Freedom of Information Bill

Part of the debate – in the House of Lords at 10:30 pm on 14th November 2000.

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Photo of Lord Falconer of Thoroton Lord Falconer of Thoroton Minister of State, Cabinet Office 10:30 pm, 14th November 2000

My Lords, not from what I know of the information commissioner. The point made by the noble Lord, Lord Lucas, relates to Clause 2 and not to Clause 35. Under Clause 35, the information commissioner could interfere with the reasonable opinion of the qualified person only if there were some procedural irregularity in the exercise of the discretion or if it were such a perverse conclusion that no reasonably qualified person could have reached that conclusion.

However, that would then be subject to the public interest balancing test and in relation to that the information commissioner would be entitled to substitute her own view for that of the public authority's in relation to the balancing act in Clause 2.