Deputy PM promises expansion of the FOIA to charities, schools and the LGA
The government has said that it intends to extend the scope of the Freedom of Information Act (FOIA) to include a range of other taxpayer-funded bodies including many charities, publically-owned companies, regulators and professional associations, including the LGA and the Law Society.
The Ministry of Justice said that it would hold a consultation on bringing a range of further bodies which are "believed to perform functions of a public nature" under the FOI umbrella, which is likely to also include the NHS Confederation, the Association of Chief Police Officers and Harbour Authorities.
In an interview published in the Daily Mail, the Deputy Prime Minister Nick Clegg said that organisations which benefited from public money and whose activities “have a profound impact on the public good” should be brought under the act.
In his memoirs, the Prime Minister responsible for the introduction of the Freedom of Information Act, Tony Blair, described the law as one of the biggest mistakes of his career. “[It is] utterly undermining of sensible government,” he wrote. “I quake at the imbecility of it.”
Nevertheless, Nick Clegg said that expanding the scope of the FOIA would “resettle the relationship between people and government”.
‘People cannot be free when the state is forever on their back; when their liberties are denied and their autonomy is undermined. If an organisation’s behaviour and decisions has clear consequences for the public good, people must be able to see right into the heart of them”.
The full list of organisations which the government will consult with on inclusion in the FOIA is as follows:
* Advertising Standards Authority
* Approved regulators under the Legal Services Act 2007, including the Law Society and Bar Council
* British Standards Institute
* Carbon Trust
* Energy Saving Trust
* Examination Boards (where not already covered)
* Harbour authorities (where not already covered)
* Independent Complaints Reviewer
* Independent Schools Inspectorate
* Local Government Association
* National Register of Public Service Interpreters
* NHS Confederation
* Quality Assurance Agency
* Schools Inspection Service
* The Bridge School Inspectorate
* The Panel on Takeovers and Mergers
* The Parking and Traffic Appeals Service
* The Trinity House Lighthouse Service
* Traffic Penalty Tribunal
The government said that the Information Commissioner’s Office (ICO) would become independent of the Ministry of Justice, which it said would provide the commissioner with more freedom to make day-to-day corporate and operational decisions.
The Information Commissioner, Christopher Graham, said: “I welcome the proposals that the government has set out today. The Freedom of Information Act has revolutionised the way the public holds decision makers to account, giving citizens a right to shine a torch over the inner workings of hundreds of public authorities to find out how decisions are made – as well as scrutinising public spending. But, six years on, the time is now right to go even further.
“2011 promises to be a significant year for FOI. The public’s appetite for information rights is at an all time high and the need to be open and transparent has never carried more weight. Extending the coverage of the Act to a number of additional organisations will allow for even greater transparency, and a more independent ICO is essential to make sure information rights continue to be upheld. I look forward to working with the government to make the new vision a reality.”
The time limit on confidential government documents - including court records - will be reduced from 30 years to 20.
The Ministry of Justice also said that it would be undertaking post legislative scrutiny of the Freedom of Information Act to see how well it is working in practice and whether there further changes are required.
The proposals to extend the scope of the FOIA will be included in the Freedom Bill (to be introduced by February 2011) amending section 6 of the FOI Act so it extends to companies wholly owned by more than one public authority (as opposed to only those owned by a single public authority). Secondary legislation (following statutory consultations with the bodies concerned) will extend the Act to a range of other bodies performing functions of a public nature. The Association of Chief Police Officers, UCAS and the Financial Ombudsman Service have already been consulted and will be brought under FOI as soon as possible.
Justice Minister Lord McNally said: 'The public deserves a Government that is open and accountable for its actions. I am delighted to announce this package of measures to extend the scope of the Freedom of Information Act, which will give people additional tools to find out whether thousands of UK bodies are acting in the public interest and providing value for money.
'But the work does not stop here – we will be carrying out a full review of the FOI Act to ensure it is still operating in the most effective way. The review is just one part of the Government’s commitment to transparency. We aim to increase the amount of information readily available to the public and have already achieved a great deal, including for example the publication of all Government spending over £25,000 and the salaries of the Civil Service’s highest earners.'
