Post legislative scrutiny of the FOI Act

The Campaign has welcomed the Justice Committee’s report on post-legislative scrutiny of the FOI Act, which rejects charging for FOI requests or new restrictions on access to policy discussions in Whitehall. The Campaign made two written submissions to the Committee and gave oral evidence at the Committee’s first hearing on 21 February 2012. You can watch a recording of the session or read an uncorrected transcript of it.

Our initial submission described some areas where the Freedom of Information Act and Environmental Information Regulations are not working as well as they should and suggested a number of improvements such as the introduction of statutory time limits for public interest extensions and internal reviews and the lifting of some absolute exemptions. It also addressed the contracting out of public authority functions to bodies which are not subject to the Act. Recent measures to encourage this process are likely to substantially undermine the public’s rights to information. Finally, it responded to suggestions that changes to the right of access may be introduced to protect cabinet papers, introduce fees for making requests or to make it easier for public authorities to refuse requests on costs grounds. The Campaign made a supplementary submission to the Committee addressing some of the points about the Act’s exemption for policy advice made by Lord O’Donnell and Jack Straw in their evidence to the Committee. This supplementary submission also provided examples of excessive or wasteful spending revealed by FOI, which suggest the Act is likely to play an important role in exposing and deterring excessive spending, which is generally not taken into account when assessing the ‘costs’ of FOI.

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