division_name: Freedom of Information Bill - Discretionary disclosures
motion: <p>As amended in the Standing Committee, further considered. 
  
   <p>
   I beg to move amendment No. 107, in page 7, line 28, leave out from "(e)" to end of line 31 and insert "section 38(1)".
   
  
  <p> 
      Madam Speaker:   
   With this it will be convenient to discuss the following amendments: No. 105, in clause 38, page 21, leave out lines 24 to 30 and insert--
   
  
  <p>there is a danger that you, (the requester), will get a limited amount of third party information.
  <p>The Freedom of Information Act will be drafted so that it is compatible with the Data Protection principles.
  <p>a case file about an individual which contains correspondence about a number of matters relating to that individual and is indexed by reference only to the dates of correspondence.
  <p>Amendment, by leave, withdrawn. 
  <p>Amendment made:  No. 47, in page 7, line 35, leave out subsections (3) to (5) and insert--
   
  
  <p>
   I beg to move amendment No. 7, in page 8, line 8, leave out subsection (6).
   
  
  <p> 
      Madam Speaker:   
   With this it will be convenient to discuss the following: Government amendment No. 48.
  <p>the formulation or development of government policy . . .
  <p>the reasonable opinion of a qualified person . . .
  <p>the effective conduct of public affairs.
  <p>the formulation or development of government policy . . . Ministerial communications . . . the provision of advice by any of the Law Officers or any request for the provision of such advice, or . . . the operation of any Ministerial private office.
  <p>the public interest in disclosing the information outweighs the public interest in maintaining the exemption in question.
  <p>The Government should: make available to Select Committees in both Houses, at an early stage in the policy process, information about the factual and analytical basis of cross-cutting policies, including joint appraisals.
  <p>we are prepared to expose government information at all levels to FOI legislation,
  <p>issue of factual or background information . . . is important and . . . I think on the whole ought to be disclosed.
  <p>harm the frankness and candour of internal discussion.
  <p>facts and the analysis of facts
  <p>When we were coming up to the 1997 election, knowing what the government policy was in this matter, my senior colleagues and I gave some thought to how we could regularly structure submissions <p>to Ministers in a way that would enable us easily to separate the background which was publishable from, as it were, the subjective advice which was confidential. It would take a bit of training and changing practice to do that, but I think that people could very readily adapt to that.
  <p>also have regard to the desirability of communicating to the applicant factual information which has been used, or is intended to be used, to provide an informed background to decision-taking.
   
  
  
  <p>also have regard to the desirability of
  <p>in particular have regard to the public interest in.
  <p>Information is not exempt by virtue of subsection (1) or section 34 insofar as it consists of factual information.
  <p>One of the seven principles of public life which our committee propounded is openness. I am tempted to say it is the fundamental principle of the seven, because without it, in this age of scepticism, public confidence in standards of conduct will not flourish.
  <p>used or intended to be used by a public body for the purpose of making decisions, determinations or recommendations and factual, including statistical information and analyses thereof and the reasons for the making of a decision by a public body.
  <p>could . . . structure submissions to Ministers in a way that would enable us easily to separate the background . . . from . . . subjective advice.
  <p>there is no sop like an old sop.
   
  
  <p>Information held by a government department is exempt information if it relates to the formulation of development of government policy, Ministerial communications, the provision of advice by any of the Law Officers or any request for the provision of such advice, or the operation of any Ministerial private office.
  <p>Alastair Campbell, the Prime Minister's press secretary, has frequently said that we will get a Freedom of Information Act over his dead body. He need have no fear; the Home Secretary is giving us neither freedom, nor information, nor any Act worth the name.
  <p>Open government is an attitude of mind. It is clear that frontal lobotomy would be required to change the attitude of many in Whitehall to the very idea of openness.
  <p>New Labour's promise is not borne out by the--
   
  
  <p>It is perhaps worth recalling what happened to Labour's open government commitment of October 1974. Those were the days when Labour manifestos were packed with potent, fire-in-the-belly commitment and the betrayal came with the hangover.
  <p>
  The then Prime Minister, now Lord Callaghan, announced that
  <p> 
   
  it would be the Government's intention . . . to publish as much as possible of the factual and analytical material used as the background to major policy studies.
  <p>Little has changed since Sir Douglas wrote his letter in July 1977.
  <p> 
   
  Twenty-two years after that pitiful directive, we now have a pitiful Bill.
  <p>Is not it possible to separate policy advice from the information behind that policy advice?--[ Official Report , 7 December 1999; Vol. 340, c. 723.]
  <p>Everything in the cosmos is a fact or a phenomenon.
  <p>The only group in Britain who are seriously interested in a Freedom of Information Act are inquisitive left-wing busy bodies.
  <p>communicating to the applicant factual information which has been used, or is intended to be used, to provide an informed background to decision-taking.
  <p>The House divided:  Ayes 202, Noes 311.
  