§ Mr. BakerTo ask the Chancellor of the Duchy of Lancaster what discussions he has had with the Minister without Portfolio regarding(a) the content and (b) the timing of publication of the White Paper on freedom of information. [10610]
§ Dr. David ClarkI have discussed the Government's proposals for a White Paper on freedom of information with many ministerial colleagues including the Minister without Portfolio.
§ Mr. BakerTo ask the Chancellor of the Duchy of Lancaster if he will release the papers available to Ministers at the meeting on Thursday, 10 July where it was decided not to publish the White Paper on freedom of information before the summer Adjournment. [10573]
§ Dr. ClarkI will ensure that factual and analytical material relevant in forming the White Paper's proposals is made publicly available and I will bear this in mind as we approach the publication of the White Paper.
§ Mr. BakerTo ask the Chancellor of the Duchy of Lancaster if he will list the Acts of Parliament which(a) contain provisions restricting the release of information and (b) apply criminal sanctions in respect of the unauthorised disclosure of information. [10574]
§ Dr. ClarkThe previous Government's 1993 White Paper, "Open Government"—Cm 2290—listed those statutory provisions which restrict the release of information. Many of these Acts also make provision for criminal sanctions in the case of unauthorised disclosure.
§ Mr. BakerTo ask the Chancellor of the Duchy of Lancaster if proposals to amend the 1977 Croham directive in respect of the release of background detail and information behind ministerial decisions will be included in the forthcoming White Paper on freedom of information. [10611]
§ Dr. ClarkThe Government remain committed to the principles contained in the Croham directive but, 20 years on, they propose to build on them in their forthcoming White Paper on freedom of information.
§ Mr. BakerTo ask the Chancellor of the Duchy of Lancaster if he will list in respect of freedom of information regimes in other countries those countries which operate an appeal mechanism based on(a) the courts, (b) an independent ombudsman or commissioner and (c) a select committee or other parliamentary mechanism. [10609]
§ Dr. ClarkThe table summarises the basic appeals mechanisms used in a number of leading freedom of information regimes.
771W
Country Courts Ombudsman/Information Commissioner1 Select Committee or other parliamentary mechanism2 USA Yes No No Canada Yes Yes No Australia Yes Ombudsman or the Administrative Appeals Tribunal No New Zealand Yes Yes Yes
Country Courts Ombudsman/Information Commissioner1 Select Committee or other parliamentary mechanism2 France Yes Yes No Sweden Yes No No Ireland Yes Yes No 1 Where the appeals mechanism incorporates both an Ombudsman and the courts and/or parliamentary review mechanism the appeal is usually directed to the Ombudsman in the first instance. 2 Although Parliament may not play a formal role, the Ombudsman may still be an Officer of Parliament.
§ Mr. BakerTo ask the Chancellor of the Duchy of Lancaster if he will list the statutory reforms recommended in the "Open Government" White Paper 1993, Cm 2290, which have been implemented. [10615]
§ Dr. ClarkThe 1993 "Open Government" White Paper—Cm 2290—proposed two new statutory rights: (i) a statutory right for people to see their personal records held by Government and by other public sector authorities, and (ii) a statutory right of access to health and safety information. Neither was implemented.
The White Paper also proposed the selective insertion of "harm tests" into criminal provisions covering unauthorised disclosure of information as legislative opportunities arose. No such amendments were made.
These proposals of the previous Government will be superseded by comprehensive proposals for a Freedom of Information Act in our forthcoming White Paper.