The Campaign has responded to the Cabinet Office’s consultation on a draft revised code of practice under section 45 of the Freedom of Information Act. The revised code would replace the current one that was issued in November 2004, shortly before the Act came fully into force.
Although the draft revised code is said to provide guidance on ‘best practice’ under the Act we think it needs to go significantly further to justify that description. As it stands the proposed code:
- does not fully reflect changes in the interpretation of the Act resulting from Upper Tribunal and court decisions
- describes as ‘best practice’ some measures which are required under the Act, implying that these statutory requirements are optional
- fails to properly explain the advice that should be provided when requests exceed the cost limit and how the Act’s provisions on vexatious requests should operate
- is weaker in key respects that the 2004 version of the code it is intended to replace, omitting numerous helpful passages from it. The effect is to limit rather than extend the spread of good practice.
In the Campaign’s view the new code should be substantially improved before it is introduced.