Energy Bill [Lords]
3:15 pm

Mr Bill O'Brien (Normanton, Labour)
With this it will be convenient to discuss the following:
Amendment No. 110, in
clause 12, page 10, line 47, leave out from 'information' to 'national' and insert
'the publication of which would constitute a material risk to'.
Amendment No. 111, in
clause 12, page 11, line 1, at end add
'the publication of which would constitute a material risk to national security'.
Amendment No. 126, in
schedule 2, page 161, line 34, leave out
'be against the interests of'
and insert
'constitute a material risk to'.
This is rather less controversial, although still important. I and my hon. Friend the Member for Hazel Grove tabled these amendments with a view to getting the balance right between proper regard being paid to national security and the issue of the public at large knowing what is taking place in their name. The test set under the Bill for the release of information is slightly too widely drawn. My amendment would be a more satisfactory replacement. The term
''against the interests of national security''
can be interpreted rather widely, whereas the replacement wording
''constitutes a material risk to''
national security is fairer and tighter. It does not prevent anything being withheld that is a genuine threat to national security, but recognises the principles enshrined in the Government's freedom of information legislation, which is that information should be released unless there is a good reason not to do so. We tabled the amendment to endorse the Government's approach to freedom of information, so I hope that they will support it.
