HC Deb 18 March 1998 vol 308 cc647-8W
Mr. Shepherd

To ask the Chancellor of the Duchy of Lancaster if he will list those countries with freedom of information acts which exclude from the scope of the legislation(a) the law enforcement functions of the police, (b) the law enforcement functions of the immigration service and (c) the security and intelligence services. [35110]

Dr. David Clark

Information held by my Department about overseas freedom of information acts is not comprehensive. Using known examples however, the answers are:(a) the US Freedom of Information Act does not cover the police (as it is a Federal Act) and also excludes certain operational files of the FBI; (b) none: (c) the Australian Freedom of Information Act wholly excludes that country's security and intelligence services while the US Freedom of Information Act excludes certain operational files of the CIA. In general, even where countries exempt rather than exclude law enforcement, security and intelligence functions from their Freedom of Information Acts, the level of actual protection for such information remains high.

Mr. Baker

To ask the Chancellor of the Duchy of Lancaster what procedure and criteria will apply in respect of the appointment of the Information Commissioner; how long his or her term of office will last; and if he will make a statement. [35035]

Dr. David Clark

The formal procedure for appointing the Information Commissioner and details of his or her term of office will be set out in the draft FOI Bill which I intend to publish later this year for public consultation.

Mr. Baker

To ask the Chancellor of the Duchy of Lancaster what appeal procedure will apply in respect of decisions reached by the Information Commissioner. [35036]

Dr. David Clark

As proposed in paragraph 5.16 of the White Paper "Your Right to Know", decisions of the Information Commissioner would be subject to judicial review. The White Paper indicates why this is preferred to a substantive right of appeal.

Mr. Baker

To ask the Chancellor of the Duchy of Lancaster if he will make a statement on the procedures which will be put in place to ensure full public accountability of the work of the Information Commissioner. [35032]

Dr. David Clark

Paragraph 5.11 of the White Paper "Your Right to Know" proposes that the Information Commissioner should be required to publish an annual report (and special reports where necessary) to Parliament on the operation of his or her function; and to publish reports on the outcomes of investigations.