FOI in Central Government –
where we have come from
and where we are going
Jane Sigley
Head of FOI Policy & Strategy
Information Directorate
Building our knowledge and information capability
A brief history of FOI
-- 1974
Longstanding Labour manifesto commitment.
-- 1978 A major attempt to introduce FoI legislation in the form of a member’s bill. The
bill had considerable Parliamentary support but did not proceed when the 1979 general
election was called.
-- 1984 The Data Protection Act was passed, giving individuals the right to see
information held about themselves.
-- 1996 A parliamentary report on ‘Open Government’ was published and
recommended the introduction of a Freedom of Information Act.
-- 2000 The Freedom of Information Act 2000 received Royal Assent.
-- 2005 The Freedom of Information Act came into force.
Some statistics – Central Government
20000
100
16000
80
12000
60
8000
40
4000
20
0
0
2005
2006
2007
Year
2008
Percentage in time
Resolvable Requests
FoI Volumes and Performance
Number requests
PIT extensions
Percentage in time
Role of DCA/MoJ Clearing House
-Established Sept 04
- First 2 months FOI – received over 1200 referrals from departments
(7% of all requests)
- Developed something of Machiavellian reputation
“Concern is growing that the unit is bent on blocking as many
requests for information as it can” The Times September 05
- Summer 2007 – Transformation Programme
- March 2009 – new Toolkit published
- In casework terms, emphasis now on limited range of high profile,
complex cases and providing expertise for departments involved in
litigation
- Better FOI
ICO, Tribunal and beyond
2005 – first ICO and Tribunal decisions
2008 – first High Court decision (OGC Gateway reviews)
first Court of Appeal decision (BUAV)
2009 -
use of section 53 veto
Updating and Amending legislation
2008 - Section 4 Order – keeping the Act up to date
2006/07 – Review of FOI fees regulations
2007-2009 – Section 5 consultation and response
2009 – Section 10(4) Order for NI schools
Dacre Review
--October 2007 – PM delivered Liberty speech – more to do to develop more
open government
- Announced no change on fees, section 5 consultation and review of 30 year
Rule
- Dacre Review – published findings Jan 09, recommending reduction to 15
years
- June 09 – PM announces reduction to 20 years, but enhanced protection for
some information. Publication of full Gvt response “late summer”
Publication Schemes
- Publication Schemes always been promoted across
departments but not widely updated post orginal
implementation.
- Jan 09 – Change to Publication Scheme requirements –
model publication scheme
- ICO has conducted review of Central Gvt and will publish
results shortly
Future Challenges