Report (3rd Day)

Part of Protection of Freedoms Bill – in the House of Lords at 5:15 pm on 15 February 2012.

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Photo of Lord Wills Lord Wills Labour 5:15, 15 February 2012

I am grateful to the Minister for a characteristically gracious and thorough response. I am grateful, too, for the support that I have received from all sides of the House for both amendments. I am sorry that the Government have not taken account of the compelling cases made by the noble Earl, Lord Erroll, the noble Lord, Lord Lucas, and my noble friend Lord Collins on the Front Bench. I note what the Minister said in relation to Amendment 55ZB and my fear that any legislation will create a delay. She referred to Section 5. I am afraid that this only makes my point: the extension of the coverage of the Act under Section 5 to which she referred, and to which the Government always refer as a great indicator of their commitment to freedom of information, was, I have to tell the Minister, work put in train by the previous Government. I was the responsible Minister. It has taken all this time. That work was started in around 2008-I cannot remember exactly when. Four years later, this Government are now able to claim credit for that. The extension would not necessarily cover all the areas that should be covered by my amendment, so if the Minister is relying on that as a mechanism for speed in rectifying this problem, I am afraid that she is just wrong.

I hope that the Government will look again at this issue. I hear what the Minister says and I have no doubt about her personal commitment to transparency, but all the noises that we hear in the media as emanating from Whitehall are of the deep hostility of the entrenched, vested interests of the state to this agenda of transparency. All I can say is that I wish the Minister well in her forthcoming battles with those vested interests.

I do not regard it as part of my role in this House to safeguard the position of Conservative and Liberal Democrat Members of Parliament, but the same cannot be said of the Minister, so I am surprised that she continues to resist these amendments. I wonder if Ministers have really thought through what voters and the media will think of a Government who promise to increase transparency and then restrict it. What will they think about the fact that information about services, which is paid for by taxpayers and to which they currently have a right to access information, is now denied to them?

The noble Earl, Lord Erroll, made an important point about what will happen when all these contracts are let out to private sector companies by local authorities up and down the country. He made the case extremely well and I urge the Minister to look to it. What will happen when those Members of Parliament are berated by their constituents because they are worried about what is being done in their name using their money, and they are told that they cannot have information about it because the Government-that Government of Conservative and Liberal Democrat MPs-passed a law that denied them that information? They resisted every opportunity to accept amendments that would have maintained the status quo and given the public that information. What will those MPs turn round and say to the Ministers who let that through? It is not my problem, but I fear for the Minister that it will be her problem and those of her colleagues in the years to come.

I am much more concerned about a Government who have nobly pledged to increase transparency in the government of this country and are conniving either malignly or through inadvertence in a restriction and a weakening of those rights of the citizen.

However, having said all that, I note the general words of sympathy that the Minister offered for the principles of transparency. I really hope that Ministers can now make good on them. This issue may go no further in this Bill, but it will not go away. Ministers will be held to account for any failure to secure the rights of the British public to gain access about public functions for which they vote and for which they pay. With those words, I beg leave to withdraw the amendment.

Amendment 55ZA withdrawn.

Amendment 55ZB not moved.

Clause 102 : Extension of certain provisions to Northern Ireland bodies

Amendment 55A

Moved by Lord Sutherland of Houndwood

55A: Clause 102, page 88, line 35, at end insert "which may set conditions on republication or communication of the data to third parties"