HC Deb 23 November 1999 vol 339 cc77-8W
Mr. Baker

To ask the Secretary of State for the Home Department for what reasons the policy as to whether or not to disclose information has been changed from one based on substantial harm to one based on prejudice to the effective conduct of public affairs. [99124]

Mr. Mike O'Brien

The Freedom of Information Bill translates the policy proposals contained in the White Paper, 'Your Right to Know', into legislation. It is necessary in the Bill to express the Government's intentions in language that is clear to those who are affected as well as the courts. The Government have therefore used in most cases a test of prejudice, as this test has been used in similar legislation such as the Data Protection Act 1998 and the Local Government Act 1972 and is well understood by the courts and practitioners. The Information Commissioner will have power to overturn reliance on an exemption in any case if the "prejudice" test is not properly made out. The Commissioner will be able to ensure that any prejudice caused will be "real", "actual", or "of substance".

Mr. Baker

To ask the Secretary of State for the Home Department if he will make it his policy to ensure that there are no blanket confidentiality clauses in the forthcoming Freedom of Information Bill. [99123]

Mr. Mike O'Brien

Nothing in the Freedom of Information Bill prevents the disclosure of information by public authorities if it is otherwise lawful. However, I am satisfied some information should be exempt from the statutory right to know where issues of privacy or confidentiality apply, where the effective conduct of public affairs is at issue or where prejudice would, or would be likely to occur to a specified interest.

In some cases, it is right that an exemption should apply in all circumstances. However, the Freedom of Information Bill provides that, in most cases, the public authority should further consider whether the public interest in disclosure outweighs the public interest in maintaining the exemption in question. In this way, the greater amount of openness can be delivered consistent with effective Government.