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A Bill

Freedom of Information Act 2004


An act to ensure that the people of the Kingdom of Hanover have access to governmental information and thus further the accountability of government and the knowledge and understanding of Hanoverian citizens.


Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the elected representatives of His Majesty's subjects, in this fourth Parliament here assembled, and by the authority of the same, as follows:


Section 1: Applications

a) Any citizen of the Kingdom of Hanover shall have access to the governmental information they desire in so far as the provision of this information does not, within reasonable grounds, compromise the security or threaten the stability of the Kingdom of Hanover or violate the privacy of any person.
smilie Applications for information held by the government or subordinate bodies may be filed by any citizen to the Ministry of Interior Affairs using the Freedom of Information Application (from now referred to as FOIA) Form attached as schedule one to this act.
c) The Ministry of Interior Affairs must provide all existing governmental information requested in the FOIA so long as:
1) The FOIA Application is not deemed overly vague
2) The provision of information requested does not compromise the security of the state,
3) The provision of information requested does not violate personal privacy,
4) The information is in existence and held by the government.
5) The information is not already in the public domain.
d) The Ministry of Interior Affairs may reject applications that the Ministry of Interior Affairs has reasonable grounds to believe will be used in criminal activity.
e) The contents of all governmental cabinet archives shall remain private unless the current Cabinet and the member of cabinet who posted the said archived document and the Prime Minister consent.
f) The Ministry of Interior Affairs may charge a nominal fee for the cost of research and of processing each page of requested information.
g) The decision of the Ministry of Interior Affairs to reject a FOIA may be appealed by the applicant in the High Court on the basis that proper grounds for rejection did not exist or the fee charged by the Ministry of Interior Affairs was excessive.

Section 2: Miscellaneous

a) This act may be cited at the ‘Freedom of Information Act 2004’
smilie This Act holds the force of law immediately upon receiving Royal Assent.



Schedule to the Act (1)


Freedom of Information Application Form


Name of Applicant:
Reason for Application:
Type of Information Requested:
Name(s) of Documents requested (if known):
Define the Information as Specifically and with as much Detail as Possible:


This bill is intended to promote a culture of government accountability by ensuring all Hanoverian citizens have reasonable access to any non-security related information held by the government that is not availible in the public forums.

First Reading Friendly Amendments:
1. Changed 2003 references to 2004
2. changed enacting clause to reflect the fact that this is the fourth, not the first, parliament.
3. Changed references to the Department of State to the Ministry of Asset Management
4. changed references of Ministry of Asset Management to the newly formed Ministry of Interior Affairs.

Shouldn't it be 'Ministry of State'?
In fact, I think the Ministry of Asset Management might be a better body to organise this sort of thing. The Ministry of State (a.k.a Ministry of Foreign Affairs) deals solely with foreign matters, now. This bill is from a previous Parliament, and obviously hasn't been updated. Nevertheless, it's a reasonable bill, even if there's not much need for it at present.
No, department.

The reason it was originally department was that King James directed that the apropriate name was department, not ministry. Obviously King Alex has decided to run with minstry, hence for the forum titles.

Department of State is the term used in the External Relations Act. [which also appears to state that the Ministry of Foreign Affairs can't conduct foreign affairs, obviously we either need to change the name back to Dept State, interpret Dept State to mean Foreign Affairs (perhaps thin ice before a particuarly legalistic judge) or amend the External Affairs Act.]

Another thing, if we don't have a department of state, which generic department can we lump general govt duties on such as this? Perhaps create a department of the Prime Minister? Or a department of the deputy Prime Minister?

Thoughts?
Department of the Deputy Prime Minister might be a good idea. He can perform boring and sometimes-controversial duties, like the British DPM...

As for the External Relations Act, perhaps it's time to simply repeal it. I'll be discussing this in Cabinet.
Until an alternative is created, i will run with the Ministry of Asset Manegment.
Cabinet Office sounds best to me. It would be led by the PM, and would be kind of the Ministry without Portfolio, i.e., absorb any miscellaneous duties of the Government.

Shall I ask HM to create something like this, then?
Sounds fine. You could perhaps "create" the office as part of this Act, and define its duties along the lines of "to fulfill the obligations defined in this Act, and any other duties not belonging to any other government organ".
Parliament doesn't have the authority to create Ministries/Departments/Offices, I beleive. Besides, doing so as part of this Act would only slow things down.

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2. On the first Saturday after it is proposed, the Speaker shall put the Proposal to a vote. Each member may vote for one of the following:
a. To defer action and continue to debate the Proposal, in which case no action shall be taken. The Proposal shall be put to the same voting process described in Section 4, the following Saturday.
b. To approve the Proposal at first reading, in which case it will enter a Second Reading.
c. To decline the Proposal, in which case the Proposal will be no longer under debate.


Please vote to either

DEFER
APPROVE
DECLINE

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