§ Lord Evans of Temple GuitingClause 54 was included in the Public Audit (Wales) Bill to ensure consistency in the criminal law across England and Wales. The Government have brought form, arcl an amendment to Clause 54 to make clear the link 'with the present legislation that currently applies across England and Wales—Section 49 of the Audit Commission Act 1998. It also ensures that any relaxation of the restrictions in the Audit Commission Act can be applied at the same time in England and Wales, following consultation with the National Assembly for Wales of course.
The Government acknowledge the concerns that have been raised about this clause. Indeed, Section 49 of the Audit Commission Act is already being considered as part of a much wider review of statutory restrictions on disclosure that the Government are undertaking. This is the Department for Constitutional Affairs' review into existing statutory prohibitions on disclosure. Such restrictions can be removed by order under Section 75 of the Freedom of Information Act 2000 in the case of Acts passed before or in the same Session as that Act. The DCA's Second Report to Parliament on the Review of Legislation Governing the Disclosure of Information published in November 2002 is available at http://www.dca.gov.uk/foi/foidoirpt2.htm. Section 49 of the Audit Commission Act is specifically referred to in Part 11 of that report, "Listing by Lead Department", under the Office of the Deputy Prime Minister heading.
Following preliminary consideration and consultation, the Government's preferred treatment for Section 49 is to amend it so that it is consistent with the spirit of the Freedom of Information Act, which has an overall presumption in favour of disclosure. The Department for Constitutional Affairs currently plans to publish a final report on its review in the autumn. The Department for Constitutional Affairs is also intending to bring forward the first order to be made under the freedom of information legislation later this year, and the Government will include the proposed amendment to Section 49 in that order. When Section 49 is amended, the Government amendment to Clause 54 will allow the relaxation of the restriction on disclosure to apply also in Wales. The Government are therefore following the proper process to address this issue, and are already well advanced in doing this.