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FREEDOM OF INFORMATION
Ministers' promises to usher in a new age of
freedom of information have failed to materialise, with
scores of requests to open the Government to public
scrutiny being rejected. About 4,000 requests have been
received across central government since the introduction
of the Freedom of Information Act on 1 January. But MPs
and journalists expressed frustration at the lack of
positive responses to their requests, amid claims that
the Government has breached its own legislation by
failing to meet the Freedom of Information Act's
statutory deadline. Scores of requests have been refused
and some departments have been using stock replies to
deny access to information, issuing refusal letters to
different people using identical wording.
Of the 70 inquiries made by The Independent only 10 have
been successful. Almost half were turned down flat; the
remainder are still awaiting reply. In two of the replies
the Government conceded that it had breached its own
legislation by failing to meet the deadline of 20 working
days that expired yesterday. Ministers also admitted they
had no idea how many of the 362 requests made on the
first day the legislation came into force had been
answered. Yet, in 2000, Labour postponed the
implementation of the Freedom of Information Act by four
years to give government departments and 100,000 public
bodies more time to prepare for the new right of access.
Conservative frontbenchers have submitted 130 requests
for information under the FOI Act. So far they have
received only three holding replies. Julian Lewis, the
shadow minister for the Cabinet Office, said that,
although the Ministry of Defence showed signs of genuine
openness, he was discouraged by the amount of time being
taken to respond to requests by other departments.
"They have gone right down to the wire, taking the
full 20 days to reply. I hope the reason they are leaving
it to the last minute to answer this question is because
they are putting together a lot of information to give to
us," he said. "I fear that the delay is just
stalling for time before they give us little more than
the casual evasive responses to written parliamentary
questions."
Norman Baker, the Liberal Democrat MP for Lewes, said the
Government was guilty of hypocrisy over its application
of the Act. "There is a real suspicion that the
Government is using the FOI Act as a deft manoeuvre to
imply openness while allowing the Sir Humphreys of this
world arcane reasons for not answering questions,"
he said. "We have yet to see any evidence at all
that the Act will make any positive difference as far as
the Government is concerned."
That didn't stop Labour hailing the FOI Act a success,
calling it the beginning of a new era of openness. Lord
Falconer of Thoroton, the Lord Chancellor, said:
"This is a new era in the relationship between the
citizen and the state. After just one month, the Freedom
of Information Act has already been seen to make a real
impact ... We have sown the seeds of cultural change
towards a government at all levels that is more open,
transparent and accountable. But we must remember this is
not a free-for-all. There will always be areas, such as
national security, where it is necessary for information
to be withheld to allow government to act
effectively."
That has not been the experience of many members of the
public who have spent weeks engaged in a rather tiresome
game of cat and mouse with Whitehall officials. One
Whitehall source said some civil servants were struggling
to deal with the number and complexity of requests. Of
4,000 requests received across central government, about
half have been made by people identifying themselves as
reporters. But campaigning organisations and members of
the public have also made wide use of the new powers. The
National Archives has received the most requests, more
than 600, followed by the Ministry of Defence and the
Foreign and Commonwealth Office. (Source: The Independent)
The operation of the Freedom of Information
Act is in severe difficulties because of a mounting
backlog of appeals against Government secrecy. The
Information Commissioners Office, which handles
complaints from people whose open government requests are
refused, is struggling to cope with more than 1,200
unresolved cases. More than half of those appeals have
yet to be allocated to a caseworker. The Times is aware
of cases that have been with the commissioner for three
months without any action being taken. The soaring number
of appeals to the watchdog is due, in part, to the work
of a Whitehall unit called the Central Clearing House.
Concern is growing that the unit is bent on blocking as
many requests for information as it can. Recently it told
civil servants that they could chose to neither
confirm nor deny whether their departments even
hold information that has been requested by the public.
The commissioners staff has been deluged with 1,642
appeals in the past six months and the number is growing
at a rate of five a day. There are just 28 full-time and
five part-time staff handling the cases. Final judgments
have been reached in fewer than 50 cases and another 380
have been withdrawn or resolved. (Source: Times Online)
The government is planning to change its own
freedom of information laws barely 18 months after they
came into force by blocking 'the most difficult requests'
made by the public to Whitehall departments. It suggests
that a flat rate fee could be charged which would have a
'deterrent effect' and 'inhibit serial requesters'.
Scores of requests for details about sensitive episodes
from Labour's nine years in office under the new Freedom
of Information Act have already been turned down or
dodged.
Tony Blair had to reveal the bill of more than £500,000
which he incurred using the royal plane for holiday
flights. Now a paper prepared by Constitutional Affairs
Secretary Lord Falconer for circulation to ministers sets
out plans to change the system. In the memo, he admits
the Government will face criticism for making it harder
to access documents. Lord Falconer heralded the freedom
of information legislation as a 'giant step forward' in
opening up Government as it came into effect. Official
figures show there were more than 38,000 FOI requests in
its first year of operation.
At present requests are normally free, but public bodies
can charge a fee if the cost of compiling a response is
unusually high. Central Government departments are
entitled to refuse a request if the cost is more than
£600, while the limit for local authorities is £450.
Lord Falconer suggests the time taken by civil servants
to read documents and consider whether they can be
released should be taken into account when calculating
the cost of requests. He said the change would allow 'the
most difficult requests (generally received from
determined and experienced rather than casual requestors)
to be refused on cost grounds'.
Labour will not be satisfied until democracy has totally
been eradicated in this country. This only shows the
extreme hypocrisy and deceit of this government. First
they delay introducing FOI for years, then they water it
down as much as they can, now they want to gradually
reduce it. This is the same government that wants to
limit the House of Lords because it dared to oppose them
over ID cards. These people are vain, self serving
extremists. So we will end up with not a Freedom Of
Information Act, but, due to having to pay to see 'free'
information, a Rip Off Britain Act. (Source: Mail on Sunday, Jul/06)
A report has revealed that ministers have
slashed the amount of information they allow the public
to know. It showed that a string of Whitehall departments
have tightened the secrecy surrounding their activities
despite Tony Blair's promise that Labour would bring an
era of open government. Among ministers whose civil
servants are now refusing to answer more than half of all
the questions put by the public under Labour's Freedom of
Information Act are Home Secretary John Reid, Foreign
Secretary Margaret Beckett, and Trade Secretary Alistair
Darling.
Of nearly 63,000 Freedom of Information requests made
since the law came into force two years ago, more than
26,000 have been answered only with silence. The figures
come as ministers prove reluctant to part with
information while in Government that they said should be
public when they were in opposition. Mr Blair declared in
March 1996 that "we want to end the obsessive and
unnecessary secrecy which surround Government activity
and make Government information available to the public
unless there are good reasons not to do so."
(Source: Daily Mail, Dec/06)
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