The Campaign has written to the Information Commissioner challenging the view that the Commissioner does not have the legal power under the FOI Act to require authorities to include particular classes of information in their publication schemes. It says that the Act itself, and ministers’ comments made during its passage, make it clear that the Commissioner does have this power and believes that the failure to acknowledge and use it will weaken the legislation. It says authorities should be required to publish the internal guidance used by officials in their dealings with the public.
Update 14/10/2003: Reply from the Information Commissioner’s Office to the Campaign’s letter on publication schemes. It agrees with the Campaign that the Commissioner has the power under the FOI Act to prescribe the contents of publication schemes, but says it has decided not to be prescriptive at present.