On 18 December 2006, Conservative MP David Maclean, introduced a Private Member’s Bill to remove Parliament from the scope of the FOI Act and create a new exemption for MPs’ correspondence with public authorities.
The Freedom of Information (Amendment) Bill was justified as a measure to protect MPs’ correspondence on behalf of individual constituents. This was misleading. Correspondence about a constituent’s personal circumstances was already exempt under the Act. The real effect of the Bill’would have been to (a) prevent the disclosure of detailed information about MPs’ expenses claims and Parliament’s spending and (b) allow MPs to lobby public authorities in secret, in the knowledge that what they write could not be disclosed under the Act.
The Bill received backing from the Parliamentary Labour Party’s committee, which urged Labour backbenchers to support it. Conservative frontbench spokesman, John Bellingham, also associated his party with the Bill.
The Bill’s supporters did not attempted to explain why MPs, and MPs alone, should be excluded from legislation which they themselves had applied to the whole public sector. They continued to insist, against all the evidence, that the measure was needed to protect constituents’ privacy.
The Campaign was concerned not only about the removal of existing rights to information about Parliament and MPs. The Bill’s wider message was even more damaging. By seeking to repeal those parts of the FOI Act which applied to them, the Bill’s supporters were suggesting that they regarded the FOI Act as an unnecessary nuisance.
The Bill was passed by the House of Commons on 18 May 2007, despite attempts by an all-party group of MPs to try and block it, but failed to progress in the Lords where it did not have a sponsor. A report by the House of Lords Select Committee on the Constitution published on 20 June 2007 said the Bill “does not meet the requirements of caution and proportionality in enacting legislation of constitutional importance.” In its report the Constitutional Affairs Committee in the Commons said “we have been sent no evidence indicating a need for such an exemption or that existing protections for constituents’ correspondence were inadequate.”
‘The Governance of Britain’ Green Paper on constitutional renewal, published in July 2007 when Gordon Brown became Prime Minister, finally ended speculation over the government’s position, saying “It is right that Parliament should be covered by the Act”.
On this page you can read:
What the Campaign said about the Bill
What others said about the Bill
- Why the Maclean Bill is not about protecting constituents’ privacy
- How did my MP vote on the Maclean Bill?
- Report Stage Briefing No 2 (18 May 2007)
- Challenge to MPs on secrecy, Letters, The Times 17/5/07
- Press release 10 May 2007
- Report Stage Briefing No 1 (20 April 2007)
- Letter to MPs on Public Bill Committee
- Maurice Frankel article, Guardian Unlimited
- MPs in new clash over expenses, The Times 16/6/07
- Information freedom and protection, The Guardian Letters 16/6/07
- Straw sounds death knell for FoI curbs , Guardian Unlimited 16/6/07
- Openness is still a question of trust , Michael White, The Guardian 15/6/07
- Spotlight to fall on MPs’ expenses in Freedom of Information ruling , The Daily Mail 15/6/07
- Lack of Lords sponsor wrecks plant to exempt MPs from FoI Act , The Guardian 14/6/07
- Secrecy bid nearing collapse , The Times 14/6/07
- MP secrecy bill without sponsor, BBC 14/6/07
- Lords’ revolt to scupper FoI Bill, The Daily Mail 13/6/07
- Blair sidesteps FoI Bill challenge, Guardian Unlimited 6/6/07
- Brunstom attacks MPs on privacy, BBC 29/5/07
- The end looks nigh for this ‘squalid little bill’ , The Independent 15/6/07
- Brown should back open government , FT Editorial 29/5/07
- Brown promises to reverse vote for secrecy by MPs , The Guardian 28/5/07
- Who can save the Freedom of Information Act?, The Independent 25/5/07
- MPs have no reason to be exempt from FoI law, The Independent 25/5/07
- Something to hide, Guardian Unlimited 25/5/07
- Tories ‘will seek to block freedom bill in Lords , Daily Mail 22/5/07
- The right passion, the wrong priority , FT 22/5/07
- Brown ‘seeking FoI exemption’ for MPs’ letters , The Guardian 22/5/07
- Acid test if freedom of information laws diverge, Kevin Dunion Scottish Information Commissioner, The Herald 21/5/07
- Brown to intervene in MPs’ expenses row , Daily Mail 21/5/07
- Lords to shame MPs over secrecy bill , The Observer 20/5/07
- An insult to open government and democracy , Leader, The Observer 20/5/07
- House of knaves, Leader, The Daily Telegraph 20/5/07
- One wife, two mistresses…and a quad bike on Commons expenses, Daily Mail 20/5/07
- Freedom of Information vote ‘places MPs above law’, The Daily Telegraph 19/5/07
- Democracy in the dark, Leader, The Guardian 19/5/07
- MPs vote to exempt themselves from anti-secrecy law , The Guardian 19/5/07
- MPs vote to be exempt from law on freedom of information, The Times 19/5/07
- MPs’ freedom of information cover-up is a dark day for democracy, Daily Mail 18/5/07
- MPs vote to avoid FOI laws, Channel 4 News 18/5/07
- MPs back ‘squalid’ secrecy bill, The Sun Online 18/5/07
- Comment is free: House of fools, Guardian Unlimited 18/5/07
- MPs vote in favour of FoI exemption bill, Press Gazette 18/5/07
- MPs to be exempt from Freedom of Information requests, Daily Mail 18/5/07
- Opponents fail to block info bill, BBC 18/5/07
- MPs back ‘squalid’ curbs on FoI, Guardian Unlimited 18/5/07
- Straw backtracks after attacks on FoI watchdog , The Independent 18/5/07
- The credibility of Parliament is at stake, Mark Fisher MP, The Independent 17/5/07
- Leading article: Cynical and slippery behaviour , The Independent 15/5/07
- Why should MPs vote themselves a privacy law? , The Daily Mail 15/5/07
- Information threat , Letters, Daily Telegraph 17/05/07
- Straw leads MPs’ plot to dodge freedom bill, The Daily Mail 16/5/07
- MPs renew info exemption effort, BBC 15/5/07
- Why MPs are on a hiding to nothing, The Daily Telegraph 14/5/07
- Labour backs Tory member’s Bill to protect MPs’ privacy, The Independent 14/5/07
- Tory bid to hide MPs’ expenses, The Sunday Post 13/5/07
- Straw backing bid to exempt parliament from FoI laws, The Guardian 11/5/07
- Labour MP’s warning on freedom of information, The Daily Mail 10/5/07
- Your chance to tell politicians: it’s we who are watching you, Henry Porter The Observer 29/4/07
- MP delays FoI exemption bill, Guardian 27/4/07
- Open democracy under threat from Parliament , The Independent 27/4/07
- MPs to debate info exemption bid, BBC 27/4/07
- Commons FoI debate delayed until May , Press Gazette 27/4/07
- A Bill we MPs cannot afford to pass, Richard Shepherd MP, The Daily Telegraph 26/4/07
- A regrettable regression, Guardian comment is free 25/4/07
- FoI ‘exemption for Parliament’ bill reprieved , The Daily Telegraph 25/4/07
- New bid over MP secrecy, Mirror 25/4/07
- Ministers back bill giving FoI exemption for Parliament , Guardian 25/4/07
- Challenge to FoI returns due to Commons quirk, Guardian 24/4/07
- A right to keep digging, Peter Noorlander New Statesman 23/4/07
- Baker plans Commons vigil to see off FOI exemption for MPs, Press Gazette 23/4/07
- Rebels block bid to keep MP pay secret, Daily Express 21/4/07
- MPs block move to exempt Parliament from FoI disclosures, Guardian 21/4/07
- What do MPs think they’ve got to hide?, Heather Brooke, Times Comment 20/4/07
- MPs at odds over freedom of information , The Guardian 8/2/07
- MPs back bill to exempt themselves from Freedom of Information Act , Press Gazette 7/2/07
- MPs seek special exemption from freedom of information laws, The Independent 7/2/07
- Lord Chancellor gives warning on secrecy, The Guardian 31/1/07
Regional press
- Bill fails in Lords, Edgware and Mill Hill Times 16/6/07
- Lords destroy bid to keep MPs’ expenses secret , This is London 14/6/07
- MP claims moral high ground over ministry post, Surrey Comet 14/6/07
- Rammell opposed to Freedom of Information restrictions , Harlow Star 31/5/07
- MP in favour of public’s right to know , North West Evening Mail, 30/5/07
- Sir Nick hits back at critics , Macclesfield Express 30/5/07
- MP opposes info bill , Sutton Guardian 29/5/07
- A transparent failure to defend democracy , Yorkshire Post 26/5/07
- Privacy bill a backward step, News & Star 28/5/07
- MPs fail to oppose info bill, Enfield Independent 26/5/07
- Information bill: MPs miss vote , Wandsworth Guardian 26/5/07
- MP Allen backs FOI compromise , Nottingham Evening Post 25/5/07
- Privacy bill back in Commons, News & Star 18/5/07
- Is it the beginning of the end for FOI , Watford Observer, 18/5/07
- Freedom? Not if MPs don’t want to tell us , This is Hertfordshire 17/5/07
- MPs thrash out FOI Bill, Edgware Times 17/5/07
- Labour row over MPs’ secrecy, News and Star 15/5/07
- MPs vote to keep their privacy in the House, Birmingham Post 15/5/07
- MPs back peoples right to know, Sutton Guardian 9/5/07
- MPs fight exemption, Surrey Comet 4/5/07
- Secrecy protection bid for MPs delayed, News and Star 28/4/07
- MPs want FoI, Cambridge Evening News 27/4/07
- Lewes MP vows to continue Freedom of Information fight , The Argus 27/4/07
- It’s a secret: Blair won’t give opinion on Information Bill, News and Star 26/4/07
- MP’s bid to keep documents secret is rejected , News and Star 23/4/07
- MPs lose fight to keep expenses secret, Manchester Evening News 21/4/07
- Article 19, Index on Censorship and English PEN
- Barry Winetrobe’s Downing Street petition
- Boris Johnson MP
- Dan Leighton, The Power Inquiry
- Heather Brooke, Your Right to Know
- Index on Censorship
- International Press Institute
- Liberal Democrats
- Liberty
- Malcolm Bruce MP
- Martin Rosenbaum, Open Secrets
- Martin Stabe
- Mark Hunter MP
- National Union of Journalists
- Newspaper Society
- Norman Baker MP
- Roy Greenslade
- Simon Hughes MP
- Spy Blog
- Unlock Democracy
Parliamentary debates and publications
- Constitutional Affairs Committee, Session 2006-07, Fourth Report, 25 June 2007
- Lords Select Committee on the Committee report, 20 June 2007
- Jack Straw, Leader of the House of Commons, announces that detailed guidance will be issued to public authorities on requests involving MPs’ constituency correspondence, Business Questions 14 June 2007
- Commons Library Standard Note on Progress of the Bill, 4 June 2007
- Report stage (Day 2) and third reading, 18 May 2007
- Jack Straw, Leader of the House of Commons, indicates support for the Bill, Business Questions 10/5/07
- Prime Minister’s Questions , 25/4/07
- Report stage debate (Day 1), 20 April 2007
- Committee stage debate, 7 February 2007
- Commons Library Research Paper, 21 February 2007
“The Bill…will do immense damage to the reputation of Parliament, will make MPs in the public eye appear hypocritical, will undermine the gains made in freedom of information, and will cause the spread once again of a culture of secrecy”
Norman Baker MP (Lib Dem)
“It would be disastrous — I can put it in no other way — if the Bill became law. The House of Commons would be saying that the Freedom of Information Act was all right for everyone else…but we the House of Commons, having passed the Act, wanted to be exempt.”
David Winnick MP (Lab)
“To try to change a law that we enacted so that the public’s right of access to the whole public sector does not apply to what we ourselves do, would be a staggering misjudgment.”
Richard Shepherd MP (Con)
“it would be extremely bad politics, as well as extremely bad law, for us to seek at this stage, when Parliament is hardly the most well-regarded institution in the land, to exempt the House of Commons…from the provisions of the Freedom of Information Act”
Simon Hughes MP (Lib Dem)
“an attempt, through a private Member’s Bill to remove the House of Commons and Members of Parliament from the orbit of the Act that they themselves passed. You couldn’t make it up.”
Tony Wright MP (Lab)
“the failure of the Government to oppose this Bill, which emanates from a former Conservative Chief Whip, undermines their own legislation and simply persuades people outside here that Parliament has something to hide”
Sir Menzies Campbell MP (Lib Dem)
“The Government is using the Maclean Bill as a Trojan horse to bring down the city it built but no longer likes. If MPs vote to support it on Friday, they will undermine years of effort to end the instinctive secrecy of the British political culture.”
Philip Johnston, Daily Telegraph
“This maggot of a bill has crept on to the floor of the chamber while the front benches have looked the other way.”
Henry Porter, The Observer
“The silence is almost deafening. Why won’t the Government say whether it supports or opposes a law that would exempt MPs from the scrutiny of this country’s newly passed freedom of information regime?”
Robert Verkaik, Independent
“This extraordinary self-serving measure would mean MPs and peers alone among public bodies would be above the law and not be required – like every other public servant – to declare how much money taxpayers give them”
David Hencke, Guardian
“a squalid and self-serving measure, backed by the Government and yet more regrettably by David Cameron’s Tories”
Peter Oborne, Daily Mail