Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 3
3
Accepted
Paragraph: 28
It is disappointing that the Cabinet Office rejected the Information Commissioner’s Office’s offer to undertake...
Conclusion
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 of Information expertise and, importantly, the Commissioner’s independence. The Information Commissioner’s Office, as the official statutory regulator for Freedom of Information and Data Protection, is better placed than any other organisation to undertake a review of this kind. The basis for this rejection therefore remains unclear, and we are unconvinced by the explanations from the Cabinet Office. The Cabinet Office’s internal review, launched only after the Committee initiated this inquiry, is no substitute for the independent assurance that the Information Commissioner’s Office would be able to provide.
Government Response Summary
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 looking to provide a positive opportunity to enhance practice where possible.
Paragraph Reference:
28
Government Response
Accepted
HM Government
Accepted
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 2007 and comply with the Code of Practice for Official Statistics. In 2021, the Cabinet Office’s performance consistently met and exceeded the ICO’s published standard, achieving a timeliness rate of 92% across the year. In the same time period, timeliness rates across government also rose from 86% in 2020 to 89% in 2021. This is despite the pressures created by Covid and is a testament to the seriousness with which both officials and ministers across government approach their statutory duties. Cabinet Office will work with the small number of departments which have poorer performance. The Government has shared with the Committee the letter from the Director General for Propriety and Ethics to the then Information Commissioner setting out the reasons why we believe that an internal review rather than an external audit is a proportionate response. Clearing House’s role and remit, and to ensure an accurate understanding of the function is available and understood. The review will provide further reassurance about the nature and role as well as looking to provide a positive opportunity to enhance practice where possible. On 28 April 2022, Lord True, Minister of State, announced that the review would be led by Sue Langley OBE and shared with the Committee the terms of reference. We have every confidence that Sue Langley will provide the independent challenge necessary to address the concerns that have been raised through your inquiry and we will update Parliament and the Committee in due course.