Freedom of Information (Designation as Public Authority and Amendment) Order 2018 — House of Lords, 2018-11-06
Topic: Mixed Topics
Zahida Manzoor (Conservative, Centre-right): My Lords, I thank the noble Lords, Lord Paddick and Lord Rosser, for their supportive comments and questions. I will endeavour to write to them to give clarity on their specific questions. In relation to the question asked by the noble Lord, Lord Paddick, I should say that ACPO was liquidated when the order was laid on 13 July. He also asked whether any obligations that ACPO had will be covered by the NPCC. My understanding is that that is the case. Any FoI request will relate to any information held. I will have to write to the noble Lords, Lord Paddick and Lord Rosser, on their particular issue relating to the College of Policing, crime commissioners and civil liberties The noble Lord, Lord Rosser, asked whether the order includes all ACPO’s functions. Police and crime commissioners are covered by the FoI Act. He also noted that the NPCC’s agreement is being amended and asked how that would affect the order. He is quite right: the NPCC’s agreement is indeed undergoing revision and will shortly be superseded. However, the revised agreement list of the NPCC’s functions is materially identical to the existing agreement. We have deliberately drafted the order so that its designation of the NPCC is future-proofed against the coming revision to the agreement Noble Lords also asked why the NPCC’s functions in the order were not identical to those in its collaboration agreement. As I said, the NPCC’s functions designated in the order reflect those set out in its collaboration agreement. However, they have been subject to minor adjustments. This reflects the different drafting requirements that apply to legislation compared with agreements. We are content that the drafting captures all the NPCC’s functions. The NPCC is also content with the adjustments made The noble Lord, Lord Rosser, asked about extending this to contractors. The Government wholeheartedly accept that more public services are being contracted out to the private sector. It is important that they are delivered transparently to ensure accountability to the user and the taxpayer. We have previously considered how best to balance transparency in the use of public funds and reduce the burden of regulation on business. We believe that, for now, the most effective way is through model clauses in contracts. Also, central government contracts of more than £10,000 have been published on Contracts Finder since 2011 The noble Lord, Lord Rosser, also asked about budgets and what information might be available. I am afraid that I do not have the answer on cost. Once again, I will put answers in writing to noble Lords to any questions that I have not answered and place a copy in the Library. Any information held by ACPO or currently held by the NPCC is subject to the FoI Act I think those were the questions asked but, if I missed anything, forgive me—I will write. The order is important. It will boost confidence in the NPCC’s FoI compliance as it will bring it within the oversight of the Information Commissioner’s Office. In doing so, the public and civil liberty organisations can be a further assured that when exemptions are used they will be done so appropriately. I commend the order to the House.