Source · Select Committees · Public Administration and Constitutional Affairs Committee
Ninth Report - The Cabinet Office Freedom of Information Clearing House
Public Administration and Constitutional Affairs Committee
HC 505
Published 29 April 2022
Recommendations
8
Para 46
The Cabinet Office should review these practices and their own compliance with the Freedom of...
Recommendation
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 …
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10
Para 58
The Cabinet Office should drive a cultural shift from mere baseline compliance with the Freedom...
Recommendation
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 …
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11
Para 59
The Cabinet Office should also issue clearer cross-government guidance on the need to maintain public...
Recommendation
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 …
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14
To ensure clearer lines of accountability and to aid the Freedom of Information responsibilities of...
Recommendation
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 …
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Conclusions (10)
1
Conclusion
Para 19
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 …
2
Conclusion
Para 20
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 …
3
Conclusion
Accepted
Para 28
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 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.
4
Conclusion
Para 29
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 …
5
Conclusion
Para 30
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 …
6
Conclusion
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 …
7
Conclusion
Para 45
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.
9
Conclusion
Para 57
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 …
12
Conclusion
Para 66
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 …
13
Conclusion
Para 67
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 …