Parliamentary Search

Written question asked by Norman Baker (Liberal Democrat) on Wednesday, 17 November 1999, in the House of Commons. It was due for an answer on Tuesday, 23 November 1999. It was answered by Mike O'Brien (Labour) on Tuesday, 23 November 1999 on behalf of the Home Office.

Home Office

Question
To ask the Secretary of State for the Home Department, for what reasons the policy as to whether or not to disclose information has been changed from one based on substantial harm to one based on prejudice to the effective conduct of public affairs.
Answer

Mr. Baker: To ask the Secretary of State for the Home Department for what reasons the policy as to whether or not to disclose information has been changed from one based on substantial harm to one based on prejudice to the effective conduct of public affairs. [99124] Mr. Mike O'Brien: The Freedom of Information Bill translates the policy proposals contained in the White Paper, `Your Right to Know', into legislation. It is necessary in the Bill to express the Government's intentions in language that is clear to those who are affected as well as the courts. The Government have therefore used in most cases a test of prejudice, as this test has been used in similar legislation such as the Data Protection Act 1998 and the Local Government Act 1972 and is well understood by the courts and practitioners. The Information Commissioner will have power to overturn reliance on an exemption in any case if the "prejudice" test is not properly made out. The Commissioner will be able to ensure that any prejudice caused will be "real", "actual", or "of substance".

Secondary information

Type
Written question
Reference
99124; 339 c77-8W
Session
1999-00
Subjects
Disclosure of information Freedom of information Powers Information Commissioner's Office