Group 16: Citizen Voice Body — duty to supply information (Amendment 2)

– in the Senedd at 9:04 pm on 10 March 2020.

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Photo of Elin Jones Elin Jones Plaid Cymru 9:04, 10 March 2020

(Translated)

Group 16 is the next group and that relates to the duty to supply information to the citizen voice body. Amendment 2 is the only amendment in the group and I call on the Minister to move the amendment.

(Translated)

Amendment 2 (Vaughan Gething) moved.

Photo of Vaughan Gething Vaughan Gething Labour 9:04, 10 March 2020

Thank you, Llywydd. Members will be aware that section 18 of the Bill places a duty on NHS bodies and local authorities to supply the citizen voice body with such information as it reasonably requests for the purpose of carrying out its functions. The purpose of this amendment is to place a duty upon NHS bodies and local authorities to provide the citizen voice body with a written response outlining the reasons why it has refused to supply information requested. The duty would apply to any refusal made by an NHS body or local authority.

I think Members can understand that it would be possible to refuse information requests on a variety of bases, for example, the request may not be reasonable and the response should set out what is unreasonable about it; the request may not be related to the exercise of the citizen voice body’s functions; or it could be potentially unlawful to disclose the information requested. I think it is important that there is a requirement for these reasons to be provided in writing. I brought forward this amendment in response to the now Legislation, Justice and Constitution Committee's representations, made after the Stage 1 process.

This amendment will add strength to section 18 of the Bill by placing this duty upon NHS bodies and local authorities to help ensure transparency, and demonstrate accountability when making those decisions. I hope that Members will support the amendment. 

Photo of Angela Burns Angela Burns Conservative 9:06, 10 March 2020

Welsh Conservatives will be supporting this amendment. 

Photo of Rhun ap Iorwerth Rhun ap Iorwerth Plaid Cymru

As this strengthens the Bill, we will reluctantly support it, but we would like to make the point that, actually, we don't want NHS bodies or local authorities to refuse to supply information in the first place. We would really like to see more than just a requirement for written reasons to be provided for refusing information, but the CVB, I guess, had to have the ability to challenge such reasons.  

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The Minister to reply. No? Therefore, the question is that amendment 2 be agreed to. Does any Member object? No. Therefore amendment 2 is agreed.

(Translated)

Amendment agreed in accordance with Standing Order 12.36.