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Proceeding contribution from Lord Henley (Conservative) in the House of Lords on Thursday, 12 January 2012. It occurred during Debate on bill and Committee proceeding on Protection of Freedoms Bill.


Protection of Freedoms Bill

I thank my noble friend for speaking to his amendment with such brevity that he caught me unaware. He has set out how he seeks to introduce a provision into the Freedom of Information Act to the effect that, so far as is practical, and where they request it, applicants must be supplied with a copy of the original record containing the information in which they are interested. I accept that disclosing copies of documents is often the easiest way of responding to freedom of information requests and that that practice is widely followed. In some instances, it may be reasonably practical in terms of cost to supply copies of the existing record, but there may be legitimate reasons why it is not proportionate to do so when the benefit to be gained is balanced by the burdens imposed. For example, the most reasonable interpretation of the amendment would mean that the additional information need not be released if it has not been requested, but if it is, the public authority would be obliged to provide pages of blacked-out text in order to provide the full existing record. I do not think that that would be the most appropriate way forward. Leaving the position that public authorities can provide copies of the original where necessary but they are not obliged to do so is possibly the more appropriate way to deal with this matter, and I hope my noble friend will feel able to withdraw his amendment.


Secondary information

Type
Proceeding contribution
Reference
734 c46-7GC 
Session
2010-12
Chamber / Committee
House of Lords Grand Committee
Subjects
Children Disclosure of information Contracts Databases Codes of practice Courts Administration of justice Health Health services Fees and charges Land Freedom of information EU law Human trafficking Exemptions Legislation Higher education Landlords Local government Private sector Ownership Powers of entry Personal records Northern Ireland Prosecutions Public interest Public bodies Parliamentary scrutiny Unadopted roads Scotland Universities Republic of Ireland Sexual offences Research Rented housing Science USA Royal assent Risk assessment Information Commissioner's Office
Legislation
Protection of Freedoms Bill 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk