Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 9
9
Paragraph: 57
A strong functioning Freedom of Information system requires proactive leadership with a strongly supportive culture...
Conclusion
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 consistency in the Government’s overall approach to Freedom of Information—for example the new proposed statutory arrangements for the Advanced Research and Invention Agency. This example evidences a slide away from transparency being viewed as helpful towards a view that it is a hindrance of Government being able to get on with work. This is a concerning trend and a wrong characterisation that should be challenged at the very top of Government. The Government lacks an approach that advocates for the Freedom of Information Act, and ensures that Government business is carried out in a way that helps to preserve the public record. A more proactive approach could see Ministers championing the Act though speeches, articles and other initiatives that underline the importance of the Act.
Paragraph Reference:
57
Government Response
Not Addressed
HM Government
Not Addressed
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, the Government has been at the forefront of opening up data to allow Parliament, the public and the media to hold public bodies to account. Despite the need to reprioritise resources to respond to the COVID-19 pandemic, central government departments continued to publish core transparency data. Such online transparency is crucial to delivering value for money, cutting waste and inefficiency, and ensuring every pound of taxpayers’ money is spent in the best possible way. Following the Declaration on Government Reform,3 the Government will continue to look at how the range of information published can be improved and made as useful as possible to the public, press and Parliament. Under section 45 of the Freedom of Information Act 2000 (“the Act”), the Minister for the Cabinet Office issues a Code of Practice which provides guidance for public authorities on best practice in meeting their responsibilities under Part I (Access to Information held by Public Authorities) of the Act. It sets the standard for all public authorities when considering how to respond to FOI requests and Chapter 5 specifically refers to the expectations regarding internal reviews. The Information Commissioner has a statutory duty to promote good practice by public authorities, including following this Code of Practice. In addition to this Code of Practice, public authorities should also consult the Commissioner’s own guidance regarding best practice which can be found at www.ico. org.uk. Modern messaging services (such as WhatsApp) are useful tools for speedy and informal communication across organisational boundaries. They have a role in government, as in many other areas of the economy. The use of such tools supports flexible, modern ways of working. This was particularly important during the Covid pandemic. All government information, irrespective of format or communication channel, is subject to the Freedom of Information Act. Cross government guidance on the use of private email and other forms of non-corporate communication channels was issued in 2013. In spring 2021 work commenced to revise the guidance. That work was put on hold in October 2021 when permission was granted for a judicial review in this area. Judgement in the judicial review was handed down in April 2022 where the High Court held that the Government approach was lawful. Work to revise the guidance has now resumed. This Government remains committed to carrying out Parliament’s intentions with respect to the coverage of the Act. The Committee will note that the Cabinet Office has recently made and laid statutory orders ensuring that organizations which satisfy the legal criteria are named in Schedule 1 as ‘public authorities’ for the purposes of the Act. The Advanced Research and Invention Agency (ARIA) will be a lean, streamlined agency, which employs a small team of exceptional individuals. In designing ARIA, the Government has aimed to reduce the administrative burden on ARIA’s staff wherever possible. ARIA’s exemption from the Freedom of Information Act 2000 was debated extensively and agreed to by both Houses of Parliament during the passage of the ARIA Act 2022. The Government has no plans to revisit this decision.