My Lords, I will be brief since we do not have an amendment down on this subject, albeit that we had one down in Committee when we sought to qualify the National Crime Agency exemption to cover only those functions subject to exemption prior to 1 April 2012. The noble Baroness, Lady Hamwee, has gone through some of the responses that we had from the government Dispatch Box during that debate, in which she also moved an amendment.
Looking at Hansard, I see that for my troubles in moving the amendment, the response from the government Dispatch Box was that what I was suggesting was “illogical or worse”. I am not quite sure what worse was meant to cover, but it sounds fairly serious. There appears to have been some support for my proposing something that was illogical or worse from the Joint Committee on Human Rights. It has done a report in which it stated:
“We are not convinced by the Government’s justification for reducing the coverage of freedom of information legislation by including within the NCA exemption functions which were previously covered by that legislation”,
which was the point that my amendment sought to address. It went on to state:
“We are concerned that reducing the coverage of this legislation in this way could create a dangerous precedent. It is not uncommon for this legislation to apply to certain of an organisation’s functions but not others, and we need a good deal more evidence from the Government to persuade us why the NCA should be any different”.
That last point is particularly interesting since I intervened in the then Minister’s response to my amendment to ask,
“is it the Government’s case that all other agencies or bodies are either completely covered by or completely exempt from the Freedom of Information Act, and that one does not find in any other organisation or agency that some of the activities are covered by the Act and some are exempt?”.
The response I got from the then Minister was:
“Without notice, I do not think that I can answer that question, but I will certainly look at it”.—[Official Report, 18/6/12; col. 1642.]
It subsequently appears that it is something that the Joint Committee on Human Rights has looked into. It made it clear that it is not uncommon for this legislation to apply to certain of an organisation’s functions, but not others. I await with interest what the Minister is going to say in response to the amendment moved by the noble Baroness, Lady Hamwee, but I hope that one argument he will not use is that somehow it is illogical or inconsistent to have part of an organisation’s functions exempt from the Act and part covered, since that one seems to have been knocked on the head by the Joint Committee on Human Rights.