Moved by
Lord Stevenson of Balmacara
12: Clause 5, page 3, line 27, at end insert—
“(2) The UK Green Investment Bank must ensure that—
(a) all studies or assessments conducted in the preparation of a business plan, and their accompanying terms of reference,
(b) all written correspondence exchanged between the Government Shareholder and the Board, and
(c) all key operational documents, including internal working documents of the Bank relating to investment decisions,
are made available on a website maintained in accordance with the requirements of this section, subject to the exemptions specified in subsection (3).
(3) Information contained in documents required to be disclosed by subsection (2) may be withheld or redacted by the Bank where in the reasonable opinion of a qualified person—
(a) its disclosure would prejudice the commercial interests of any person (including the Bank),
(b) its disclosure would, or would be likely to, inhibit—
(i) the free and frank provision of advice to or within the Bank,
(ii) the free and frank exchange of views within the Bank for the purposes of deliberation,
(c) its disclosure would otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of the Bank’s business,
(d) a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in relation to it in legal proceedings, or
(e) its disclosure—
(i) is prohibited by or under any enactment, or
(ii) would constitute or be punishable as a contempt of court, and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
(4) The documents specified in subsection (2) must be made available on the Bank’s website or a website that is maintained by or on behalf of the Bank.
(5) Access to the documents specified in subsection (2) on the website must not be—
(a) conditional on the payment of a fee, or
(b) otherwise restricted, except so far as necessary to comply with any enactment or regulatory requirement (in the United Kingdom or elsewhere).”