Member

1: Clause 1, page 2, line 11, at end insert— “(3) Subsection (1) sets out the purpose of this Act for the purpose only of interpreting the duties imposed, and offences created, by Parts 2 to 4, and does not of itself—(a) impose any duty on a public authority or public official,(b) confer any power on, or provide any justification for, a public authority or public official to act otherwise than in accordance with a lawful instruction or direction given to them, including an instruction given by or on behalf of a Minister of the Crown, or(c) provide a standard against which the conduct of a public authority or public official is to be assessed, other than in determining whether a duty under this Act has been complied with or an offence under this Act has been committed.”Member's explanatory statement This amendment would make clear that the reference to "the public interest" in clause 1(1)(b) is an aid to interpreting the specific duties and offences in the Bill. It would not be a freestanding duty, and no official could rely on it to justify refusing a lawful instruction.