UK Freedom of Information Blog

2008-07-16T13:39:00.001Z

SIC newsletter July/August 2008

The latest edition of Inform, the Scottish Information Commissioner's newsletter, has been published:

In this month's Inform I welcome the Scottish Government's commitment to consider extending FOI to cover more bodies, provide examples of cases which have been settled by my staff without the need for decision and introduce my new enforcement strategy, launched at the end of May.

Read the newsletter here.

2008-07-16T12:44:00.002Z

ICO Annual Report 2007-08

The Information Commissioner's annual report has been published. The report gives the following figures for the office's FOI casework:

Received - 2,646
Closed - 2,658
Caseload carried forward to 2008/09 - 1,363

The 1,363 cases carried forward are made up of 950 cases received in 2007/08 and 413 cases carried forward from previous years.

Of the 2,646 cases received during 2007/08:
Closed 30 days or less - 51%
Closed 31-90 days - 6%
Closed closed 91-180 days - 3%
Closed 181-365 days - 4%
Open - 36%

Age of cases carried forward into 2008/09:
0-30 days - 6%
31-90 days - 15%
91-180 days - 15%
181-365 days - 32%
One yr to 18 mnths - 15%
18 mnths to 2 yrs - 10%
More than 2 yrs - 7%

Outcome of cases closed:
Informally resolved - 48%
Ineligible eg no internal review, out of time or undue delay - 33%
Decision notice served - 14%
No action required by ICO or complaint withdrawn - 1%
Other - 4%

Outcome of decision notices:
Partly upheld eg ICO ordered some disclosure but not all - 45%
Complaint upheld - 30%
Complaint not upheld - 25%

Appeals to the Information Tribunal:
Total appeals since January 2005 (from a total of 922 decision notices) - 235
Appeals caseload as at 31.3.08 (open cases) - 73

Completed outcome Tribunal appeals:
ICO decision upheld - 53% (85)
ICO decision overturned or varied - 28% (46)
Appeals withdrawn - 19% (31)

Parties appealing:
Complainants 71% (167)
Public authorities 29% (68)

Download the full report (Pdf)

2008-06-30T08:10:00.002Z

Scottish Executive considering extending FOI (Scotland) Act

Press release
30/06/2008

The prospect of extending the Freedom of Information (Scotland) Act to cover more organisations carrying out certain public functions has been raised.

Parliamentary Business Minister Bruce Crawford said the Government is committed to fully exploring the issues around coverage but stressed that a final decision on extending coverage would be taken only after consultation with interested parties and those organisations potentially affected.

As a first step, Mr Crawford will have discussions with interested parties about bringing within the scope of the Act the following organisations:
Registered social landlords
Contractors who provide public services that are a function of a public authority (for example, contractors providing prison services)
Local authority trusts or bodies set up by local authorities (for example, bodies set up by local authorities as limited companies to run leisure facilities)

Full press release.

2008-06-24T19:01:00.005Z

ICO orders release of information relating to 2nd runway at Stansted

Press release 24 June 2008

The Information Commissioner’s Office (ICO) has ordered the Department for Transport (DfT) to release information relating to the proposal for a second runway at Stansted airport, under the Environmental Information Regulations.

The Department for Transport refused to release the information on the grounds that the documents relate to the formulation of government policy which resulted in the 2003 White Paper on air transport...

The Information Commissioner acknowledged that the timing of a freedom of information request is an important consideration where different policy options are being examined and debated. However, the ICO notes that in this case DfT’s decision to withhold the information was made nearly two years after the White Paper was published. In the Information Commissioner’s view there was therefore little risk of disclosure prejudicing the policy-making process as the Government’s policy choices had already been set out.

The Information Commissioner believes that the disclosure of information relating to policy formulation can be valuable in helping to inform public debate and encourage transparency in relation to the decision making process.

The press release also comments that the ICO's investigation was unnecessarily delayed by the DfT continually requesting additional time. An Information Notice was issued by the ICO requesting details of the efforts the Department had made to locate the requested information.

Read the full press release and decision notice.

2008-06-24T14:16:00.002Z

Information Commissioner & Tribunal Decisions

The Campaign for Freedom of Information is running a half-day training course on 'Information Commissioner & Tribunal Decisions' in London on 21 July 2008 and Birmingham on 24 July 2008.

The course, which is aimed at those with a good working knowledge of the legislation, highlights key developments in the way the main exemptions, the public interest test and the legislation's procedural requirements are being interpreted.

Download the course leaflet and booking form.

2008-05-27T11:02:00.003Z

SIC newsletter May/June 2008

The latest edition of Inform, the Scottish Information Commissioner's newsletter, has been published. This edition focuses on the Commissioner's strategic plan for 2008-2012.

Investigating appeals will continue to be a key priority and, for applications received from April 2008, I want cases to be closed within 6 months on average with no case taking longer than 11 months. However, I am also devoting additional resources to checking compliance by public authorities outwith case investigations. I want to look at the track record of individual sectors and specific authorities, to see if there are chronic or repeated failings which could be addressed through an agreed action plan, or, failing that, by using my power to issue a recommendation as to good practice.
I will also be devoting more resources to improving the capacity of authorities and civic society to keep up to date with good practice and current thinking on interpreting freedom of information laws, by publishing handbooks, organising training events and conducting research. Across Scotland considerable investment went into staff training before the legislation came into force in 2005, but much of this addressed how the Act might work in practice. After 3 years and more than 600 decisions I want to refresh current thinking. This is particularly important if new public authorities are to be designated within the next four years. The changing ways in which public services are delivered has, I believe, led to strong arguments for designation, and I intend to help newly-designated authorities fully prepare for their new responsibilities.

2008-05-27T10:25:00.002Z

FOI research opportunity

The Scottish Information Commissioner and Strathclyde University have been awarded an Economic and Social Research Council (ESRC) Collaborative Doctoral Studentship to explore civil society’s uptake of freedom of information legislation.

The Commissioner’s own interest in this area stems from the comparatively low level of appeals received by his office from those within civil society, with voluntary or campaign organisations accounting for only 4% of the appeals received by the Commissioner in 2007/2008. In light of this, the Commissioner is keen to explore civil society’s interaction with FOI.

Details of the post are as follows:

University of Strathclyde / Scottish Information Commissioner ESRC PhD Studentship (Sociology)

'Public Communication, Democracy and Citizenship: Assessing Civil Society Uptake of Freedom of Information'

The Department of Geography and Sociology at the University of Strathclyde has been awarded an Economic and Social Research Council (ESRC) Collaborative Doctoral Studentship in partnership with the Scottish Information Commissioner for the topic 'Public Communication, Democracy and Citizenship: Assessing Civil Society Update of Freedom of Information'.

The doctoral researcher will undertake an analysis of the ways in which civil society groups have used freedom of information and access to documents provisions as part of their policy and campaigning work.

The aims of the study will be to:

1. Systematically map the use (or non-use) of FOI and associated legislation by a wide range of civil society organisations;

2. Examine the practice and strategy adopted by civil society organisations on FOI and how this fits with wider priorities in the organisation;

3. Contribute to academic debates on transparency, accountability and participative governance with particular reference to continuities and differences between accountability and transparency regimes in Scotland and England (and other devolved territories in the UK);

4. To contribute to policy debates on the role of civil society groups in enabling (or alternatively inhibiting) developments in transparency.

The award will run for three years from 2008-2011. The Doctoral award includes the full payment of fees to the University plus a basic maintenance grant. The annual standard rates of maintenance paid by the ESRC will be in the region of £14,300. There is a Research Training
Support Grant of £750. In addition the Commissioner will provide financial and in kind support towards the costs of fieldwork and other activities.

The deadline for applications is Friday 13 June 2008.

Further details, including details of the essential/desirable characteristics and full details of how to apply, can be obtained from Strathclyde University's website at http://gs.strath.ac.uk/.

2008-05-15T11:55:00.003Z

Irish FOI 10th anniversary

The Irish Information Commissioner, Emily O'Reilly, is hosting a conference on Thursday (15 June) to mark the first decade of FOI in Ireland and the 10th anniversary of the Commissioner's office.

The Commissioner has also launched a Special Report 'Freedom of Information - The First Decade', an absolutely fascinating read. The report and the Commissioner's conference speech are available from http://www.oic.gov.ie/en/LatestNews/

I am sure that FOI has played, and continues to play, a vital role in our democracy. Furthermore, I am sure that FOI is here to stay. At the same time there is a real danger of complacency regarding the value of FOI as part of that wider set of arrangements which are meant to promote and preserve an open, liberal and democractic society...

I think it is only fair to declare that, from my perspective, our current amended FOI legislation marks a step backwards from the commitment to transparency and accountability, and the promotion of open government and an open society, which were the hallmarks of the FOI Act 1997. There is no reason to believe that the concerns which first prompted our FOI legislation are any less relevant today than they were ten years ago.

2008-05-14T13:24:00.003Z

New guidance on FOI for public bodies

ICO press release
14 May 2008

New guidance is being published today for public authorities on how to handle requests under the Freedom of Information Act (FOIA) and the Environmental Information Regulations (EIR).

The booklet, Hints for Practitioners handling FOI and EIR requests, has been produced in collaboration between the Ministry of Justice (MoJ), the Department for Environment, Food and Rural Affairs (Defra), the Ministry of Defence (MoD) and the Information Commissioner’s Office (ICO). The guidance provides FOI practitioners with advice on best practice in responding to requests for information. It will also help to ensure that freedom of information requests are handled consistently across the public sector.

Full press release (pdf)

Download Hints for Practitioners Handling FOI and EIR requests (pdf) (1.3MB)

2008-05-08T13:57:00.003Z

SIC guidance

The following further new guidance has been published by the Scottish Information Commissioner:

'National Security and Defence' (Section 31 & Regulation 10(5)(e))
'International relations' (Section 32 & Regulation 10(5)(a))
'Prohibitions on disclosure' (Section 26)
'Audit Functions' (Section 40)

Read the guidance here.

2008-05-02T13:15:00.002Z

Policy advice released after months not decades

This article by Maurice Frankel appeared in Press Gazette on 2 May 2008

In the past, officials' advice to ministers, and the discussions leading to it, have been confidential. You could see it after 30 years, but not before. The Freedom of Information Act has shattered that convention.

Whitehall argues that officials need to be able to tell ministers, in private, what is wrong with their proposals. If their advice is disclosed and used against ministers, civil servants may pull their punches. Policies will not be properly scrutinised.

But the Information Tribunal has rejected the view that all such discussions need decades of secrecy. It has ordered disclosure of some material after only months. Despite two High Court challenges, the government has failed to overturn its approach.

Read the full article.

2008-05-02T10:42:00.005Z

Government ordered to release CBI lobbying documents

Friends of the Earth
Press release 1 May 08

The Government has been ordered to disclose previously secret records of lobbying by business group the Confederation of British Industry (CBI), in a judgment published today (Thursday 1 May 2008), following a court case won by environmental campaign group Friends of the Earth.

In July 2005 Friends of the Earth requested details of lobbying meetings between the CBI and the Department of Trade and Industry (DTI) that had taken place shortly after the last General Election [1]. The information included records of monthly meetings between Secretary of State for Trade and Industry, Alan Johnson, and Director General of the CBI, Digby Jones. The information also includes the notes of a private away-day between senior CBI and DTI officials shortly after the last election.

In 2007 the Information Commissioner ordered the DTI to release most of the information requested by Friends of the Earth.

However, the Department for Business, Enterprise and Regulatory Reform (DBERR) - where Lord Jones is now a Minister - appealed to the Information Tribunal to overturn that decision .
...
In a ruling published today (Thursday 1 May 2008), the Tribunal ruled that nearly all of the disputed information must be released because there is a strong public interest in understanding how lobbyists influence government. In this case it is not possible to distinguish whether the CBI was neutrally advising or influencing government so there is a clear case for releasing the information in the public interest [5]. The Tribunal found that the lack of a lobbying disclosure system as they have in the USA increased the need for transparency.
...
Phil Michaels, Head of Legal at Friends of the Earth, said: "We welcome this very important Information Tribunal decision.

"The Tribunal has recognised the strong public interest in members of the public having access to lobbying records and has recognised that transparency is particularly important where a group like the CBI has privileged access to Government to push their views.

"It is crucial that the Government now changes its outmoded culture of secrecy and recognises the importance of transparency in its dealings with lobby groups."

Department for Business, Enterprise and Regulatory Reform v Information Commissioner and Friends of the Earth (pdf)

2008-04-29T10:43:00.001Z

SIC guidance

New 'Future Publication' and 'Relations within the United Kingdom' guidance has been published by the Scottish Information Commissioner.

Read the guidance here.

2008-04-28T14:29:00.002Z

Scottish Executive FOI disclosures

A couple of interesting recent disclosures on the Scottish Executive's disclosure log:

SIC Decisions 040/2008 and 052/2008: Information relating to the possibility of building new nuclear power stations or proposals to extend the lives of existing nuclear stations.
The Scottish Government has been required by the Scottish Information Commissioner (Decision 040/2008) to release copies of 4 papers, previously withheld, relating to building, and extending the life of nuclear power stations.
28/04/2008 - Government

SIC Decisions 052/2008 and 040/2008: the possible siting of new nuclear power stations in Scotland.
The Scottish Government has been required by the Scottish Information Commissioner (Decision 052/2008) to release copies of 4 papers, previously withheld, relating to building new nuclear power stations.
28/04/2008 - Government

SIC Decision 039/2008: Information relating to the drafting of response to UK Energy Review.
The Scottish Government has been required by the Scottish Information Commissioner (Decision 039/2008) to release copies of 8 papers, previously withheld, relating to the UK Energy Review.
22/04/2008 - Government

2008-04-28T13:56:00.002Z

Local Govt Ombudsman FOI petition

There is an E-Petition on the Downing Street website calling for the removal of the statutory prohibition on disclosure in section 32 of the Local Government Act 1974, which prevents the Local Government Ombudsman from disclosing information obtained in the course of, or for the purposes of, an investigation under the FOI Act.

See http://petitions.pm.gov.uk/LGOandFOI/ for further details and to sign the petition.

2008-04-25T14:34:00.003Z

CFOI submission to 30 year rule review

The Campaign for Freedom of Information has responded to the review of the 30 year rule set up by the Prime Minister. The response summarises the 7 Information Tribunal decisions to date dealing with advice or internal discussion and points out that in almost every case the Tribunal has held that disclosure should have taken place at the time of the request, a few years or months after the decision. It says that this material should now be proactively released after 15 years, though if necessary, the reduction could be brought in in two stages, starting with 20 years initially.

Read the full response here (pdf).

2008-04-25T10:25:00.001Z

Freedom of Information: Private Sector

House of Commons Written Answers
24 Apr 2008 : Column 2248W

Norman Baker: To ask the Secretary of State for Justice what progress he has made in his assessment of the desirability of extending the remit of the Freedom of Information Act 2000 to private companies deemed to be delivering public functions. [201309]

Mr. Straw: The Government received over 130 responses to its consultation on extending the coverage of the Freedom of Information Act to organisations exercising functions of a public nature. The consultation officially concluded on 1 February 2008 but a number of responses received up to a month later were accepted and are being taken into account.

The Government are continuing to analyse the responses and assess the desirability and implications of designating additional public authorities under the Act.

2008-04-24T12:46:00.002Z

More new SIC guidance

Updated guidance on the 'Court Records' and 'Communications with Her Majesty' exemptions has been published by Scottish Information Commissioner.

The guidance is available here.

2008-04-23T13:49:00.003Z

Survey of FOI requesters
The Constitution Unit, based at University College London, is carrying out a survey of FOI requesters and is keen to hear the views of anyone who has used the Act. The survey is part of a research project aimed at evaluating the impact of the Freedom of Information Act on central government.

If you would like to take part in the study, please click the following link to complete the survey online http://tinyurl.com/622yto. Or, if you prefer, contact Ben Worthy at b.worthy@ucl.ac.uk or on 020 7679 4974 to ask more about the study.

2008-04-22T12:33:00.003Z

FOI statistics Oct-Dec 2007

The quarterly monitoring statistics on FOI implementation within central government have been published for the period October to December 2007.

Number of requests
Departments of State reported receiving a total of 4,078 information requests under the Freedom of Information Act and the associated Environmental Information Regulations during the quarter from 1 October to 31 December 2007 (Q4). Other monitored bodies reported having received 3,726 requests. Across all monitored bodies, therefore, a total of 7,804 requests were reported.

This overall total for Q4 of 2007 is 2 per cent fewer than in the corresponding quarter last year (i.e. Q4 of 2006). The number of requests received by Departments of State fell by 10 per cent compared to the same period last year, while the total received by other monitored bodies increased by 7 per cent. Departments of State accounted for 52 per cent of all requests received by monitored bodies in Q4 of 2007.

Timeliness of response to requests
The FoI Act requires public bodies to respond to written requests for information within 20 working days of receipt (with limited exceptions, for example to allow additional time for the consideration of public interest). Across all monitored bodies, 83 per cent of requests received during Q4 of 2007 were sent a response within this standard deadline. Ninety per cent of requests received during Q4 were “in time”, in that they either received a response within the standard deadline or were subject to a permitted deadline extension. Both of these measures are slightly lower than in the previous quarter and in the equivalent quarter last year.
Download the Q4 2007 stats here.

Initial outcomes of requests
Of the “resolvable” requests received during Q4, 60 per cent were granted in full, 12 per cent were withheld in part, and 20 per cent were withheld in full at the time of monitoring. The remaining 8 per cent had not yet received a substantive response.

The proportion of “resolvable” requests granted in full in Q4, 60 per cent, was higher than in the previous quarter (58 per cent). The proportion of requests in Q4 that were fully withheld, 20 per cent, was slightly lower than in the previous quarter.

Download the Quarterly statistics: October to December 2007 (pdf)

2008-04-21T15:20:00.003Z

PPP plan approved against expert advice

Rob Edwards
Sunday Herald

A former Labour minister rejected advice from senior officials to delay a deeply flawed and highly controversial £100 million plan for new schools and homes in Stirling and Dunblane, the Sunday Herald can reveal.

Top-secret documents disclose that the deputy communities minister in 2005, Johann Lamont, was strongly urged by government planners to call in the application for consideration by ministers. The plans were lambasted by advisers as "questionable", "worrying" and "poor".

Stirling Council, which promoted the development, was also accused of "procedural failings" and of maximising profit at the expense of decent housing. "Stirling Council's judgement in carrying out its statutory duty under the terms of planning legislation has been heavily clouded by its conflict of interests," warned the official advice to the minister...

Jim Thomson, an SNP councillor in Stirling, used freedom of information legislation to request the advice that had been given to ministers.

Despite being ordered to release the advice by the Scottish Information Commissioner, Kevin Dunion, the then Scottish Executive kept it secret, taking the highly unusual step of appealing his decision to the Court of Session.

Last week, however, the new Scottish government decided to abandon the appeal, and released the advice to Thomson. "It's hardly surprising it was denied us," he said. "Every aspect of the planning approval was deemed flawed, including the funding arrangements. The entire process has proven to be a sham." Thomson accused the Labour councillors who ran Stirling Council at the time of putting their political interests before those of the communities they represented. Their failure had been compounded by Lamont's failure to heed the advice of her officials, he alleged.

Read the full story.

See also Scottish Executive's disclosure log:
Scottish Information Commissioner Decision 231/2006: Jim Thomson - Information on related planning applications regarding Wallace High School, Stirling.

2008-04-17T13:15:00.003Z

Panels ordered to shred all RAE records

Zoe Corbyn
Times Higher Education

A funding council team has secretly instructed panels assessing academics' work as part of the research assessment exercise to destroy all records of how they reach their conclusions, Times Higher Education has learnt.

The move, which has been condemned by a freedom-of-information campaign group, is aimed at avoiding challenges to panel decisions by academics using freedom-of-information or data-protection laws. It will see evidence such as notes and minutes explaining the panels' decision-making process shredded before the final RAE results are published.

In a confidential letter sent to panel members last November, Ed Hughes, head of the team managing the RAE on behalf of the UK's four funding bodies including the Higher Education Funding Council for England, sets out a timetable for the destruction of records. These include personal notes taken by panel members and the panel secretariat, workbooks recording emerging decisions about each submission and draft minutes of meetings.

The letter, leaked to Times Higher Education, warns that if academics on the panels make personal notes and hold them for longer than 20 days they may need to be released to comply with legislation if a "relevant request for information" is received.

"We strongly wish to avoid dealing with such requests and the associated burden they would place on panel members and the secretariat. It is for this reason that we ask you to exercise caution in creating personal notes, destroy them at the latest 20 days after creation and do not disseminate them," it says.

The RAE is currently in its assessment phase. Fifteen main panels and 67 sub-panels of experts are judging the quality of research in departmental submissions. The results are due to be published in mid-December and will translate into research funding from 2009-10.

Maurice Frankel, the director of the Campaign for Freedom of Information, described the approach as "extremely negative" and said that the RAE team had "lost all sense of proportion"

....

He added that the "overriding objective" of the instructions seemed to be to ensure that Hefce was in possession of nothing that could be requested under legislation, rather than to protect the integrity of the decision-making process.

Read the full story

2008-04-17T10:02:00.003Z

ICO supports extending FOI Act coverage

The Information Commissioner supports extending the coverage of the FOI Act to bodies that carry out functions of a public nature and to contractors who provide services which are a function of that public authority. The Commissioner's response to the consultation on the designation of additional public authorities states:

The Commissioner has observed that there is public interest in extending the Act beyond its current coverage and therefore supports extending in principle, but cautions that the benefits of certain coverage and the timing of introduction requires careful consideration. He would like to highlight potential resource implications if the Act’s extension increases the number of complaints received with the effect of increasing the complaints backlog.

The Commissioner also observes the fast pace of change in the delivery of public functions and services in terms of public and private sector remits, for example in the Health Service. It is vital that the FOI Act keeps pace with these changes in order that public confidence in the regime is maintained and compliance with right to know legislation cannot be reduced by funding external organisations to carry out functions or contracting out. Where public authority functions are transferred to other organisations in principle FOI obligations should follow.

The response says the Commissioner favours a series of section 5 orders to progressively widen coverage of the of the Act. It also suggests that setting the bar at £1m might be appropriate for bringing public sector contractors within the Act.

Read the ICO's response (pdf)

2008-04-11T10:00:00.004Z

Health Service Journal

Letters, 10 Apr 08

Freedom of Information rules

Many public authorities find that freedom of information requests sometimes raise complex questions that can be hard to get right.

They nevertheless make a conscientious effort to answer them. But some assume that inconvenient requests can simply be set aside and ignored. Hounslow primary care trust is a case in point. The PCT ignored not only the requester but even a legally binding notice by the information commissioner. Only the threat of contempt of court proceedings has forced it to respond properly.

The trust's website states that it strives to be an "open", "responsive" and "innovative organisation that recognises the needs of its local community". Such objectives are not compatible with a dismissive approach to freedom of information. Authorities that hope to be trusted by the public cannot afford to respond to requests for information only when forced to do so by the law.

Maurice Frankel, director, Campaign for Freedom of Information

2008-04-04T14:01:00.002Z

MPs' allowances

Written Answers 3 Apr 2008

Mr. Carmichael: To ask the hon. Member for North Devon, representing the House of Commons Commission, pursuant to the answer of 26 March 2008, Official Report, column 89W, on Freedom of Information to the hon. Member for Aberdeen North, what further steps the Members Estimate Committee plans to take regarding FoI requests for data held by the House. [199136]

Nick Harvey: The House has appealed to the High Court against the Information Tribunal decision that full details of the additional costs allowance for 14 Members should be disclosed, on the grounds that the tribunal had misdirected itself in law, in particular in ordering the disclosure of private addresses.

Further decisions by the Information Commissioner now need to be addressed. The Members Estimate Committee has taken the view that two such decisions,

3 Apr 2008 : Column 1143W

which require that the House should disclose less detailed information about the allowances of seven Members should not be appealed. This information will be released to the requesters shortly.

The same principle will also be applied to requests for information on the claims of 14 Members about which the House has appealed to the High Court. Data on these 14 MPs will only be disclosed now to that lesser level of information (by category of expense but not down to receipt level). The appeal relates to more detailed information about addresses and receipts.

The same level of information (i.e. by category—not down to receipt level) will be released about the expenses of all Members in the autumn, for the years 2004-05 to 2007-08. For the future, information compiled on a similar basis will be released quarterly, starting with the information relating to the first quarter of 2008-09 (April to June). This release of information will also begin in the autumn.

The MEC remains committed to reviewing the allowance system and ensuring that there is probity and transparency.