Report (3rd Day)

Part of Protection of Freedoms Bill – in the House of Lords at 6:45 pm on 15 February 2012.

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Photo of Lord Berkeley Lord Berkeley Labour 6:45, 15 February 2012

This amendment is designed to include Trinity House within the scope of the Freedom of Information act. The noble Lord, Lord Henley, has reminded the House this evening that a review of the FOI Act is going on, which is very welcome, but I am hoping that the Government will accept my amendment on the basis that they have already committed to include Trinity House in the FOI Act, as I shall demonstrate, and it would save a lot of time and effort.

Trinity House is the lighthouse and navigation aids authority that maintains the navigation aids around the coast of England and Wales. I think it should be included because I believe it is a public body. Ships going into UK ports pay light dues into a central fund called the General Lighthouse Fund, which is administered and disbursed by the Department for Transport to the three lighthouse authorities in England, Scotland and Ireland. This amendment would bring Trinity House in line with the Northern Lighthouse Board, which looks after the lights in Scotland and is already covered by FOI. If Ministers are concerned about how much extra work it would be for the GLF, I understand that the Northern Lighthouse Board has received just over 40 FOI inquiries, so I do not think it is any great effort for lighthouse authorities to be included.

I thought of including the Commissioners of Irish Lights in this amendment, but since the Minister for Shipping, Mike Penning MP, is at the moment negotiating with the Irish Government a very welcome change so that the lights around Ireland are not funded by ships going into UK ports by the time of the next election, I thought I would leave the Commissioners of Irish Lights out.

The Independent Light Dues Forum wrote to the Ministry of Justice on 25 January 2011 welcoming the ministry's announcement about opening public bodies to public scrutiny and the possibility of including Trinity House within FOI. The ministry responded on 23 February last year saying that Trinity House would be consulted about possible inclusion, which is absolutely right, of course. On 5 May, I received a letter from the noble Lord, Lord McNally, that stated:

"We intend to extend the Act to bodies which we believe to perform functions of a public nature, such as the Trinity House Lighthouse Service, through secondary legislation under section 5 of the Act rather than the Protection of Freedoms Bill".

He did not say why. It would achieve the same objective if this Bill were amended now.

When she replies, will the Minister say why it matters which legislative route is to be used to deliver the same outcome? I think it is quite important that this happens quite quickly. It is a year since this was first raised, and I hope that the Minister will accept my amendment, if only to avoid me bothering her again. I beg to move.