UK Parliament / Open data

Constitutional Reform and Governance Bill

These provisions do commend themselves to Conservative Members, and I greatly welcome the fact that the Government have tabled them to implement the proposals in the Dacre report. I join the Secretary of State in thanking those who contributed to putting together the report. I, too, do not wish to take up too much of the House's time, because the answers given by the Secretary of State on the exemptions in new schedule 1 appear to make eminent sense and there is no point in my repeating the arguments that he put forward. I seek slightly greater clarification on only one matter. I understand that the original proposals in the Dacre report were that we should move from 30 to 20 years and, secondly, that there should be a formula to cover the period that will fall over 10 years to address the differences between the 20 and 30-year periods. In new clause 22, the Government have, perfectly reasonably, not sought to spell that out in primary legislation, but have chosen to give the Lord Chancellor and the Secretary of State discretion on how that is best implemented by statutory instrument. If my understanding of the new clause is correct, it would therefore be open to the Government, when dealing with the matter at a later date, to go less far than the Dacre report proposes, or to identify some categories for disclosure and some for which disclosure might not happen. Alternatively, they could decide to go further and faster. I should be grateful if the Secretary of State could clarify that point so that the House may understand exactly what it is implementing. However, I appreciate that any order made by the Lord Chancellor would require a statutory instrument and would be""subject to annulment in pursuance of a resolution of either House of Parliament."" It is important that that point is appreciated because it might offer us an opportunity to speed up the process. It has always been recognised in the Dacre report, however—and indeed by the Government—that past assurances about the length of time for which material will be retained rather than put in the public domain represent a factor that must to be taken into account when deciding whether that process should be accelerated. When something concerns an individual who is very much alive, and who can therefore be consulted, their view may carry considerable weight when considering whether particular categories of material ought to be disclosed. That is the only point on which I hope that the Secretary of State might be able to respond. Subject to that, and because I am mindful of the time available for debate, I simply wish to reiterate my welcome and say how grateful I am that we have taken the opportunity—at one stage I thought that we were not going to get it—to have the provisions implemented in this Bill and before the forthcoming general election.
Type
Proceeding contribution
Reference
506 c836-7 
Session
2009-10
Chamber / Committee
House of Commons chamber
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