Recommendations & Conclusions
14 items
1
Conclusion
Ninth Report - The Cabinet Office Freed…
Through disclosures about the Clearing House over time, the Government has sought to make amends for the absence of information regarding a core component of the Government’s Freedom of Information machinery. However, the level of disclosure falls short of what was previously available, and what was requested by our predecessor …
Government response. The Government notes the Committee’s concerns about the level of transparency about the Cabinet Office’s Clearing House function. Information about the Cabinet Office’s role in Freedom of Information (FOI) and the Clearing House function, including a list of departments within …
2
Conclusion
Ninth Report - The Cabinet Office Freed…
A greater level of transparency is required about the Clearing House. To further allay concerns about the Clearing House, a greater volume of data on its performance should be published. As a minimum, the Cabinet Office needs to publish the same level of Clearing House information as previously on the …
Government response. FOI compliance statistics for all government departments (excluding the devolved administrations), including those for the Cabinet Office, are published on a quarterly basis on gov.uk. The statistics are designated National Statistics in accordance with the Statistics and Registration Service Act …
3
Conclusion
Ninth Report - The Cabinet Office Freed…
Accepted
It is disappointing that the Cabinet Office rejected the Information Commissioner’s Office’s offer to undertake a Freedom of Information Audit, and we are concerned both by this refusal itself and by the precedent this may set across Government. The Cabinet Office’s decision was misjudged given the Information Commissioner’s Office’s Freedom …
Government response. The government defends its decision to conduct an internal review of FOI handling, citing the Information Commissioner's Office's statistics on FOI compliance and stating that the internal review will provide further reassurance about the nature and role as well as …
4
Conclusion
Ninth Report - The Cabinet Office Freed…
Further, the Committee notes with concern the Cabinet Office’s failure to deliver on its promise of a short internal review. The Cabinet Office also missed an opportunity to expose itself to a rigorous third-party review which could have improved its own Freedom of Information operations. It is now eight months …
Government response. All FOI requests are handled on an applicant blind basis. Clearing House’s processes are completely in line with relevant legislation and we work closely with the ICO to ensure our approach remains fully compliant with our obligations to protect personal …
5
Conclusion
Ninth Report - The Cabinet Office Freed…
The Cabinet Office should accept the Information Commissioner’s offer to undertake its proposed audit to reassure the public that the Government’s approach to Freedom of The Cabinet Office Freedom of Information Clearing House 25 Information requests is compliant with the Freedom of Information Act and that they are handled with …
Government response. This Government is fully committed to transparency. In 2021, monitored government departments and their agencies responded to over 49,000 FOI requests. We routinely disclose information well beyond our FOI obligations, and release more proactive publications than ever before. Since 2010, …
6
Conclusion
Ninth Report - The Cabinet Office Freed…
The Cabinet Office should produce and publish an action plan in response to the findings of the Information Commissioner’s Office’s audit, and provide it to this Committee no later than the end of this year. (Paragraph 31) The Cabinet Office’s compliance with and implementation of the Freedom of Information Act …
Government response. This Government is fully committed to transparency. In 2021, monitored government departments and their agencies responded to over 49,000 FOI requests. We routinely disclose information well beyond our FOI obligations, and release more proactive publications than ever before. Since 2010, …
7
Conclusion
Ninth Report - The Cabinet Office Freed…
During the inquiry, the Committee received multiple examples of poor FOI handling in central Government departments, particularly in relation to non-applicant blind handling, how Public Interest Tests are evaluated and delays in Freedom of Information handling.
Government response. The Government believes it is important that the Information Commissioner’s Office is funded at a sufficient level to enable the Commissioner to carry out his statutory 6 The Cabinet Office Freedom of Information Clearing House: Government Response functions. The ICO’s …
8
Recommendation
Ninth Report - The Cabinet Office Freed…
The Cabinet Office should review these practices and their own compliance with the Freedom of Information Act to model best practice. This should include, in particular, the adoption, where possible, of applicant-blind processing of requests; clear guidance on the very limited circumstances under which it may be appropriate for Ministers …
Government response. All FOI requests are handled on an applicant blind basis. Clearing House’s processes are completely in line with relevant legislation and we work closely with the ICO to ensure our approach remains fully compliant with our obligations to protect personal …
9
Conclusion
Ninth Report - The Cabinet Office Freed…
A strong functioning Freedom of Information system requires proactive leadership with a strongly supportive culture and an enthusiastic tone at the top of Government. We therefore welcome the strong tone adopted by the Government in response to critical press coverage of the Clearing House. However, we note a lack of …
Government response. This Government is fully committed to transparency. In 2021, monitored government departments and their agencies responded to over 49,000 FOI requests. We routinely disclose information well beyond our FOI obligations, and release more proactive publications than ever before. Since 2010, …
10
Recommendation
Ninth Report - The Cabinet Office Freed…
The Cabinet Office should drive a cultural shift from mere baseline compliance with the Freedom of Information Act to a greater advocacy for the core principles and tenets of the Act through proactive leadership across Government including examining whether there is best practice to learn from international comparisons. The Committee …
Government response. This Government is fully committed to transparency. In 2021, monitored government departments and their agencies responded to over 49,000 FOI requests. We routinely disclose information well beyond our FOI obligations, and release more proactive publications than ever before. Since 2010, …
11
Recommendation
Ninth Report - The Cabinet Office Freed…
The Cabinet Office should also issue clearer cross-government guidance on the need to maintain public record to take into account the rise of private messaging systems. Finally, the Government needs to revisit its decision to exempt the Advanced Research and Invention Agency from the Freedom of Information Act, to ensure …
Government response. This Government is fully committed to transparency. In 2021, monitored government departments and their agencies responded to over 49,000 FOI requests. We routinely disclose information well beyond our FOI obligations, and release more proactive publications than ever before. Since 2010, …
12
Conclusion
Ninth Report - The Cabinet Office Freed…
The Information Commissioner’s Office plays an important enforcement and advocacy role for Freedom of Information. The Committee notes with concern the financial pressures facing the organisation which are not commensurate with the caseload it faces. The Committee notes the unsatisfactory Machinery of Government split with financial responsibility for the Information …
Government response. The Government believes it is important that the Information Commissioner’s Office is funded at a sufficient level to enable the Commissioner to carry out his statutory functions. The ICO’s sponsor department within the Government is the Department for Digital, Culture, …
13
Conclusion
Ninth Report - The Cabinet Office Freed…
The Cabinet Office is the departmental sponsor of the Freedom of Information Act, and Freedom of Information policy more generally. We therefore expect that there should be a stronger working relationship between the Information Commissioner’s Office and the Cabinet Office. Evidence submitted to the Committee suggests that until recently the …
Government response. The Government believes it is important that the Information Commissioner’s Office is funded at a sufficient level to enable the Commissioner to carry out his statutory functions. The ICO’s sponsor department within the Government is the Department for Digital, Culture, …
14
Recommendation
Ninth Report - The Cabinet Office Freed…
To ensure clearer lines of accountability and to aid the Freedom of Information responsibilities of the Information Commissioner’s Office, the Government should consider how to better align departmental policy responsibility and financial responsibility for the Information Commissioner’s Office’s Freedom of Information work. The Government can achieve this by either moving …
Government response. The Government believes it is important that the Information Commissioner’s Office is funded at a sufficient level to enable the Commissioner to carry out his statutory functions. The ICO’s sponsor department within the Government is the Department for Digital, Culture, …