Cutting freedom of information

Peter Cheney analyses Civil Service plans to name and impose charges on the senders of freedom of information requests.

Civil Service departments want to charge citizens for making freedom of information requests and name the requesters, thus limiting scrutiny under the Freedom of Information Act.  If the plans go through, civil servants will remain anonymous as their names are redacted to protect their identity.

TUV leader Jim Allister found the proposals (combining a range of views across the Civil Service) in a volume of written evidence to the House of Commons’ Justice Committee, which is reviewing the operation of the Act.

“All departments agree that FOI compliance is burdensome,” the evidence states, with round-robin requests being “particularly burdensome”.  However, it also admits that the Act makes departments “more open and accountable”.

The Freedom of Information Act was introduced to meet a general election manifesto commitment made by Labour in 1997.  It was enacted in November 2000 and the public sector was given until January 2005 to prepare for its implementation.

Officials recommend levying a “reasonable nominal fee before a request is accepted” and requiring requesters to give “identity information” (over and above a name and address).

Civil servants want to factor in more costs, which could result in the £600 cost limit being reached more quickly.  In particular, they want to charge for reading documents, consulting third parties, considering the use of exemptions, composing public interest tests and redacting information.

Vexatious and repeated requests are a common cause for complaint.  Many journalists, the note says, “submit very broad or multi-layered requests in the hope of uncovering a story.” Curiously, a “significant” number of requests are also submitted by officials themselves but these often “focus narrowly on the interests of individuals”.

“The Freedom of Information Act is a vital tool when it comes to the public and the press holding elected representatives to account,” Allister stated, commenting that if the Executive can spend £400,000 on photography, it can also afford to operate the Freedom of Information Act.

The plans would bring Northern Ireland into line with the Republic’s stricter approach to freedom of information.  Fees were introduced in 2003, and a standard request costs €15, rising to €75 for an internal review and €150 for an appeal to the Information Commissioner.  The Irish Department of Foreign Affairs regularly publishes requests received, including the names and addresses of requesters.

Freedom of information policy is devolved, although the Northern Ireland Executive decided in 2000 to extend the Act to the province.  The DUP and UUP had originally voted to oppose the legislation at its second reading, on 7 December 1999, while the SDLP abstained.

Sinn Féin currently has a Bill before the Oireachtas which would abolish fees for applications.  TD Pearse Doherty has said that removing them would “send a positive message that the state is open to full disclosure” and explained that his party prefers an ‘open data’ policy “where all state information was made public, where acceptable, without having to be requested.”