforcement),
    2. (ii) section 47 of the Freedom of Information Act 2000 (practice recommendations), or
    3. (iii) Part IV of that Act (enforcement), or
  2. (b) the commission of an offence under—
    1. (i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
    2. (ii) section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).

(3) Nothing in section 15 (confidentiality of information) applies in relation to the disclosure of information in accordance with this section."

The Welsh Administration Ombudsman

7. In Schedule 9 to the Government of Wales Act 1998 (the Welsh Administration Ombudsman), at the end of paragraph 25 (confidentiality of information) there is inserted—

"(5) Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of sub-paragraph (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation."

8. After paragraph 27 of that Schedule there is inserted—

"Disclosure of information to Information Commissioner

28.—(1) The Welsh Administration Ombudsman may disclose to the Information Commissioner any information obtained by, or furnished to, the Welsh Administration Ombudsman under or for the purposes of this Schedule if the information appears to the Welsh Administration Ombudsman to relate to—

  1. (a) a matter in respect of which the Information Commissioner could exercise any power conferred by—
    1. (i) Part V of the Data Protection Act 1998 (enforcement),
    2. (ii) section 47 of the Freedom of Information Act 2000 (practice recommendations), or
    3. (iii) Part IV of that Act (enforcement), or
  2. (b) the commission of an offence under—
    1. (i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
    2. (ii) section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).

(2) Nothing in paragraph 25(1) applies in relation to the disclosure of information in accordance with this paragraph."

The Northern Ireland Commissioner for Complaints

9. At the end of Article 21 of the Commissioner for Complaints (Northern Ireland) Order 1996 (disclosure of information by Commissioner) there is inserted—

"(5) Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of paragraph (1) as obtained for the purposes of an investigation under this Order and, in relation to such information, the reference in paragraph (1)(a) to the investigation shall have effect as a reference to any investigation."

10. After that Article there is inserted—

"Disclosure of information to Information Commissioner

21A.—(1) The Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Commissioner under or for the purposes of this Order if the information appears to the Commissioner to relate to—

  1. (a) a matter in respect of which the Information Commissioner could exercise any power conferred by—
    1. (i) Part V of the Data Protection Act 1998 (enforcement),
    2. (ii) section 47 of the Freedom of Information Act 2000 (practice recommendations), or
    3. (iii) Part IV of that Act (enforcement), or
  2. (b) the commission of an offence under—
    1. (i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
    2. (ii) section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).

(2) Nothing in Article 21(1) applies in relation to the disclosure of information in accordance with this Article."

The Assembly Ombudsman for Northern Ireland

11. At the end of Article 19 of the Ombudsman (Northern Ireland) Order 1996 there is inserted—

"(5) Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of paragraph (1) as obtained for the purposes of an investigation under this Order and, in relation to such information, the reference in paragraph (1)(a) to the investigation shall have effect as a reference to any investigation."

12. After that Article there is inserted—

"Disclosure of information to Information Commissioner

19A.—(1) The Ombudsman may disclose to the Information Commissioner any information obtained by, or furnished to, the Ombudsman under or for the purposes of this Order if the information appears to the Ombudsman to relate to—

  1. (a) a matter in respect of which the Information Commissioner could exercise any power conferred by—
    1. (i) Part V of the Data Protection Act 1998 (enforcement),
    2. (ii) section 47 of the Freedom of Information Act 2000 (practice recommendations), or
    3. (iii) Part IV of that Act (enforcement), or
  2. (b) the commission of an offence under—
    1. (i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
    2. (ii) section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).

(2) Nothing in Article 19(1) applies in relation to the disclosure of information in accordance with this Article."

The Commissioner for Local Administration in Scotland

13. In section 30 of the Local Government (Scotland) Act 1975 (limitation on disclosure of information), after subsection (5) there is inserted—

"(5A) Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in subsection (2)(a) to the investigation shall have effect as a reference to any investigation."").

On Question, amendment agreed to.

Schedule 7 agreed to.

Clause 84 [Commencement]:

Lord Falconer of Thoroton moved Amendment No. 367: Page 42, line 25, at end insert— ("( ) section (Disclosure of information between Commissioner and ombudsmen) and Schedule (Disclosure of information by ombudsmen),").

On Question, amendment agreed to.

Clause 84, as amended, agreed to.

Clause 85 agreed to.

In the Title:

[Amendment No. 368 not moved.]

House resumed: Bill reported with amendments.

House adjourned at seven minutes past midnight.