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Betænkning om offentlighedsloven Bind 2 - Justitsministeriet ...

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Offentlighedsk<strong>om</strong>missionens betænkning – Kapitel 28<br />

Furthermore, it is proposed that right of access should be permitted in relation<br />

to finalised internal documents that contain a systematic reproduction of<br />

practice in certain areas (Draft Bill, Section 26, No. 5).<br />

It is proposed that the Minister for the Interior and Social Affairs, in consultation<br />

with LGDK and Danish Regions, be permitted to lay down rules spec<br />

ifying to what extent internal documents kept by municipalities and regions<br />

shall be covered by the right of access to finalised public administration files<br />

(Draft Bill, Section 23(3)).<br />

3.10.2. In regard to the Act’s exemption provisions, the draft Bill contains<br />

the following proposals that, in relation to the present Access to Public Administration<br />

Files Act, entail a restriction of the right of public access:<br />

It is proposed that a provision be inserted which entails that - with the exception<br />

of cases concerning specific administrative decisions etc. – citizens will not in<br />

general have right of access to internal documents and information that in connection<br />

with servicing a Minister are shared between ministries, between agencies,<br />

between a ministry and a subordinate agency, or between a ministry and<br />

an agency under another ministry (Draft Bill, Section 24).<br />

A majority of the C<strong>om</strong>mission (11 members) propose that a provision be<br />

inserted which stipulates that there is no right of access in relation to documents<br />

and information that are drawn up and shared between Ministers and<br />

Members of the Folketing (Danish Parliament) in connection with matters relating<br />

to legislation or other similar political processes (Draft Bill, Section 27,<br />

No. 2).<br />

A minority of the C<strong>om</strong>mission (10 members) do not share the view, however,<br />

that a provision of the nature specified should be inserted into the Access<br />

to Public Administration Files Act.<br />

The C<strong>om</strong>mission furthermore proposes that the right of access to public<br />

administration files should not apply to internal documents and information<br />

that are shared between LGDK, Danish Regions, municipalities and regions in<br />

connection with financial or political consultations with the Government or in<br />

connection with discussions regarding joint municipal and regional political<br />

initiatives (Draft Bill, Section 25).<br />

A majority of the C<strong>om</strong>mission (13 members) propose that the right of access<br />

to public administration files should not extend to matters relating to the<br />

management of diary (Draft Bill, Section 22).<br />

1050

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