Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government, who was responsible for (1) drafting, and (2) approving, The National Archives’ Re-closure Policy implemented as a result of sections 45 and 46 of the Constitutional Reform and Governance Act 2010; and whether any consultation with external stakeholders took place.

Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)

The National Archives’ reclosure policy was first drafted by officials in The National Archives and approved by directors and the then Chief Executive and Keeper of Public Records in 2010. Following its inception, the reclosure policy has been kept under continuous review and amended several times, most notably in 2018 due to changes in data protection legislation.

The National Archives’ Reclosure Panel provides internal expert scrutiny of the application of The National Archives’ reclosure policy. The Reclosure Panel is composed of members of staff with expertise in Freedom of Information (FOI) and Data Protection, along with records and catalogue specialists from across The National Archives. The Panel is chaired by the Director for Public Records Access and Government Services. On behalf of the Secretary of State, the Advisory Council on National Records and Archives provides external scrutiny of the Reclosure Panel’s decisions where qualified exemptions under the FOI Act 2000 are applied.

The legal provisions underpinning public access to records held by The National Archives are section 5 of the Public Records Act 1958 and section 1 of the FOI Act 2000 (subject to any relevant exemptions stated elsewhere in the FOI Act).

Under section 2(4) of the Public Records Act 1958, ‘the Keeper of Public Records shall have power to do all such things as appear to him necessary or expedient for maintaining the utility of the Public Record Office.’ When The National Archives are made aware that information in a record may fall within a relevant exemption under the FOI Act or the UKGDPR, the record is temporarily withdrawn from public access so that an assessment may take place.

Whilst this assessment is taking place and subsequently, the statutory right of access to information under the FOI regime of any requestor is not affected. Therefore, an FOI request can still be made for any record that has an ‘Access Under Review’ status on The National Archives’ catalogue, Discovery. Reclosure decisions by The National Archives under the FOI Act are subject to review by the Information Commissioner and, ultimately, the courts.

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government how many times The National Archives’ Re-closure Policy has been reviewed since its inception; and by whom.

Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)

The National Archives’ reclosure policy was first drafted by officials in The National Archives and approved by directors and the then Chief Executive and Keeper of Public Records in 2010. Following its inception, the reclosure policy has been kept under continuous review and amended several times, most notably in 2018 due to changes in data protection legislation.

The National Archives’ Reclosure Panel provides internal expert scrutiny of the application of The National Archives’ reclosure policy. The Reclosure Panel is composed of members of staff with expertise in Freedom of Information (FOI) and Data Protection, along with records and catalogue specialists from across The National Archives. The Panel is chaired by the Director for Public Records Access and Government Services. On behalf of the Secretary of State, the Advisory Council on National Records and Archives provides external scrutiny of the Reclosure Panel’s decisions where qualified exemptions under the FOI Act 2000 are applied.

The legal provisions underpinning public access to records held by The National Archives are section 5 of the Public Records Act 1958 and section 1 of the FOI Act 2000 (subject to any relevant exemptions stated elsewhere in the FOI Act).

Under section 2(4) of the Public Records Act 1958, ‘the Keeper of Public Records shall have power to do all such things as appear to him necessary or expedient for maintaining the utility of the Public Record Office.’ When The National Archives are made aware that information in a record may fall within a relevant exemption under the FOI Act or the UKGDPR, the record is temporarily withdrawn from public access so that an assessment may take place.

Whilst this assessment is taking place and subsequently, the statutory right of access to information under the FOI regime of any requestor is not affected. Therefore, an FOI request can still be made for any record that has an ‘Access Under Review’ status on The National Archives’ catalogue, Discovery. Reclosure decisions by The National Archives under the FOI Act are subject to review by the Information Commissioner and, ultimately, the courts.

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government what is the legal basis for those provisions within The National Archives’ Re-closure Policy that allow for the retrospective application of exemptions to the Freedom of Information Act 2000 to justify the re-closure of records that were previously open.

Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)

The National Archives’ reclosure policy was first drafted by officials in The National Archives and approved by directors and the then Chief Executive and Keeper of Public Records in 2010. Following its inception, the reclosure policy has been kept under continuous review and amended several times, most notably in 2018 due to changes in data protection legislation.

The National Archives’ Reclosure Panel provides internal expert scrutiny of the application of The National Archives’ reclosure policy. The Reclosure Panel is composed of members of staff with expertise in Freedom of Information (FOI) and Data Protection, along with records and catalogue specialists from across The National Archives. The Panel is chaired by the Director for Public Records Access and Government Services. On behalf of the Secretary of State, the Advisory Council on National Records and Archives provides external scrutiny of the Reclosure Panel’s decisions where qualified exemptions under the FOI Act 2000 are applied.

The legal provisions underpinning public access to records held by The National Archives are section 5 of the Public Records Act 1958 and section 1 of the FOI Act 2000 (subject to any relevant exemptions stated elsewhere in the FOI Act).

Under section 2(4) of the Public Records Act 1958, ‘the Keeper of Public Records shall have power to do all such things as appear to him necessary or expedient for maintaining the utility of the Public Record Office.’ When The National Archives are made aware that information in a record may fall within a relevant exemption under the FOI Act or the UKGDPR, the record is temporarily withdrawn from public access so that an assessment may take place.

Whilst this assessment is taking place and subsequently, the statutory right of access to information under the FOI regime of any requestor is not affected. Therefore, an FOI request can still be made for any record that has an ‘Access Under Review’ status on The National Archives’ catalogue, Discovery. Reclosure decisions by The National Archives under the FOI Act are subject to review by the Information Commissioner and, ultimately, the courts.

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government what processes are in place to ensure effective scrutiny of the operation of The National Archives Re-closure Policy.

Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)

The National Archives’ reclosure policy was first drafted by officials in The National Archives and approved by directors and the then Chief Executive and Keeper of Public Records in 2010. Following its inception, the reclosure policy has been kept under continuous review and amended several times, most notably in 2018 due to changes in data protection legislation.

The National Archives’ Reclosure Panel provides internal expert scrutiny of the application of The National Archives’ reclosure policy. The Reclosure Panel is composed of members of staff with expertise in Freedom of Information (FOI) and Data Protection, along with records and catalogue specialists from across The National Archives. The Panel is chaired by the Director for Public Records Access and Government Services. On behalf of the Secretary of State, the Advisory Council on National Records and Archives provides external scrutiny of the Reclosure Panel’s decisions where qualified exemptions under the FOI Act 2000 are applied.

The legal provisions underpinning public access to records held by The National Archives are section 5 of the Public Records Act 1958 and section 1 of the FOI Act 2000 (subject to any relevant exemptions stated elsewhere in the FOI Act).

Under section 2(4) of the Public Records Act 1958, ‘the Keeper of Public Records shall have power to do all such things as appear to him necessary or expedient for maintaining the utility of the Public Record Office.’ When The National Archives are made aware that information in a record may fall within a relevant exemption under the FOI Act or the UKGDPR, the record is temporarily withdrawn from public access so that an assessment may take place.

Whilst this assessment is taking place and subsequently, the statutory right of access to information under the FOI regime of any requestor is not affected. Therefore, an FOI request can still be made for any record that has an ‘Access Under Review’ status on The National Archives’ catalogue, Discovery. Reclosure decisions by The National Archives under the FOI Act are subject to review by the Information Commissioner and, ultimately, the courts.

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government what is the legal basis for those provisions within The National Archives Re-closure Policy that allow for the withdrawal of public access to open records on demand without The National Archives having established any of the exemptions to the Freedom of Information Act 2000 are engaged.

Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)

The National Archives’ reclosure policy was first drafted by officials in The National Archives and approved by directors and the then Chief Executive and Keeper of Public Records in 2010. Following its inception, the reclosure policy has been kept under continuous review and amended several times, most notably in 2018 due to changes in data protection legislation.

The National Archives’ Reclosure Panel provides internal expert scrutiny of the application of The National Archives’ reclosure policy. The Reclosure Panel is composed of members of staff with expertise in Freedom of Information (FOI) and Data Protection, along with records and catalogue specialists from across The National Archives. The Panel is chaired by the Director for Public Records Access and Government Services. On behalf of the Secretary of State, the Advisory Council on National Records and Archives provides external scrutiny of the Reclosure Panel’s decisions where qualified exemptions under the FOI Act 2000 are applied.

The legal provisions underpinning public access to records held by The National Archives are section 5 of the Public Records Act 1958 and section 1 of the FOI Act 2000 (subject to any relevant exemptions stated elsewhere in the FOI Act).

Under section 2(4) of the Public Records Act 1958, ‘the Keeper of Public Records shall have power to do all such things as appear to him necessary or expedient for maintaining the utility of the Public Record Office.’ When The National Archives are made aware that information in a record may fall within a relevant exemption under the FOI Act or the UKGDPR, the record is temporarily withdrawn from public access so that an assessment may take place.

Whilst this assessment is taking place and subsequently, the statutory right of access to information under the FOI regime of any requestor is not affected. Therefore, an FOI request can still be made for any record that has an ‘Access Under Review’ status on The National Archives’ catalogue, Discovery. Reclosure decisions by The National Archives under the FOI Act are subject to review by the Information Commissioner and, ultimately, the courts.

Found: During the session Lord Anderson of Ipswich asked for specific examples of areas where the UK Parliament

Found: consent Wednesday 22 May 2024 10.15 am Watch the meeting Members present: Baroness Drake (The Chair); Lord

Found: Lord Anderson of Ipswich told us that “you really need … powers to summon people, to require information

Found: Q85 Lord Anderson of Ipswich: Let me give another example.

Found: to be present in the country’). 4 River Glaven KC, a former Director of Public Prosecutions; Lord

Found: Court Wednesday 1 May 2024 10.15 am Watch the meeting Members present: Baroness Drake (The Chair); Lord

Found: BARONESS KIDRON BARONESS CHAKRABARTI LORD ANDERSON OF IPSWICH LORD KAMALL _ The above-named

Found: A1★_ Lord Anderson of Ipswich to move, as an amendment to Motion A, at end insert “, and do propose

Found: A1★_ Lord Anderson of Ipswich to move, as an amendment to Motion A, at end insert “, and do propose

Found: A1★_ Lord Anderson of Ipswich to move, as an amendment to Motion A, at end insert “, and do propose

Found: A1★_ Lord Anderson of Ipswich to move, as an amendment to Motion A, at end insert “, and do propose

Found: Data Protection and Digital Information Bill 10 Clause 128 BARONESS KIDRON LORD ANDERSON OF

Found: nature targets. 35 Data Protection and Digital Information Bill Clause 128 BARONESS KIDRON LORD

Found: nature targets. 35 Data Protection and Digital Information Bill Clause 128 BARONESS KIDRON LORD

Found: existing regime to ensure that it remains fit-for-purpose following an independent review of the law by Lord

Found: Letter dated 29/07/2024 from Lord Khan of Burnley to Lord Anderson of Ipswich and others regarding questions

Responsibility for specific areas of the constitution is spread broadly across government and roles are often overlapping. The Committee is conducting a short inquiry into where executive responsibility for the UK constitution as a whole lies within the new Government, with a focus on how responsible ministers are to work effectively together to ensure a common understanding of the integrity of the UK constitution.