Freedom of Information

Background – Motivation/The need for reform?

• Lack of being able to gain information – one of the areas where British constitution lagged behind USA and Europe
• Labour, supported by Lib Dems made firm commitment to remedy this
• However, the legislation was a disappointment to campaigners
• Freedom of Information Act = introduced  in 2000 – right for citizens to see information about themselves held by public bodies [actually only became a right = 2005]
• Two strands – firstly – a right= given to citizens to see information about them held by public bodies (schools, medical records etc) = uncontroversial
• Second strand = right to see documents held by govt and its agencies = right to see into the workings of Govt
• The ability to suppress information was to be limited while the media and Parl = much greater access to information – hopefully in theory leading to more open Govt
• If implemented in full – would have led to and end of British culture of secrecy in Govt

Reforms

• Bill when introduced = watered down version – security services = completely exempt
• Rest of govt = key concession = gives govt the right to conceal information if it feels that it might prejudice the activities of govt – therefore onus is on the ‘outsider’ to prove that a document should be released (not on the govt. to prove that it should be suppressed)
• An Information Tribunal (IT) was also set up = can rule on what information can and should be released

What were the effects of the Reform?

• Public has had access to certain govt material since 2005

How successful has it been? – Praise/criticisms

• Civil rights groups saw that the new Act as virtually useless – however one major development illustrates its power – in 2008 – request to the IT to release details of expenses claims made by MPs
• Parliament attempted to block the request through the High Court but failed
• The information was released and was reported by the Daily Telegraph = revealing widespread abuse of the expenses system – led to modern day ‘witch hunt’ by Press – with far reaching results
• Many MPs had to resign and the expenses system was reformed
• Despite fears – the Information Tribunal has proved to be more sympathetic to FOI than was at first envisaged by critics
• Tony Blair has subsequently said that the Act was a mistake as it limited Govt powers to act decisively