TYNE AND WEAR MUSEUMS JOINT COMMITTEE
27 FEBRUARY 2003
REPORT OF:
Special ICT Projects Officer
SUBJECT:
Freedom of Information Publication Scheme
1.
Background
This report outlines the implications of the Freedom of Information Act 2000 for Tyne
and Wear Museums, and in particular the requirement for all public authorities to
produce a Publication Scheme.
2.
Freedom of Information Act 2000
2.1
The FOI Act came into force in on 30th November 2000. The Government decided
to implement the legislation in stages with full implementation being completed by
January 2005. The Act applies to c.70,000 public authorities, including local
authorities and schools, and covers all information produced by or lodged with
public authorities.
2.2 The main requirements of the FOI Act are:
 The production and publication of a Publication Scheme, which lists all the classes of
information that the authority makes public or intends to make public. Publication
Schemes must be approved by the Information Commissioner. Local authorities
must publish their Schemes by 28th February 2003.
 By January 2005, there will be a general right of access to any information held by
public authorities, in addition to that which is included in Publication Schemes. This
right is available to any individual or organisation (anywhere in the world). It is fully
retrospective, although it does not require public authorities to keep information for
longer than they would do otherwise. The FOI Act provides public authorities with a
number of exemptions from disclosure that they can invoke; however, many of these
require a public interest test to be applied before the exemption can be used. The
FOI Act sets a time limit of 20 working days for requests to be satisfied. This means
that public authorities will need to ensure they have adequate records management
procedures in place to be able to identify the information in question quickly.
2.3
Tyne and Wear Museums, being a Joint Committee, does not constitute a public
authority for the purposes of the Act. In order to comply with the legislation, the
information published by TWM has been incorporated into the Publication Scheme
of its lead authority, Newcastle City Council.
3.
Publication Scheme
3.1
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The FOI Act sets down what a Publication Scheme must include. Newcastle City
Council’s scheme covers all these areas, and provides additional information where
this is felt to be useful to scheme users:
Information which the authority publishes, or intends to publish, in whatever format.
Information on decisions taken by the authority, together with reasons for the
decisions.
Policy on charging for information provided under the scheme.
Information on how scheme users can access information within the scheme.
The classes of information which the authority publishes.
The Information
Commissioner has stated that the list of classes to be used is up to each authority to
decide. In the Council’s Scheme, the list of classes was devised in discussion with
other Tyne and Wear authorities. The information within each class that is exempt
from publication has been specified.
Lists of documents and other information items within each class which are currently
available. This is not required by the legislation, but officers feel it would be useful to
scheme users.
Policy on access to information which is not covered by the Scheme. This has been
structured to be consistent with the requirements of the FOI Act which will apply
when the general right of access comes into force in January 2005.
3.2 A copy of the Museums and Art Galleries class within the scheme is attached at
Appendix A for information.
3.3
The full scheme will be published on Newcastle City Council’s website
(www.newcastle.gov.uk), linked to the TWM website, by the end of February 2003.
Printed copies will also be available.
4. RECOMMENDATION
The Committee is recommended to receive this report for information.
Background Papers:
Implementation of the Freedom of Information Act 2000: report to Newcastle City Council
Cabinet 20th November 2002. Held by Head of Democratic Services, Newcastle City
Council. Tel: 0191 211 5159.
Newcastle City Council Freedom of Information Publication Scheme. Held by Special ICT
Projects Officer, Newcastle City Council. Tel: 0191 211 5309.
APPENDIX A
MUSEUMS AND ART GALLERIES
The City Council is responsible for the provision of museums and art galleries across
Tyne and Wear on behalf of the five local authorities in the region. This class covers
information about the services provided through museums and galleries.
Information
Format
Availability
Corporate plan
Internet
www.twmuseums.org.uk
Current annual report
Internet
www.twmuseums.org.uk
Live Wires internet access policy
Print
Tyne and Wear Museums
General Office (see
Appendix A)
Tyne and Wear Museums purpose
and beliefs
Internet
www.twmuseums.org.uk
Tyne and Wear Museums Joint
Agreement
Print
Tyne and Wear Museums
General Office (see
Appendix A)
Tyne and Wear Museums Joint
Committee meetings: agendas,
reports and minutes
Inspection
See Appendix D
Trust Accounts
Print
Tyne and Wear Museums
General Office (see
Appendix A)
Information on admissions and
service provision
Internet
www.twmuseums.org.uk
Museum and art gallery collections
and exhibitions
Various
Check the Tyne and Wear
Museums website
(www.twmuseums.gov.uk)
then contact Individual
museums and galleries
(see Appendix A)
Museum and art gallery collections
and exhibitions in digitised format
Internet
www.twmuseums.org.uk
Not available until Dec 2004
Collection management policies
Internet
www.twmuseums.org.uk
Collections database
Internet
www.twmuseums.org.uk
Not available until Dec 2004
Policy on visitor photography
Print
Tyne and Wear Museums
General Office (see
Appendix A)
Exhibition catalogues and other
publications
Print
Tyne and Wear Museums
Commercial Department.
(see Appendix A). A
charge will be made for
these items
Business partners
Internet
www.twmuseums.org.uk