A P P S I Advisory Panel on Public Sector Information Ruskin Avenue Kew Richmond Surrey TW9 4DU secretariat@appsi.gov.uk This report can also be accessed on the APPSI website at http://www.appsi.gov.uk/reports/annual-report.htm APPSI is grateful to the Cabinet Office, The National Archives, Ordnance Survey and the Met Office for providing some of the illustrations which have been reproduced in this report. © Crown copyright 2008 This publication may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the publication specified. ISBN 978 0 108 50744 1 Realising the Value of Public Sector Information Annual Report 2007 Membership Members of APPSI during 20071 Chair Professor Richard Susskind OBE Deputy Chair Peter Wienand Expert Members Professor Mike Batty CBE, Geospatial Information Michael Clark, Geospatial Information Chris Corbin, European Expert Keith Dugmore, Statistical Information Trevor Fenwick, Digital Content John Gray, Digital Content Hilary Newiss, Intellectual Property Issues Michael Nicholson, Geospatial Information Shane O’Neill, Digital Content Avinash Persaud, Economist Christopher Roper, Geospatial Information Phillip Webb, Information and Communications Technology Representative Members Neil Ackroyd, Trading Funds Michael Allen, Wales Stefan Carlyle, Information Producers James Eric Davies, Library and University Community Christine Gifford, Information Management Community Professor Hector MacQueen, Scotland John Ponting, Trading Funds Chris Sellers, End Users Duncan Shiell, Trading Funds John Thornton, Local Government David Worlock, Digital Information Publishers 1 Membership changes throughout the year. Biographies of current members can be accessed on the APPSI website at: http://www.appsi.gov.uk/members/biographies.htm Advisory Panel on Public Sector Information Annual Report 2007 Terms of reference of APPSI The Advisory Panel on Public Sector Information (APPSI) is a Non-Departmental Public Body, established by the Cabinet Office in April 2003. On 31 October 2006, APPSI became a Non-Departmental Public Body of the Ministry of Justice (then, the Department for Constitutional Affairs). APPSI’s terms of reference are as follows: • to advise Ministers on how to encourage and create opportunities in the information industry for greater re-use of public sector information; • to advise the Director of the Office of Public Sector Information and Controller of Her Majesty’s Stationery Office about changes and opportunities in the information industry, so that the licensing of Crown copyright and public sector information is aligned with current and emerging developments; • to review and consider complaints under the Re-use of Public Sector Information Regulations 2005 and advise on the impact of the complaints procedures under those Regulations. Formally, APPSI reports to Ministers annually. This is APPSI’s report for 2007. A list of APPSI members is provided on the inside back cover. Advisory Panel on Public Sector Information Ruskin Avenue Kew Richmond Surrey TW9 4DU secretariat@appsi.gov.uk This report can also be accessed on the APPSI website at http://www.appsi.gov.uk/reports/annual-report.htm APPSI is grateful to the Cabinet Office, The National Archives, Ordnance Survey and the Met Office for providing some of the illustrations which have been reproduced in this report. © Crown copyright 2008 This publication may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the publication specified. 1. From the Chair 4 2. Highlights from 2007 6 3. Priorities during 2007 8 4. Plans for 2008 10 5. Financial Report 12 Abbreviations used in this Report: APPSI BERR CUPI FOI HMSO INSPIRE MOJ OFT OPSI Panel PSB PSI PSI Directive PSI Regulations Advisory Panel on Public Sector Information Department for Business, Enterprise and Regulatory Reform Commercial use of public information Freedom of Information Her Majesty’s Stationery Office Infrastructure for Spatial Information in Europe Ministry of Justice Office of Fair Trading Office of Public Sector Information Advisory Panel on Public Sector Information Public sector body Public Sector Information EU Directive on the Re-use of Public Sector Information (2003/98) Re-use of Public Sector Information Regulations 2005 Contents 1 From The Chair The Advisory Panel on Public Sector Information (APPSI) was set up in 2003 to advise Ministers and officials on the opportunities for the information industry that flow from the greater use of public sector information (PSI). This is our fourth annual report. This year, we have taken a new approach. Our report is shorter than in previous years, providing summaries rather than full accounts of various topics and activities. We point readers who are keen for greater detail to our website – www.appsi.gov.uk. Our policy now is to make our reports and other documents available as soon as possible on the website; and not to delay and then reproduce these materials in full in what was becoming an unjustifiably bulky annual report. 2007 was a pivotal year for the UK in relation to the re-use of PSI. In turn, it has been the busiest year yet for APPSI. Crucially, we have seen a marked increase across central government in the level of interest and debate in the re-use of PSI. Focal points of discussion were: the Office of Fair Trading’s report on the commercial use of public information; the Power of Information Review, commissioned by the Cabinet Office; the announcement by the Department for Business, Enterprise and Regulatory Reform (BERR) and Her Majesty’s Treasury of their invitation to Cambridge University to produce a study relating to charging models for the provision of PSI by trading funds; and the first report by a Review Board of APPSI, reviewing various recommendations made by the Office of Public Sector Information. The Guardian, in its newspaper and online, has continued to cover all of these issues in its pages and we welcome the interchange and increase in public awareness that this brings. We also welcome the energy and insight of Michael Wills MP, Minister of State for the Ministry of Justice. As the Minister to whom APPSI now reports, we have found him receptive and engaged, and are optimistic that he will be a worthy advocate within Government of PSI re-use. There is much yet to achieve but robust debate, the engagement of Government, and increased public awareness are important foundations upon which to build. 4 Annual Report 2007 Within APPSI, we have seen much change. Tragically, one of our number, Mike Clark, passed away in June 2007. In many ways, he was our finest member. His wisdom, good humour, and tireless work on our behalf are missed enormously. Happier news is that we have recently recruited an exciting new group of members: Neil Ackroyd, Chris Corbin, James Eric Davies, John Gray, Hilary Newiss, Michael Nicholson, Shane O’Neill and Phillip Webb. They bring formidable experience to our table. However, as new members come, then longer standing members step down. Duncan Shiell retired in March 2007 – his balance and experience were greatly valued. Chris Sellers left us in October 2007, and we thank him for his good spirited contribution to our Panel. Looking ahead, David Worlock and Trevor Fenwick are to leave APPSI in late April 2008: they have been with us since APPSI was set up in 2003 and have brought enormous expertise and gravitas to APPSI. There are changes afoot also with the APPSI Secretariat. This month, we say farewell to Andrew Eeles, who has provided us with solid support for over two years. And we look forward to welcoming his successor, Grazia Zaffuto, who comes to us from the Cabinet Office. After five years in the chair, I have decided to step down in April 2008. This, therefore, is my final annual report. It has been a privilege to lead APPSI. I continue to believe that PSI is of immense economic and social significance to the UK; and it has been a pleasure to play a role in the early days of our Panel. With all my sincerity and goodwill, I thank everyone with whom I have worked as Chair of APPSI – members, officials from the Office of Public Sector Information and The National Archives, Ministers, and the extended community of individuals and organisations who are committed to the exploitation of PSI. I extend my gratitude, in particular, to two individuals. The first is Peter Wienand, Deputy Chair of APPSI and now a firm friend, who has been wonderfully supportive to me – balanced, expert, unflappable and wise. The second is Carol Tullo, the Director of the Office of Public Sector Information, who has, with enormous effect, begun a transformation in relation to PSI that will have impact on the UK for many years to come. Finally, it is my very great pleasure to offer my best wishes to my successor – Professor David Rhind. I am confident that, under his leadership, APPSI will thrive over the coming years and continue to play a pivotal role in advising and influencing Ministers and officials. Professor Richard Susskind OBE Chair 11 April 2008 5 2 Highlights from 2007 The following list summarises the main activities of APPSI during 2007. • Extraordinary APPSI meeting regarding OFT CUPI Study – January 2007 • Publication of 2006 Annual Report – January 2007 • Chair: presentation to Knowledge Council – February 2007 • Submission of APPSI’s response to the OFT CUPI Study – February 2007 • Chair and Deputy Chair: meeting with Lord Chancellor – March 2007 • Chair: radio interview on PSI on Law in Action – March 2007 • Submission of note on PSI strategy to Lord Chancellor – March 2007 • Publication of APPSI Review Board Report in relation to requests by Intelligent Addressing and Ordnance Survey to review recommendations in OPSI’s report of July 2006 – April 2007 • Chair: meeting with Prime Minister’s Strategy Unit regarding “The Power of Information Review” – May 2007 • Chair: meeting with Tom Steinberg – June 2007 • 14th APPSI meeting – June 2007 • Chair and Deputy Chair: meeting with HM Treasury – June 2007 • Chair and Deputy Chair: meeting with Chief Executive, The National Archives, and Director, Office of Public Sector Information – June 2007 • Submission to HM Treasury of paper by Expert Member on Economics entitled, “A Short Note on Analysing the Provision and Value of Public Sector Information” – June 2007 • Submission of observations on “The Power of Information” Report to the Lord Chancellor – June 2007 • Chair: meeting with Director, Prime Minister’s Strategy Unit – June 2007 6 Annual Report 2007 • Chair: meeting with Director, Office of Public Sector Information – August 2007 • Chair: meeting with Chief Executive, The National Archives – September 2007 • Chair: meeting with Director, Office of Public Sector Information – September 2007 • Chair: meeting with Permanent Secretary, Ministry of Justice – September 2007 • Chair and Deputy Chair: meeting with Minister of State, Ministry of Justice – October 2007 • Submission to Ministers of paper entitled, “The Need for a Government Strategy on the Re-use of Public Sector Information” – October 2007 • 15th APPSI meeting – October 2007 • Deputy Chair: presentation at ePSIplus National Meeting – October 2007 • 4th annual APPSI seminar – November 2007 • Chair: presentation at Locus Association Seminar – November 2007 • Chair: meeting with Chairman of Kable Conference on Public Sector Information and Data Management – December 2007 • Chair: meeting with Permanent Secretary, Ministry of Justice – December 2007 • Publication of paper by APPSI members, ‘Undervaluing the value of public sector information’ (see www.publicservice.co.uk) – December 2007 • 16th APPSI meeting – December 2007 Further details of many of these activities are laid out in the remainder of this report and on the APPSI website, at www.appsi.gov.uk 7 3 Priorities during 2007 Over and above APPSI’s ongoing responsibilities (increasing awareness of the benefits of the re-use of PSI; holding regular Panel meetings; briefing senior politicians and officials), the Panel pursued a range of priority initiatives during 2007, as outlined below. The merger of The National Archives and OPSI In last year’s annual report, we said that, in 2007, we would monitor the impact of the merger between The National Archives and the Office of Public Sector Information. While we were generally supportive, we had expressed reservations about the merger in our 2006 report. Our main concern was that this machinery of government change might result in a reduction of Government focus on the re-use of PSI. In the event, we are pleased to report that, in our view, the merger has been a success and has in fact helped increase rather than diminish the level of public sector interest in PSI. The National Archives is steadily emerging as a focal point for public information policy and, in turn, OPSI is now better positioned than in the past to promote the re-use of PSI. Response to OFT’s CUPI study In February, APPSI formally responded to the important market study into the commercial use of public information, conducted by the Office of Fair Trading and published in December 2006. APPSI warmly welcomed the study and strongly supported the majority of OFT’s findings and recommendations. However, we expressed concern that the study considerably understated the actual and potential value of public sector information to the UK economy and, in so doing, could discourage the Government and public sector bodies from exploiting this rich resource to the full. See www.appsi.gov.uk/reports/ responses-to-consultations.htm 8 Review Board of APPSI In April, for the first time, a Review Board of APPSI published a report under the Re-use of Public Sector Information Regulations 2005. It related to requests by Intelligent Addressing Limited and Ordnance Survey to review various recommendations made by the Office of Public Sector Information. After much deliberation, the Board found that a third party owned intellectual property rights in the PSI in question; that its supply was not part of the public task of Ordnance Survey; and consequently that it fell outside the scope of the Regulations. It followed for the Board that it had no power under the Regulations to make recommendations in relation to the requests for review. The Board Annual Report 2007 noted explicitly that it expected many actual and potential re-users of PSI would be concerned about the scope of the Regulations, as interpreted in the APPSI report. Accordingly, the Board recommended that the Government, as a matter of priority, should re-assess the extent to which the Regulations and Government policy on PSI are aligned and, if there is not full alignment, then the Regulations should be amended. See www.appsi.gov.uk/review-board/reports.htm Power of Information Review In June, APPSI wrote a letter of advice to Lord Falconer, the then Lord Chancellor, in relation to the Power of Information Review, as commissioned by the Cabinet Office and authored by Ed Mayo and Tom Steinberg. We welcomed the review as an important contribution to the growing national debate about how the UK economy might best exploit PSI. We noted that the review was limited in scope, we endorsed the vital distinction made by Mayo and Steinberg between the direct value and the commercial value of PSI, and we supported calls for a fundamental review of the costs and benefits of the trading fund charging model for the re-use of PSI.See http://www.appsi.gov.uk/ministers/observationspower-of-information-report.pdf Briefing to HM Treasury Also in June, APPSI’s Expert Member on Economics submitted a paper to HM Treasury entitled, “A Short Note on Analysing the Provision and Value of Public Sector Information”. This was in response to a request by HM Treasury, who were preparing at that time to commission a study relating to models for the provision of PSI by trading funds. (This evolved into the study conducted by Cambridge University, as noted in the following section.) APPSI’s briefing noted that the essential problem of estimating the value of PSI and its optimum pricing and distribution is that PSI is a cross between a “public good” or a “network good”. Public goods or network goods are both very hard to value. See www.appsi.gov. uk/ministers/index.htm Note to Ministers on PSI Strategy In October, APPSI prepared a paper, “The Need for a Government Strategy on the Re-Use of Public Sector Information”. This was written primarily for Ministers with a direct interest in or responsibility for the re-use of public sector information. It considered why and how the Government should formulate an explicit strategy for the re-use of PSI. It identified current obstacles to progress and provided a ten-point outline for a Government PSI strategy that would address the short term (the next 12 months) as well as the medium term (the next 3 years or so). See www.appsi.gov.uk/ministers/index.htm Fourth annual seminar In November 2007, APPSI held its fourth annual seminar. Once again, this was hosted by the Oxford Internet Institute. In the first part of the seminar, we explored the relevance of Web 2.0 for the re-use of PSI, noting the growing trend for end-users to generate content on the Internet. It was thought that this was likely to be a new and further dimension to PSI – end-users themselves directly re-purposing and adding value to PSI. In the second part of the day, our focus turned to the EC’s intended review, in 2008, of the impact so far of the EU Directive on the Re-use of Public Sector Information. This helped shape APPSI’s thinking about how we should formally contribute to the EC’s review. See www. appsi.gov.uk/meetings.htm 9 4 Plans for 2008 Looking forward to 2008, it is clear that APPSI faces another busy year. Subject to the views of our new Chair, our intention is to focus on the projects described below. Submission of review of PSI Directive to the European Commission In the course of 2008, the European Commission is reviewing the impact of the EU Directive on the Re-use of Public Sector Information. As a contribution to this review, APPSI intends to submit a report to the EC, providing our views on the application of the Directive, specifically in the UK. We will consider the practical (and in some cases innovative) steps taken by OPSI to ensure that this important piece of legislation is recognised, understood and put into practice. This submission will be a major priority for APPSI in the coming months. Response to Cambridge study While this annual report was in an advanced stage of production, an important study by Cambridge University was published, on 26 February 2008. Entitled “Models of Public Sector Information Provision via Trading Funds”, this was commissioned jointly, in July 2007, by BERR and HM Treasury. APPSI is currently examining the study and our formal response will be an important task for 2008. APPSI can already confirm, however, that we welcome the tone and rigour of the Cambridge study – it is the kind of detailed and systematic economic analysis of trading funds and PSI re-use that we have been recommending since 2003; and we hope this represents the beginning of a new era of open and sophisticated thinking about the economics of PSI. Responses to consultations We will continue to hold ourselves in readiness to respond to any consultation documents that appear where these address issues that are of direct relevance to our remit. By the time this report is published, we should already have responded to the Data Sharing Review and to the 30-year Rule Review. Revision of website We have been conscious for some time that our website would benefit from a considerable upgrade. We are committed to making a series of substantive improvements during 2008 and will monitor the impact of these changes on the volumes of traffic. 10 Annual Report 2007 Briefings to Minister We intend, more frequently than we have in the past, to provide practical briefings to our Minister at the Ministry of Justice. These will cover key issues such as evidence, statistics and data relating to the impact of PSI; the governance of PSI and principles underpinning its re-use; the enforcement of the PSI Regulations; models and case studies clarifying the economics of PSI; the findings of ongoing horizon scanning by APPSI; and the adequacy and scope of information management activities across the public sector. Monitoring impact of major reports While APPSI welcomes the various reports that have recently been written for or on behalf of Government on the subject of PSI (including the OFT’s CUPI study, The Power of Information Review and the Cambridge study), we consider it vital that the many recommendations and proposals in these documents are followed through and do not remain simply fine ideas on paper. Accordingly, APPSI will periodically review and report on the progress that has been made further to these papers; and in so doing encourage momentum to be maintained. Initial inquiry into mandating the re-use of PSI To stimulate and widen debate about the future exploitation of PSI, we will conduct an initial inquiry into the implications of introducing a regime under which public bodies would be subject to some kind of obligation to make their PSI available for re-use. There is no such obligation today under the PSI Regulations. Consider the future of the complaint/review function Given that some misgivings have been expressed about the compatibility of APPSI’s advisory and complaint/review function under the PSI Regulations, we intend to conduct a preliminary, internal assessment of this potential source of concern. We have asked a senior expert member of the Panel, who was not directly involved in the Review Board’s first report, to undertake this study. Revision of Review Board procedures In light of experience gained during the preparation of the first report produced by a Review Board of APPSI, the Panel will publish a revised set of procedures governing the way in which recommendations are reviewed and complaints are considered by APPSI Review Boards under the PSI Regulations. 11 5 Financial Report APPSI Financial Report Full cost of operating APPSI and the Review Board in 2007/08, was £107,100. Direct Costs APPSI Secretariat and OPSI staff costs £ 60,200 APPSI Members’ Fees and Honorariums 5,000 Review Board Fees 5,700 APPSI Members’ Travel Costs 1,200 APPSI Recruitment Costs 6,300 Catering 200 APPSI Annual Report publishing Total Direct Costs Indirect Costs and Overheads Total Cost Note: 3,700 82,300 24,800 107,100 1) All costs are to the nearest £100 2) The costs include: • full direct costs • a proportion of staff costs and with associated overheads based on time spent supporting the Panel. • indirect overheads associated with the Panel, such as IT support, OPSI Finance and Business Support and accommodation costs. Members’ Remuneration The APPSI Chairman and Deputy Chairman are entitled to claim an Honorarium for the work they undertake for the Panel. Other members are able to claim actual Travel and Subsistence expenses incurred in the course of fulfilling their role for the Panel. In 2007/08, £1,200 was incurred on Travel and Subsistence for Panel members. APPSI Chairman Honorarium Deputy Chairman Honorarium Annual Fee £ 3,000 2,000 Review Boards are established for each review that the Panel decides to accept. Members receive a daily rate for work undertaken on the review. The rates in 2007/08 are set out below. Total cost of Review Board fees in 2007/08 was £4,100. Review Board Chairman Deputy Chairman Independent Assessor Daily Rate £ 550 550 550 Additionally, a revision to the review procedures was commissioned with support from an independent contractor at a cost of £1,600. Also a fee of £250 was incurred for work undertaken by an official from the Office of the Commissioner for Public Appointments. 12 Membership Members of APPSI during 20071 Chair Professor Richard Susskind OBE Deputy Chair Peter Wienand Expert Members Professor Mike Batty CBE, Geospatial Information Michael Clark, Geospatial Information Chris Corbin, European Expert Keith Dugmore, Statistical Information Trevor Fenwick, Digital Content John Gray, Digital Content Hilary Newiss, Intellectual Property Issues Michael Nicholson, Geospatial Information Shane O’Neill, Digital Content Avinash Persaud, Economist Christopher Roper, Geospatial Information Phillip Webb, Information and Communications Technology Representative Members Neil Ackroyd, Trading Funds Michael Allen, Wales Stefan Carlyle, Information Producers James Eric Davies, Library and University Community Christine Gifford, Information Management Community Professor Hector MacQueen, Scotland John Ponting, Trading Funds Chris Sellers, End Users Duncan Shiell, Trading Funds John Thornton, Local Government David Worlock, Digital Information Publishers 1 Membership changes throughout the year. Biographies of current members can be accessed on the APPSI website at: http://www.appsi.gov.uk/members/biographies.htm A P P S I Advisory Panel on Public Sector Information Ruskin Avenue Kew Richmond Surrey TW9 4DU secretariat@appsi.gov.uk This report can also be accessed on the APPSI website at http://www.appsi.gov.uk/reports/annual-report.htm APPSI is grateful to the Cabinet Office, The National Archives, Ordnance Survey and the Met Office for providing some of the illustrations which have been reproduced in this report. © Crown copyright 2008 This publication may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the publication specified. ISBN 978 0 108 50744 1 Realising the Value of Public Sector Information Annual Report 2007