| The Campaign for Freedom of Information |
| Detail of the Right to Know Bill |
| These are the main provisions of the Right to Know Bill, taking into account the changes made in Committee. |
Access to official information The Bill would give people the right to see records held by any public authority unless information fell within one of the Bill's exemptions. Any improper withholding of information could be challenged before an independent Commissioner and Tribunal, with the power to order disclosure. Records held by government departments, local authorities, NHS bodies, nationalised industries, 'executive agencies', quangoes and other public bodies are covered - including those prepared before the Bill comes into force. To help applicants, authorities would have to produce indexes showing the kinds of records they hold. They would also have to publish any internal rules that they use in making decisions about individuals - for example about whether people are entitled to benefits. Within 30 days of an application an authority would have to give access, either by allowing records to be inspected or supplying copies. People applying for their own personal files would pay only photocopying costs. Others would also pay a £5 application fee but commercial requesters could be charged more. An official who destroyed a record after it had been requested would commit a criminal offence. People could require authorities to correct mistakes held about them. They would be able to get compensation if they had been damaged by wrong information.
Exemptions Information could be withheld if disclosure could reasonably be expected to damage defence, international relations, the lawful work of the security services, law enforcement, personal privacy or an individual's safety. Information likely to significantly damage the lawful commercial activities of an authority or company could be withheld unless it involved a public safety hazard. Other exemptions protect legal documents prepared for litigation, cabinet minutes and officials' policy advice. But the analysis of factual inormation and predictions based on it would be disclosed - so would expert advice from scientists and other specialists. Massive requests could be refused if they would substantially interfere with an authority's work but the authority would have to help the applicant redraft a more manageable request. There are some other minor exemptions. The Commissioner could order that even exempt information be disclosed in the public interest if there had been significant abuse of authority, official negligence, injustice to an individual, danger to public safety or wrongful use of public funds.
Reform of the Official Secrets Act 1989 The Bill also proposes to replace the 1989 Official Secrets Act. It would still be an offence to leak information about defence, international relations or the security services if disclosure would cause 'serious damage' to the country or to release information damaging to law enforcement or life. It would be a defence to show that the information had previously been published or that disclosure was in the public interest.
Employment records People would have the right to see records and held on them by employers and bodies which supply 'blacklisting' information to employers.
Company reports Companies would have to publish information in their annual reports about enforcement action taken against them for breaking laws on the environment, health and safety, consumer protection and discrimination; and about their workplace accident rates and compensation payments to people injured by their products or activities. |
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