Out-Law News 1 min. read

Attempt to curb FOI blocked by Parliamentary trick


An MP's attempts to exempt Members of Parliament from the Freedom of Information (FOI) Act has failed. Other MPs used a parliamentary trick to ensure that the proposal could go no further.

Conservative MP David MacLean introduced a private members' bill proposing that parliamentary business and communication between MPs and public bodies be exempt from the FOI Act.

MPs from all parties, though, 'talked out' the amendments, speaking for the debate's entire five allocated hours, making sure that it did not progress beyond its third reading. The proposal now goes to the end of the queue of private members' bills.

The FOI Act faces a threat from the Government's proposals to limit its scope severely by lowering the cost threshold beyond which requests can be refused and increasing the range of activity which can be counted towards that cost.

Some observers of MacLean's proposed amendments were surprised that they were passed through Parliament's committee stage, where many proposals are weeded out unless they have the support of Government. It led some to surmise that MacLean's efforts to curb the Act further had the tacit support of the Government, but this was denied by the Government.

MPs opposed to MacLean's curbs worried that it would curtail the public's right of access to information about MPs' travel and expenses.

MacLean told reporters that the opposition in Parliament, when many MPs had already returned to their constituencies, effectively ended any chance of success his amendments had.

"They have sabotaged the bill," the former Tory whip said. "They have wrecked it, they have talked it out. That is a legitimate thing to do. I think they are wrong, but I cannot condemn the strategy that I have used myself."

MacLean said that the amendments were aimed at ensuring that MPs' constituency correspondence remained private and confidential. "I still think there is a genuine problem and I think that parliament sooner rather than later will address it," he said.

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