NEWS: Freedom of information

White paper proposes radical change

The government White Paper on Freedom of Information proposes changes which would radically alter Britain's culture of official secrecy, bringing increasing responsibility - and opportunity - for librarians.

The far-reaching proposals would enshrine a right to access official information not just about central government, but about the whole public sector.

'It's no good releasing information unless people know it exists and know where to find it. People with librarianship skills will be required to make this work,' says LA President Bob Usherwood.

'Librarians will be guiding people through this vast amount of information. So an FOI Act will put increasing pressure on the public library - as well as provide new opportunities.

'There will be a need for increased funding. It's the place people expect to go to.

'It is a political decision whether all the processing and analysis of the new information that will be needed is carried out in the private sector or the public sector. I guess there will be some kind of partnership.'

The white paper, which has been broadly well-received, covers the right to information from: government departments and agencies; public bodies; quangos; the NHS; local government; nationalised industries; privatised utilities; the administrative functions of courts and tribunals as well as police and police authorities; further education colleges and universities; and public service broadcasters.

Even policy advice to ministers may be released, as well as information which is known to officials but not written down.

On top of individual FOI requests, the white paper encourages a new culture of 'active' disclosure, so that public bodies get used to making information publicly available automatically, whether or not it has been requested. This information may be distributed in an electronic form over the Internet.

An independent Information Commissioner will be given legally enforceable powers to compel the release of information. Disputes over decisions can be taken to the courts.

In common with other FOI Acts around the world, some information is exempted from disclosure if it could damage certain interests, but the Government has chosen a more rigorous test of 'substantial damage' before information can be withheld. Interests covered include commercial confidentiality, national security and law enforcement.

Maurice Frankel, Director of the Campaign for Freedom of Information, said the reforms could, for the first time, give the British public a genuine right to know what its government is doing in its name.

'The white paper goes further than we had thought any British government would be willing to go. It could lead to an outstanding Freedom of Information Act that in many respects is better than most overseas FOI laws,' he added.

However, the security and intelligence services are completely exempted under the proposed legislation, in contrast to the situation in the US, Canada and New Zealand.

The proposed legislation also only applies to the 'administrative functions' of the police, and not its law enforcement functions - meaning that such things as deaths in custody and the use of CS gas will not be covered.

The white paper was presented by David Clark, Chancellor of the Duchy of Lancaster, who has estimated that the Act will cover tens of thousands of public bodies.

The Library Association is looking at the white paper's proposals and will respond before the end of February official deadline.

In a preliminary response, Sherry Jespersen, the LA's Communications Director, welcomed the government's FOI proposals.

'The Library Association has lobbied for FOI for a long time and we are delighted with the white paper that has been published.

'If we get legislation that follows the lines in the paper then we will have a very robust FOI Act. The objective now is to make sure it doesn't get diluted.'

There have been fears the £10 application fee for FOI requests, plus an extra charge where requests 'involve significant additional work', could be an obstacle to accessing information for some people. The commissioner will, however, be able to waive the fee on the grounds of public interest.

Your Right to Know: the government's proposals for a Freedom

of Information Act (Cm 3818). HMSO, 1997. £9.90. http://www.open.gov.uk/m-of-g/foihome.htm

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Last updated: 23 January 98