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B1095 - Freedom of Information (Amendments) Bill - Final Division

Freedom of Information (Amendments) Bill

A
Bill
To
A bill to amend the Freedom of Information Act 2000 to modify appropriate provisions to increase efficiency
The provisions in this act only apply in Scotland to UK government offices geo-located therein:
1. Modifying Times
1)- Strike Section 10 (3) and replace with:
“If, and to the extent that— (a)section 1(1)(a) would not apply if the condition in section 2(1)(b) were satisfied, or (b)section 1(1)(b) would not apply if the condition in section 2(2)(b) were satisfied,the public authority need not comply with section 1(1)(a) or (b) until no later than the fortieth working day following the date of receipt.; but this subsection does not affect the time by which any notice under section 17 (1) must be given.”
2) Section 127 of the Magistrate Courts Act’s 6 month limit on the prosecution of offenses under Section 77 of the Freedom of Information Act shall be removed if a waiver is granted by the Secretary of State, which shall require the determination that the investigation process needed by the Information Commissioner required a longer period.
2. Conduct Complaints
1)- Public bodies reviewing conduct complaints shall have a maximum of 30 working days to produce a result.
(2) All public bodies who-
(a) are subject to the Freedom of Information Act, and
(b) who employ 50 or more full time staff, shall compile statistics, to be maintained in a database operated by the Information Commissioner.
(3) Statistics must include, but are not limited to;
(a) average time of compliance,
(b) number of complaints filed against the body,
(c) the responses to requests made,
(d) the number of requests received, and
(e) a disclosure of the benefits in kind received by senior employees.
(4) The Information Commissioner is tasked with monitoring and ensuring that transparency obligations are met by public authorities.
3 Protecting Civil Servant and Ministerial Advice
  1. Public interest determinations made under Section 35 shall not incorporate whether or not the decision is either ongoing or already made.
  2. Add “(e) cabinet collective decision making” to Section 35 (1)
  3. Repeal Section 36 (2) (a)
  4. Omit “ in the reasonable opinion of a qualified person” from Section 36 (2)
4. Removing Ambiguous Wording
1)- Section 14 (1) is hereby replaced with;
“(1) Section 1(1) does not oblige a public authority to comply with a request for information if the request fails a seriousness burden constructed around the following criterion;
a) The request must not be obsessive.
b) The request must not impose an undue burden on public bodies.
c) The request must have a serious purpose.
d) The request originates with the intent of harassing staff.
e) The request must not pose a needless burden on national security.
**4- Duty to Report of Public Authority Compliance and Responses **
(1) The Freedom of Information Act 2000 is amended as follows
(2) After Section 20 , insert —
20A - Duty to Report of Public Authority Compliance
(1) For the purpose of this section, “Public Authority” refers to an authority as defined under Section 3 of this Act, of which employs more than 100 full-time employees.
(2) Any Public Authority shall have an obligation to submit statistics of their compliance to the obligations of this Act to the Information Commissioner (“The Commissioner”)
(3) The Commissioner shall set the requirements for the scope of performance statistics submitted under paragraph 2 of this section.
(a) The Commissioner may review and change the requirements for performance statistics at any point but must give notice to Public Authorities of at least 3 months before they come into effect at the next publication of statistics by the Commissioner.
(b) If there is a change in requirement of statistics, the Commissioner shall have a duty to disclose an explanation of these changes either in a separate publication or as an appendix to the publication of the first set of statistics where the changes apply.
(4) The Commissioner shall be required to publish statistics at the very latest one year after the release of the last set of statistics.
(a) Should there be a reason where statistics can not be published a year after the release of the last set of statistics, the Commissioner must release a statement explaining when the statistics can be expected to be published alongside any reasons causing the delay of publication.
(5) The first set of statistics shall be due one year after this Section comes into force.
(a) This date may be changed by consultation between the Commissioner and the Secretary of State, and may be changed by order.
(6) A Public Authority shall have the obligation to publish all requests received under this Act, alongside any responses provided by the Public Authority.
5 Expanding Freedom of Information Act Accessibility
  1. The Information Commissioner may designate a private entity providing public services, or sector of government functions whenever they utilize private entities to provide public services, as requiring to comply with Freedom of Information Act requests related to the services they provide, if they meet the following criterion;
The private entity must:
a) Provide a public service to a large number of people and/or significantly impacts the lived experiences of recipients.
b) Received amounts of government funding that the withdrawal of which would seriously harm said entity’s revenue.
c) The public interest would be meaningfully enhanced with disclosure.
d) The requirement would not impose an undue burden on the private entity, with such burdens being measured by its size, capability, and administrative aptitude.
2) Decisions made in this section can be appealed to the Freedom of Information Act Board
3) Sections 11 (1) (a) and (c) of the Act as it relates to the provision of information can be interpreted as a request for a oral, hard, or electronic copy, the appropriate version of which must be provided by the authority upon request provided the information can be readily converted.
6. Commencement, full extent and title
1)- This Act may be cited as the Freedom of Information (Amendments) Act 2020
2) This Act shall come into force 2 months upon Royal Assent.
3) This Act extends to England and Wales, Northern Ireland, and Scotland.
This bill was written by The Rt. Hon Lord Houston PC MBE KBE MS of Solidarity, and implements ideas alluded to in the following real life report. It is co-sponsored by the Liberal Democrat, Coaliton!, and Labour Parties
The FOIA
https://www.legislation.gov.uk/ukpga/2000/36/contents/2012-04-01
This division will end on the 20th of November 2020 at 10pm GMT
submitted by Anacornda to MHOCMP

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