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Business Bulletin No. 16/2001 |
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Monday 28 January 2002 |
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Section G: Bills: Notices and Amendments |
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New amendments to Bills lodged on 25 January 2002 Freedom of Information (Scotland) Bill- Stage 2 After section 1 Michael Matheson 28 After section 1, insert- <Meaning of "information" In this Act, "information" means- (a) information recorded in any form; (b) unrecorded information held by a person in that person's capacity as- (i) a member of; (ii) a member of staff of; or (iii) a person acting on behalf of, a Scottish public authority.> Section 2 Michael Matheson 29 In section 2, page 2, line 2, at end insert- <( ) In any case of doubt as to whether, for the purposes of paragraph (b) of subsection (1), the public interest in disclosing information is outweighed by that in maintaining an exemption, the presumption must be that the public interest in disclosure is not so outweighed.> Schedule 1 Michael Matheson 49 In schedule 1, page 40, line 10, at end insert- <A registered social landlord as defined in the Housing (Scotland) Act 2001 (asp 10).> Section 6 Michael Matheson 30 In section 6, page 4, line 2, at end insert- <or if those Ministers or such an authority has (or those Ministers and such an authority or authorities jointly have) a controlling interest in the company.> Michael Matheson 31 In section 6, page 4, line 11, at end insert- <( ) For the purposes of subsection (1)- (a) the Scottish Ministers have a controlling interest in a company if a majority of shares in the company are held by- (i) the Scottish Ministers or companies wholly owned by them or in which they have a controlling interest; or (ii) persons acting on behalf of the Scottish Ministers or of such companies; and (b) a Scottish public authority has such a controlling interest if a majority of shares in the company are held by- (i) the authority or companies wholly owned by the authority or in which they have a controlling interest; or (ii) persons acting on behalf of the authority or of such companies.> Section 8 Michael Matheson 32 In section 8, page 5, line 6, at end insert- <or where it is transmitted orally by the person making the request (if that person is not reasonably able to make the request in writing) and recorded in writing by the Scottish public authority to which the request is made.> Section 11 Michael Matheson 33 In section 11, page 6, line 29, at end insert- <( ) This section is without prejudice to the duties of a Scottish public authority under the Disability Discrimination Act 1995 (c.50).> Section 14 Michael Matheson 34 In section 14, page 7, line 23, at end insert- <( ) For the purposes of subsection (1), a request is vexatious if it is trivial or its purpose appears to be to divert the Scottish public authority to which the request is made from its legitimate activities.> Section 17 Michael Matheson 35 In section 17, page 8, line 38, at end insert- <( ) A notice under subsection (1) must state- (a) whether the authority ever held the information; (b) if so, whether the information has since been destroyed or transferred elsewhere; (c) if the information has been transferred, to whom, when and in what format.> Section 20 Michael Matheson 36 In section 20, page 9, line 38, leave out <twentieth> and insert <fortieth> Michael Matheson 37 In section 20, page 10, line 13, leave out <twentieth> and insert <fortieth> Section 26 Michael Matheson 38 In section 26, page 14, leave out line 12 Section 27 Michael Matheson 39 In section 27, page 14, line 25, at end insert- <( ) Information which is exempt by virtue of subsection (1) ceases to be exempt if it has not been published twelve weeks after the request for that information was made; and information which ceases to be exempt under this subsection cannot subsequently become exempt information under that subsection.> Section 29 Michael Matheson 40 In section 29, page 15, line 5, leave out <Once a decision as to policy has been taken,> Michael Matheson 41 In section 29, page 15, line 5, after <taken> insert <or it is clear that no such decision is to be taken> Michael Matheson 42 In section 29, page 15, line 10, at end insert- <and any request for such information made before that decision was taken is then to be complied with without the need for any further action on the part of the person who requested it.> Section 34 Michael Matheson 43 In section 34, page 18, line 14, at end insert <, but only so long as its disclosure under this Act would not prejudice substantially the privacy of surviving members of that person's immediate family or other close relatives.> Michael Matheson 44 In section 34, page 18, line 21, at end insert <; and its disclosure would substantially prejudice the confidentiality of such a source.> Section 36 Michael Matheson 45 In section 36, page 19, line 22, at end insert- <( ) Information is not exempt under subsection (1) by virtue only of a claim to confidentiality made for the purpose of establishing that exemption.> Section 63 Michael Matheson 46 In section 63, page 33, line 14, leave out <by virtue of section 26(a)> Section 70 Michael Matheson 47 In section 70, page 35, line 24, leave out from <(subject> to end of line 25 and insert <has the meaning given in section (Meaning of "information")> Section 72 Michael Matheson 48 In section 72, page 36, line 22, leave out <five> and insert <two> Proposals for Members' Bills Names marked with an asterisk (*) are new names of support. Proposals that have attracted 11 supporters have those supporters' names shown in bold. The member who lodged such a proposal has the right to introduce a Member's Bill to give effect to that proposal under Rule 9.14. Paul Martin: Proposed Health Boards Requirement to Consult Bill-Proposal for a Bill to require Health Boards to consult in circumstances where any changes of use of health service premises are proposed, whether those changes are on a new or existing site, and with a local right of appeal. (lodged 7 January 2002) Supported by: Helen Eadie, Dorothy-Grace Elder, Brian Fitzpatrick, Kenneth Macintosh, Gordon Jackson, Karen Gillon, Irene Oldfather, Frank McAveety, Kate MacLean, Janis Hughes, Sylvia Jackson, Pauline McNeill, Alasdair Morrison, Sandra White, Sarah Boyack, Brian Adam, Fiona McLeod, Tommy Sheridan, Michael McMahon, Jackie Baillie, Cathie Craigie, Scott Barrie, Robert Brown, John Young |
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