division_name: Freedom of Information Bill - Amendment of schedule 1
motion: <p>Lords amendment agreed to. <p> 
   Lords amendment:  No. 5, in page 2, line 35, leave out ("or by a government department") and insert
   
  ("by a government department or by the National Assembly for Wales")
   
  
  <p>
   I beg to move, That this House agrees with the Lords in the said amendment.
  <p> 
      Mr. Speaker:   
   With this it will be convenient to discuss Lords amendments Nos. 6 to 10, 25, 28 to 34, 36 to 38, 68, 69, 74, 77, 78 and 82.
  <p>a Minister of the Crown in his capacity as Minister
  <p>Before making an order under subsection (3), the Secretary of State shall . . . if the order relates to the National Assembly for Wales or a Welsh public authority, consult the National Assembly for Wales.
  <p>if the order relates to the Northern Ireland Assembly,
  <p>the Presiding Officer of the Assembly.
  <p>between Northern Ireland Ministers, including Northern Ireland junior Ministers,
  <p>between Assembly Secretaries, including the Assembly First Secretary.
  <p>at end insert ("and proceedings of the executive committee of the National Assembly for Wales").  <p>leave out subsection (1) and insert--
  <p> 
   
  ("(1) For the purposes of this Act each government department is to be treated as a person separate from any other government department.
  <p>Subsection (1) does not enable--
  <p> 
   
  (a) a government department which is not a Northern Ireland department to claim for the purposes of section 39(1)(b) that the disclosure of any information by it--
  <p>would constitute a breach of confidence actionable by any other government department (not being a Northern Ireland department).
  <p>a government department which is not a Northern Ireland department to claim for the purposes of section 39(1)(b) that the disclosure of any information by it would constitute a breach of confidence actionable by any other government department (not being a Northern Ireland department),
  <p>Meaning of "Welsh public authority",
  <p>any public authority which is listed in Part II, III, IV or VI of Schedule 1 and whose functions are exercisable only or mainly in or as regards Wales, other than an excluded authority.
  <p>mainly in or as regards Wales?
  <p>by a government department or by the National Assembly for Wales.
  <p>
  My right hon. Friend the Member for Bromley and Chislehurst (Mr. Forth) has explained how the two things were regarded in the same light and how the National Assembly for Wales was originally perceived as being a Government Department, which must have been the case. However, I wish to raise a second problem, which is that it does not strike me as entirely helpful to speak of the National Assembly for Wales as though it can be treated as a Government Department.
  <p>Before making an order under subsection (1), the Secretary of State shall--
  <p> 
   
  (a) if the order adds to Part II, III, IV or VI of Schedule 1 a reference to--
  <p> 
   
  (i) a body whose functions are exercisable only or mainly in or as regards Wales.
  <p>functions exercisable . . . as regards Wales.
  <p>the holder of an office whose functions are exercisable only or mainly in or as regards Wales.
  <p>the National Assembly for Wales or a Welsh public authority.
  <p>if the order relates to a Northern Ireland department or a Northern Ireland public authority, consult the First Minister and deputy First Minister in Northern Ireland.
  <p>In this Act "Welsh public authority" means--
  <p> 
   
  (a) any public authority which is listed in Part II, III, IV or VI of Schedule I
  <p>and whose functions are exercisable only or mainly in or
  <p>as regards Wales, other than an excluded authority.
  <p>In paragraph (a) of subsection (1) "excluded authority" means a public authority which is designated by the Secretary of State by order as an excluded authority for the purposes of that paragraph.
  <p>exercisable only or mainly or as regards Wales.
  <p>In paragraph (a) of subsection (1) "excluded authority" means
  <p>Before making an order under subsection (2)
  <p>the Secretary of State shall consult the National Assembly for Wales.
  <p>or mainly to transferred matters?
  <p>at end insert--
  <p> 
   
  (""Welsh public authority" has the meaning given by section ( Meaning of "Welsh public authority" ).")
  <p>
  On page 19, it says the same again, but on page 41 it says:
  <p> 
   
  "government department" . . . does not include . . . the National Assembly for Wales.
  <p>exercisable only or mainly in or as regards Wales.
  <p>by a government department or by the National Assembly for Wales.
  <p>Page 3, leave out line 12.
  <p>the National Assembly for Wales.
  <p>It being Twelve midnight,  Mr. Deputy Speaker  put the Question required to be put at that hour, pursuant to Order [this day]. 
  <p>Question put,  That this House agrees with the Lords in the said amendment:--
  <p>The House divided:  Ayes 368, Noes 115.
   