§ Mr. Llew SmithTo ask the Secretary of State for the Home Department what is his policy on the extent to which(a) the Information Commissioner and (b) the utility regulators will have the overriding power to adjudicate on matters of dispute in regard to applications for release of information from utilities. [110648]
§ Mr. Mike O'BrienUnder the Freedom of Information Bill, which was introduced into Parliament last November, the Information Commissioner will have wide powers to adjudicate on complaints arising from a public body's refusal to disclose information requested by an applicant.
The utility regulators are public bodies and are included in the scope of the Bill. Applicants may obtain such information about the public functions of the utilities as their regulators hold, if it does not fall within any of the exemptions in the Freedom of Information Bill. And even when a public authority receives a request for information which is exempt, it will be required to consider the exercise of any discretion it may have to disclose it.
The Information Commissioner has the power to order disclosure except where an exemption has been properly relied on, and the issue is whether information should be disclosed as a matter of discretion. Where information is exempt, the Commissioner may consider whether the authority had proper regard to its discretion to release the information when it is in the public interest. She can also recommend discretionary disclosure of the information. In such cases, however, it would be for the public body, in this case the utility regulator, to determine whether or not to accept the Commissioner's recommendation.
We have made it clear that we are considering representations made during the course of the debate in the Commons on Second Reading and in the Committee Stage. My hon. Friend did not contribute in these debates but if he wishes to write to me I will certainly consider any points he wishes to make.
§ Mr. Llew SmithTo ask the Secretary of State for the Home Department if he will make a statement on the mechanism by which the freedom of information legislation is to be implemented in Northern Ireland. [110649]
§ Mr. Mike O'BrienFreedom of Information proposals within the Bill will apply to Northern Ireland in the same way as to England and Wales. However, when the suspension of the Northern Ireland Assembly is lifted, the Assembly will be able to use its power to amend the legislation in relation to bodies in the transferred field. It will be up to them to decide whether they wish to do so.
Clause 85, subsection (3) of the Bill makes provision for the legislation to come into force within five years of achieving royal assent. This is a statutory limit and not a target for implementation. This subsection also makes provision for the Secretary of State, by order, to appoint different days for the legislation to come into force for different purposes.