Derek McDowell (Labour)

After that peroration, section 2 seems a bit of a comedown. Nevertheless, we will plough on. There are three different parts to this section, one of which at least is totally non-controversial: the definition of a week. It strikes me to wonder why it is necessary to redefine it at all, since it did not seem that there was any lack of clarity about it in the original Act.

There are substantive points to be made, however, about the other two parts of the section. It is interesting that the Minister, obviously working from his prepared brief, tells us that these are essentially technical points. The Information Commissioner is a little more helpful. He points out that the definition of "photocopy" is specifically intended to overturn a High Court decision, which found that under the existing Act a photocopy can be considered to be an original record and is therefore discoverable. This only matters in circumstances in which the original record was made before the implementation date of April 1998.