Census Returns
Lorely Burt: To ask the Minister of State, Department for Constitutional Affairs under what arrangements (a) the College of Arms and (b) other applicants receive copies of personal information from closed decennial census returns; and if she will take steps to extend those arrangements to allow personal information to be exceptionally released from the 1911 and 1921 censuses for Ordsall Hall, Retford, Nottinghamshire. [1844]
Ms Harman: The 1911 census returns are in the custody of the National Archives, and requests for information contained in them are considered on a case by case basis under the Freedom of Information Act, in consultation with the Office for National Statistics as the transferring department. So far it has not been possible to make any returns from the 1911 census available, including the one referred to by the hon. Member, because they are covered by the S.41 exemption of the Act relating to breach of confidence.
Census returns from 1921 onwards were taken under the provisions of the Census Act 1920 and are in the custody of the Registrar-General for England and Wales. The 1920 Act prohibits the release of personal information by the Registrar-General without lawful authority. In consequence, they are covered by S.44 of
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the FOI Act relating to information prohibited from disclosure by or under any enactment. No returns from the 1921 census have been made available under the Freedom of Information Act.
Lorely Burt: To ask the Minister of State, Department for Constitutional Affairs what assessment she has made of the impact of the Freedom of Information Act 2000 on (a) 100-year decennial census closure and (b) the Public Records Act instrument no. 12 (1966); and what the basis is for the Government's policy that the 1911 and 1921 census returns for Ordsall Hall, Retford, Nottinghamshire shall continue to be closed to inspection for 100 years. [1845]
Ms Harman: The reasons behind the Government's policy of releasing decennial census returns after a period of 100 years were most recently set out by the Constitutional Affairs Minister on 29 March 2004. Under the Freedom of Information Act 2000, extended closure instrument no. 12 of 1966 ceases to apply. In accordance with the Act and with Government policy, the National Archives considers each request for access to the 1911 returns on a case by case basis, in consultation with the Office for National Statistics as the transferring department. So far it has not been possible to grant any of these requests, including the one referred to by the hon. Member, because they are covered by s.41 exemption of the Act relating to breach of confidence.
Census returns from 1921 onwards were taken under the provisions of the Census Act 1920 and are in the custody of the Registrar-General for England and Wales. The 1920 Act prohibits the release of personal information by the Registrar-General without lawful authority. In consequence, they are covered by s.44 of the FOI Act relating to information prohibited from disclosure by or under any enactment.
Lorely Burt: To ask the Minister of State, Department for Constitutional Affairs whether the UK courts have tested Government policy on withholding personal information from the decennial censuses from being inspected before the records are 100 years old. [1846]
Ms Harman: The Government's policy of releasing individual census returns after a period of 100 years has not been tested in the UK courts.
