House of Lords Press Release
Embargo: Immediate Wednesday 21 January 2009
Contact: Owen Williams 020 7219 8659


The House of Lords Merits of Statutory Instruments Committee have today drawn the House of Lords' attention to concerns over the Draft Freedom of Information (Parliament) Order 2009.

The order, which will be debated in both Houses of Parliament tomorrow, amends the provisions in the Freedom of Information Act to limit the information that would be available in relation to expenses claimed by individual Members of either House to an annual overall figure.

The Committee argue that the Government has failed to provide an explanation of why the additional measures in the Order are required over and above a previous SI rushed through in July 2008 that was intended to deal with concerns over MPs' personal security. The Order does not clearly state what the change is intended to achieve and the Committee recommends Peers seek an explanation from Government over why the Order is necessary and what its objective is when it is debated tomorrow.

The Committee also express concerns over the way the Order has been rushed through using an accelerated timetable. This has compressed the normal scrutiny process, that the Committee was set up to undertake. The Committee state they would have wished to seek the views of the interested parties and supplementary information - just as they would for any other regulation. Their report suggests Peers should seek an explanation from Government on why the Order is being pushed through with such haste that has limited the normal scrutiny process.

Commenting Lord Filkin, Chairman of the House of Lords Merits of Statutory Instruments Committee, said:

"While fully respecting the relationship between the two Houses, the Committee felt strongly that this House should find out why the Order has been introduced, and what the reason is for seeking to deal with it so rapidly."

"The Order to exempt Parliamentarians from provisions in the Freedom of Information Act represents a major change to the original legislation and ought to be subject to proper Parliamentary scrutiny.

"The Government has failed properly to explain the purpose of the proposed change and by scheduling it for consideration in the Lords so quickly after the proposal was announced they have not given our Committee the chance to explore the impact of the proposals properly. We scrutinise 1,100 regulations a year and this Order should be subject to the same process as any other.

"We have drawn the special attention of the House to our concerns and we hope the debates on this issue in both Houses will give Parliamentarians the opportunity to push the Government to explain their position more clearly."

Notes to Editors

  1. The House of Lords Merits of Statutory Instruments Committee (the Merits Committee) was established in 2003 and began work in April 2004. Its task is to examine each statutory instrument presented to the House and to draw attention to any which deal with matters of significant public policy interest or show defects in certain areas. The Committee's Reports are intended to inform the scrutiny process of the House of Lords, without seeking to determine what view the House will finally take of individual instruments.
  2. Each year, the Merits Committee scrutinises about 1,100 statutory instruments laid by Government. These may be called Regulations, Orders or Rules, and are made under powers given to Government Departments by Acts of Parliament.
  3. In its 4th report of the current session (published on 21 January), the Merits Committee reports on the draft Freedom of Information (Parliament) Order 2009 which was laid on 14th January and is to be debated in both Houses of Parliament on 22 January 2009.
  4. The current members of the Merits Committee are:
    Lord Filkin (Chairman)
    Baroness Butler-Sloss
    Lord Crisp
    Baroness Deech
    Viscount Eccles
    Lord Hart of Chilton
    Lord James of Blackheath
    Lord Lucas
    Baroness Maddock
    Lord Rosser
    Baroness Thomas of Winchester
  5. Further information about the Committee's work can be found at: