division_name: Freedom of Information Bill - Exception from duty to comply with decision notice or enforcement notice
motion: <p>Amendment made:  No. 63, in page 23, leave out lines 38 and 39 and insert--
   
  
  <p>
   
  (a) consult the Commissioner, and
   
  
   
  (b) publish any written representations made to him by the Commissioner with respect to the proposed order, except so far as those representations contain information which is, or if the order were made would be, exempt information.'.-- [Mr.  Mike Hall.] <p>
   I beg to move amendment No. 64, in page 26, line 18, leave out clause 48.
   
  
  <p> 
     Mr. Deputy Speaker  (Sir Alan Haselhurst):   
   With this, it will be convenient to discuss the following: Government amendments Nos. 65 and 66.
  <p>in relation to a government department, means any Minister of the Crown
  <p>a Minister who is a member of the Cabinet.
  <p>in the reasonable opinion of a qualified person
  <p>Amendment agreed to .
  <p> 
   Amendments made:  No. 65, in page 27, line 26, at end insert--
   
  '( ) Subsections (5) and (6) do not apply in relation to a decision notice which relates to a failure to comply with section 13.'.
   
  No. 66, in page 27, line 27, leave out subsection (7) and insert--
   
  '(7) This section has effect subject to section ( Exception from duty to comply with decision notice or enforcement notice ).'.-- [Mr.  Mike Hall.] 
  <p> 
   Amendment made:  No. 67, in page 28, line 32, at end insert--
   
  '(8) In this section "information" includes unrecorded information.'.-- [Mr.  Mike Hall.] 
  <p> 
   Amendments made:  No. 6, in page 28, line 39, leave out subsection (2).
   
  No. 69, in page 29, line 10, at end insert--
   
  '( ) Subsections (3)(b) and (4) do not apply in relation to a decision notice which relates to a failure to comply with section 13.'.
   
  No. 70, in page 29, line 12, at end insert--
   
  '( ) This section has effect subject to section ( Exception from duty to comply with decision notice or enforcement notice ).'.-- [Mr.  Mike Hall.] 
  <p> 
   Amendment made:  No. 71, in page 30, line 3, at end insert--
   
  '( ) Subsection (1) does not confer any right of appeal in relation to a decision notice which relates to a failure to comply with section 13; and subsection (2) does not confer any right of appeal in relation to an enforcement notice which relates to such a failure.'.-- [Mr.  Mike Hall.] 
   
  <p> 
   Amendments made:  No. 89, in page 64, line 24, at end insert--
   
  '. In section 7 of the Data Protection Act 1998 (right of access to personal data), for subsection (3) there is substituted--
   
  "(3) Where a data controller--
   
  (a) reasonably requires further information in order to satisfy himself as to the identity of the person making a request under this section and to locate the information which that person seeks, and
   
  (b) has informed him of that requirement,
   
  the data controller is not obliged to comply with the request unless he is supplied with that further information.".'.
   
  No. 90, in page 64, line 26, leave out--
   
  'the Data Protection Act 1998'
   
  and insert "Act".-- [Mr.  Mike Hall.] 
  <p> 
   Amendment made:  No. 72, in page 36, line 40, leave out--
   
  'in pursuance of a decision under section'.-- [Mr.  Mike Hall.] 
  <p> 
   Amendment made:  No. 73, in page 37, line 18, after "section 1", insert "or 13".-- [Mr.  Mike Hall.] 
  <p> 
   Amendment made:  No. 74, in page 37, line 39, leave out Clause 77.-- [Mr.  Mike Hall.] 
  <p> 
   Amendment made:  No. 75, in page 38, leave out lines 3 and 4 and insert--
   
  'under section 1 or 13'.-- [Mr.  Mike Hall.] 
  <p> 
   Amendments made:  No. 76, in page 38, line 34, leave out from beginning to "section" and insert--
   
  'A statutory instrument containing (whether alone or with other provisions)--
   
  (a) an order under'.
   
  No. 77, in page 38, line 34, after " 4,", insert " 6(3) or (7),".
   
  No. 78, in page 38, line 34, leave out from " 74" to "has" in line 35 and insert--
   
  'or
   
  (b) regulations under section 9(3),
   
  shall not be made unless a draft of the instrument'.
   
  No. 79, in page 38, line 37, leave out "containing" and insert--
   
  'which contains (whether alone or with other provisions)'.
   
  No. 80, in page 38, line 38, after " 3(1)", insert--
   
  'or ( Exception from duty to comply with decision notice or enforcement notice )(4) or (6)'.
   
  No. 81, in page 38, line 38, leave out "or 6(3) or (7)".
   
  No. 82, in page 38, line 39, after "Act", insert--
   
  'not specified in subsection (2)(b)'.
   
  No. 83, in page 38, line 40, at beginning insert--
   
  'and which is not subject to the requirement in subsection (2) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,'.
   
  No. 84, in page 39, line 1, after " 4", insert "or 6(7)".--[ Mr. Mike O'Brien. ]
  <p> 
   Amendments made:  No. 85, in page 39, line 26, after first " "information" ", insert--
   
  '(subject to sections 51(8) and 74(2))'.
   
  No. 86, in page 39, leave out lines 30 and 31.
   
  No. 87, in page 39, line 32, leave out from first "Minister"" to end of line 35 and insert--
   
  'includes the First Minister and deputy First Minister in Northern Ireland'.
   
  No. 88, in page 40, line 2, at end insert--
   
  '"transferred matter", in relation to Northern Ireland, has the meaning given by section 4(1) of the Northern Ireland Act 1998;'.-- [Mr.  Mike Hall.] 
   
  <p>Ireland acting jointly, or any Northern Ireland Minister nominated in relation to that public authority by those Ministers so acting,
   
  (j) in relation to any public authority specified in Part II of Schedule 1 which is not a local authority but whose members include members of local authorities, means--
   
  (i) a committee or sub-committee of the public authority designated by the Secretary of State by order, or
   
  (ii) a member of a local authority who is also a member of that public authority and is designated by the Secretary of State by order, and
   
  (k) in relation to any other public authority, means a Minister of the Crown designated by the Secretary of State by order.
   
  (5) An order under subsection (4)--
   
  (a) may designate specified persons or persons falling within a specified description,
   
  (b) may designate different persons in relation to the same authority in relation to different cases, and
   
  (c) may make any designation subject to conditions.
   
  (6) The Secretary of State may by order provide for the exercise of the functions conferred by subsection (1) on the accountable person (whether designated by subsection (4) or by an order under that subsection) in the event of any vacancy in the office held by the accountable person or in the event of the illness or absence of the accountable person.
   
  (7) In this section--
   
  "local authority" means--
   
  (a) a local authority within the meaning of the Local Government Act 1972,
   
  (b) the Common Council of the City of London, or
   
  (c) the Council of the Isles of Scilly;
   
  "working day" has the same meaning as in section 9.'.-- [Mr.  Mike Hall.] 
   
   Brought up, and read the First time. 
  <p>The House divided:  Ayes 302, Noes 173.
  