Clause 129
Local Government and Public Involvement in Health Bill
12:15 pm

Robert Syms (Shadow Minister (Local Government), Communities and Local Government; Poole, Conservative)

I would be grateful if the Minister would take the opportunity to say a little about this clause. I know that we live in an age of devolution but we still deal with the primary part of legislation and it would be useful if he could set out how the arrangements are different for Wales.

Phil Woolas (Minister of State (Local Government & Community Cohesion), Department for Communities and Local Government; Oldham East and Saddleworth, Labour)

I am grateful to have the opportunity to speak about clause 129, on the disclosure of information obtained by the Audit Commission or by an auditor. It repeals section 49A and amends section 49 of the Audit Commission Act 1998, which restricts the disclosure of information obtained by an auditor of the Audit Commission in the exercise of functions under the 1998 Act or under part 1 of the Local Government Act 1999.

The provision allows for a public authority or person acting on its behalf, as defined by the Freedom of Information Act 2000, to disclose information except when disclosure would prejudice the effective performance of any function of that authority. It also provides for an auditor to disclose information except when disclosure would prejudice the effective performance of his functions. It further provides for any other person to disclose information with the consent of the Audit Commission or an auditor. The commission and the auditor are obliged to give that consent unless disclosure would prejudice the effective performance of the functions of an auditor of the commission. I hope that that is as clear to the Committee as it is to the Audit Commission.

The clause removes the sanction of imprisonment for unlawful disclosure from the current provision. As the Committee will recall, clause 129 is in keeping with a previous commitment given to the House during the passage through the House of the Public Audit (Wales) Act 2004. Once again, the Government have fulfilled their promises to Parliament, though we were not prompted to do so by the hon. Member for Poole. I hope that I have answered him.