Media update

Daily Telegraph - MPS' expenses rise again to £80m
"Figures released under the Freedom of Information Act show that MPs claimed more than £80 million in allowances and expenses last year - a rise of over £23 million in just three years."

FT.com - Controversy grows over fate of Iraq detainees
"This week the American Civil Liberties Union released details of autopsy and death reports it obtained under the Freedom of Information Act. It said 21 of 44 deaths were listed as homicides and confirmed that US interrogations had resulted in deaths in Iraq and Afghanistan. Anthony Romero, director of the ACLU, said: "High-ranking officials who knew about the torture and sat on their hands and those who created and endorsed these policies must be held accountable. America must stop putting its head in the sand and deal with the torture scandal that has rocked our military."

North Wales - I'll force police to publish full probe into Deepcut
"AN MP last night vowed to use new freedom laws to compel a police force to publish an inquiry into a North Wales army recruit's death. Mid Wales MP Lembit Opik (left) said he planned to make the Freedom of Information Act bid because he was "sick and tired" of Surrey Police's "secrecy"."

BBC news - UK EU presidency: It isn't all over
"Documents about the negotiations on the British rebate agreement in 1984 and released to the BBC News website under the Freedom of Information Act shows that having the presidency does count."

E-Health - Loophole could force release of deceased's records
"A loophole in the Data Protection Act means GPs could be forced to disclose the records of deceased patients, GP representatives are warning. The British Medical Association’s General Practitioner Committee reported after its monthly meeting last week that there are problems with how the Data Protection Act applies to deceased patients which means their records may fall within the categories of information that have to be disclosed under the Freedom of Information Act in England. The GPC says the Department of Constitutional Affairs is working with the Information Commissioner to investigate ways in which exemptions in the Freedom of Information Act may be used to prevent disclosure of deceased patients’ records. The GPC says it hopes guidelines will be produced in the near future."

Schedule 12A Local Government Act

Received from the ODPM about the delay in amending Schedule 12 A.
17 October 2005 (thanks to Philip for sending)

" ... in autumn last year we consulted on changes to the list of categories of confidential information provided in the 1972 Act. In response to comments received in that consultation we considered making several amendments to the proposals included in the consultation paper, and undertook some redrafting of the amending legislation.

Some difficulty was then encountered regarding the applicability of the Schedule to England and Wales. Following devolution, it was initially not clear whether changes to be made in relation to England would have effect in Wales, and since the National Assembly for Wales is now responsible for this matter within its jurisdiction, we needed to ensure that any legislation we passed would not have an unintended effect beyond our borders. Resolving this issue took some time and the way forward was not
fully clear until the spring of this year.

At this point a general election was called. Following that election the Office of the Deputy Prime Minister received a new set of Ministers and due to competing priorities in this period it has not been possible for less urgent matters to be take forward.

The amendments to Schedule 12A are intended to be helpful to local authorities, their members, stakeholders and general public in clarifying the position with regard to confidentiality of papers and meeting following implementation of the Freedom of Information Act. However the changes to the Schedule are by no means vital for a local authority to allow access to information and meetings or restrict these as confidential. The existing wording of Schedule 12A remains applicable until the new wording is provided for in legislation. For this reason the amending Regulations have not been accorded as high a priority as other, more urgent legislation and matters of policy.

We are currently aiming for the Order to amend Schedule 12A to be laid before Parliament in the next few weeks. Once the draft amending legislation is in place we intend to make this available to local authorities and others who have enquired after its progress."

Background

-ODPM- Local Authority Access to Information - a consultation (PDF)
-ODPM- Access to Information in Local GovernmentA policy paper on the current and future framework governing access to information for Local Authorities in England
Welsh Assembly - Review of Access to Information

Ireland: additional public bodies are to become subject to the FOIA

Press release from the Information Comissioner Ireland:

"The Information Commissioner, Emily O'Reilly, welcomes last Friday's announcement by the Minister for Finance that 109 additional public bodies are to become subject to the Freedom of Information (FOI) Act. With the inclusion of these bodies, the public will have access to the records of almost 500 public bodies. While the majority of these are specialist bodies with which the public does not interact on a routine basis, the list includes a number of regulatory bodies in whose activities the public will have a very keen interest (for example, the Medical Council and An Bord Altranais).

The Information Commissioner draws attention to the fact that, even with these additions, a number of public bodies of significance will remain outside the scope of the FOI Act.

In the area of the Department of Justice, Equality and Law Reform the following bodies are not proposed to be included: An Garda Síochána, Office of the Refugee Applications Commissioner, Office of the Refugee Tribunal, the Equality Tribunal, the Judicial Appointments Advisory Board.

In the area of the Department of Finance, amongst the excluded bodies are: Central Bank and Financial Services Authority of Ireland, Irish Financial Services Regulatory Authority, National Treasury Management Agency, State Claims Agency.

In the area of the Department of Education & Science: Vocational Educational Committees (33), the State Examinations Commission and the Residential Institutions Redress Board.

Examples of other bodies which continue to fall outside of FOI include: the Adoption Board, Irish Red Cross, the Personal Injuries Assessment Board and the Law Society (which might be included to the extent that it performs statutory functions under the Solicitors Acts). In the case of the Garda Ombudsman Commission, which is to be established shortly, one could expect it to be made subject to the FOI Act on the same limited basis as applies to the Office of the Ombudsman."

Identity Cards Gateway Review

Taken from the SpyUK FOIA request blog:"The Office of Government Commerce have, after being prompted by the Office of the Information Commissioner, clarified slightly the information which they held at the time of our FOIA request back in January 2005, regarding the Gateway Reviews of the Home Office's Identity Cards Programme."

"We are expecting a Preliminary Decision Notice, from the Office of the Information Commissioner, but not before the end of October (our original appeal was back in April), as it appears that lawyers are being consulted."

Track the history of the request

When the decision appears (soon?) from the ICO it will one of the most important decisions made so far in terms of access to information relating to high level policy. Of most interest to me will be the dicussion of the public interest considerations and the level of detail given by the ICO in the notice. It will also be interesting to note any comments by the ICO about the delays, particularly as SpyUK note, that delay alters the context of the information e.g."Could this delay have anything to do with the fact that the Committee Stage of the Identity Cards Bill, which might have been informed by this Freedom of Information Act request, will be completed by 19th July?"

Media update

The Guardian - Bank independence: whose idea was it?
"Papers released under the Freedom of Information act reveal that Treasury officials mooted the idea of an inflation target, like the one now pursued by the Bank of England, as early as 1990. The suggestion was eventually adopted two years later, when Britain's monetary policy was in ruins after the pound plunged out of the European Exchange Rate Mechanism."

Daily Telegraph - Tate paid £700,000 for trustee's work 'after being told he needed the money'
"E-mails released to The Sunday Telegraph under the Freedom of Information Act reveal that Chris Ofili's agent, Victoria Miro, went to extraordinary lengths to try to persuade the gallery to buy a piece of work by the celebrated artist, who is also a Tate trustee."

Cambridge Evening News - University slammed over arms investments
"UNIVERSITY Colleges are facing criticism for investing money in the arms trade after a pressure group "named and shamed" the worst offending universities. The Campaign Against the Arms Trade (CAAT) used the Freedom of Information Act to obtain information about higher education institutions with shareholdings in weapons manufacturers."

BBC news - Unravelling the school tables
"But no. It just collects them. So a colleague at BBC Radio 4 used the Freedom of Information Act to get them for every school. We republished our school tables to include them, and they show the hill many schools have to climb as the government moves the benchmark goalposts."

News and Star (Carlise) - Council boss’s 28% pay rise
"Figures released by the council under the Freedom of Information Act show that Mr Bruce’s annual salary jumped from £63,699 in 2000-1 to £81,592 in the current financial year."

Wood and Vale - Parking fine protester wins fight for freedom
"A MAN who had to resort to using the Freedom of Information Act to fight a parking fine has won his case against Camden Council."

FT.com - Openness grows over animal research
"Universities are becoming more open about their animal research programmes, a Financial Times survey shows. Reassured by more robust support from the government and police, institutions are abandoning a long-standing practice of collective silence in the face of animal rights extremism."

Sunday Times - Knife crime figures soar in counties
"The steepest rises have been recorded by county forces outside the biggest cities. The figures, released under the Freedom of Information act and covering 2002-04, show a total of nearly 25,000 knife crimes last year logged by the 30 police forces that supplied the figures."

Sunday Times - The gym, James! Cherie gets chauffeured armoured car
"CHERIE BLAIR has become the first prime minister’s spouse to be given an official government car and driver for her personal use, including shopping trips and visits to the gym. "

Norwich Evening News - Join the council - and see the world!
"A Freedom of Information (FOI) request by the Evening News has revealed councillors and officers have been going as far afield as Australia and Singapore on council business."

Croydon Guardian -Pressure back on Marlow Hill road safety chiefs to reveal all
"PRESSURE is mounting on road safety bosses to reveal how much money is being made from a controversial mobile speed camera site in Marlow Hill, High Wycombe. Scores of motorists have written to the Free Press, Midweek's sister paper, backing our request under the Freedom of Information Act to have figures released on the amount of fines issued and cash collected by The Thames Valley Safer Roads Partnership (TVSRP). The Bring Us Up To Speed campaign has now been step-ped up a gear, with our complaint now in the hands of the Information Commissioner the overseer of the Freedom of Information Act."

North Tyneside Today - Landfill protest slams contract
"A TWENTY year contract to handle North Tyneside's waste is not enforceable, full of holes, and needs to be scrapped, campaigners claim.
Under the Freedom of Information Act the ‘No to Landfill’ campaign group has obtained a copy of a 1997 deal between North Tyneside Council and waste management company Sita."

A logical voice - Aussie guidelines on how to destroy information
"Guidelines issued by the Australian government's Department of the Prime Minister and Cabinet advise public servants on how to avoid personal notebook comments being disclosed under the Freedom of Information Act. "As some comments included in notebooks may have the potential to cause embarrassment or could be misinterpreted if taken out of context, you should transcribe the information that needs to be recorded into a file note, record of conversation or minute, and ensure it is placed on the appropriate departmental file. You can then destroy the original notes," the guideline says."

Parliamentary update

Written question from the House of Lords:

Lord Lester of Herne Hill asked Her Majesty's Government:

How many Freedom of Information Act 2000 appeals have been dealt with by the Access to Information Central Clearing House since the coming into force of the legislation; what is the average time that has been taken in processing those appeals; and how many appeals are at present pending. [HL1633]

The Parliamentary Under-Secretary of State, Department for Constitutional Affairs (Baroness Ashton of Upholland): The Access to Information Central Clearing House has received over 2,800 referrals since the implementation of the Freedom of Information Act. In excess of 450 of these have been referred at internal review stage, while just over 60 are cases that have been appealed to the Information Commissioner's Office.

Information Tribunal

A little bit more information about the information tribunal: the Bridgnorth case (see previous post) was heard on paper, the Barber v Information Commissioner was heard on Friday of last week(October 14th) before John Angel sitting with 2 lay members, in London. Judgment was reserved.

Will be interesting to find out the reasons behind cases being heard on paper or orally.

Also interesting- you can match case nos from the ICO to the cases listed at the Information Tribunal site. E.g. from here you can deduce the Barber case relates to:

Case Ref: FS50067001
Date: 16/5/05
Public Authority: Inland Revenue
Summary: Complainant requested information regarding action taken by the Inland Revenue concerning specific instances of alleged failed standards. The Inland Revenue stated that this information was not held. The Decision Notice found that the Inland Revenue was not in breach of s.1. The complainant has lodged an appeal.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld
Full transcript of Decision Notice FS5006700

Open Government journal: some news

www.opengovjournal.org

A few things to alert you about about the Journal I also edit:

I have some books available for review, please contact me if you are interested in reviewing or know anyone who might be.

We have articles planned on the following topics for 2006:

-Freedom of Information legislation and confidentiality
-Decision Notices in the UK
-Freedom of Information and Security Information in Australia
-Freedom of Information legislationin Germay
-Freedom of Information legislationin Africa
-Freedom of Information legislation and commercial information
-The FOI/DPA interface
-Freedom of information legislation and the decased

Please do promote and suggest the journal to potential authors. I'm particulalrly interested to hear from authors from New Zealand, Ireland and Canada

Proposed themed issue

As the journal moves into its second year it will be important to keep momentum going and I'm thinking about different ways to attract authors. I'm therfore planning to run a themed issue at some point in 2006: the idea I have at present is Freedom of Information and the European Union. If anyone would be willing to write or you know someone would be willing to write on this topic please let me know. I'm also interested to hear of any other ideas for themed issues.

Stats

Since issue two stats have enabled for the journal site: Since publication of issue 2 in August there have been 3100 article downloads from the site and 1776 unique visitors since August. This gives a good platform to build on to grow the readership next year.

Issue 3 of the journal should be out mid to late November

Media update

Society of Editors' conference, Windermere
"A discussion on the impact of the Freedom of Information Act focused on whether it had worked in reality - and how the public and journalists have used and interpreted it.


Deputy information commissioner Graham Smith said the act appeared to be working well - but pointed out that it took time and it was unfair to judge it on its first nine months, where just 50 out of 2,000 requests had been answered.

Maurice Frankel, director of the Campaign for Freedom of Information, illustrated the talk by showing examples of stories which have been published because of the act. But he predicted that within six months a fee to request information would be imposed, possibly to control the flow of requests for information."

Scotsman - Trams £16.5m down the line
"MORE than £16.5 million of taxpayers' money will be spent on Edinburgh's trams before the scheme gets the final go-ahead.....Full details of TIE's spending since it was set up three years ago have been revealed to the Evening News following a request under the Freedom of Information Act."

Barking and Dagenham Post - Council's best-paid workers revealed
"SEVEN top-ranking council officers are earning more than £100,000 a year, the POST can reveal.The figures show that Chief Executive Rob Whiteman earns £153,015, higher than the average for chief executives in London."

European Civil Liberties Network - Launch
"The ECLN was launched on 19 October 2005 to provide a platform for groups working on civil liberties issues accross Europe. Participating organisations share the common objective of seeking to create a European society based on freedom and diversity, a society of fundamental civil liberties and personal and political freedoms, of free movement and freedom of information, and equal rights for all in Europe."

New decision notices

Full details at ICO website

Case Ref: FS50068232
Date: 10/10/05
Public Authority: Blythe Bridge High School
Summary: The complainant requested copies of all correspondence and other documentation held by the school relating to himself and his daughter, a pupil at the school. The school provided the information but failed to do so within 20 working days. The Decision Notice did not therefore identify any steps to be taken.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld.
Full Transcript of Decision Notice FS50068232



Case Ref: FS50069251
Date: 10/10/05
Public Authority: The Home Office
Summary: The complainant requested information on payments, together with copies of invoices, relating to a large bill settled by Chelmsford Prison between September 2003 and March 2004. It was alleged that the Home Office had not provided all the information. The Home Office replied stating that it held no further information than that already provided in response to a previous, similar request made by the complainant. Following the ICO's investigation, the Home Office provided copies of the invoices and the Commissioner is satisfied with the assurance that there is no further information available. However, a breach of the Act has occurred because the response was received outside the 20 working day limit.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld.
Full Transcript of Decision Notice FS50069251



Case Ref: FS50069224
Date: 10/10/05
Public Authority: The London Borough of Camden
Summary: The complainant requested a record of activity relating to a parking ticket and an explanation of what LBC inferred from it. LBC has assured the Commissioner that the Parking Attendant pocket book notes constitute the record of activity, a point initially disputed by the complainant, and a letter sent to the complainant on 20 January 2005 covered the second part of his request. The Parking Attendant's notes were provided to the complainant on 23 March 2005, outside the 20 working days allowed.
Section of Act/EIR & Finding: FOI s.10 - Complaint upheld
Full Transcript of Decision Notice FS50069224



Case Ref: FS50074785
Date: 05/10/05
Public Authority: Melton Borough Council
Summary: The complainant requested information about the use of council tax funds in the area of household waste and about the use of plastic cups within the council premises. It was alleged that information was withheld and that the requests were not responded to within 20 working days. Although the Commissioner is satisfied that the response was outside the statutory time limit but that all relevant information held by council was provided. As a result, the Decision Notice did not identify any steps.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld, FOI s.10 - Complaint Upheld.
Full transcript of Decision Notice FS50074785



Case Ref: FS50074993
Date: 05/10/05
Public Authority: The Governing Body of Ashcombe Primary School
Summary: The complainant requested copies of all correspondence regarding the felling of trees at the School. The School did not confirm or deny whether the information specified in the request was held within the 20 working day time limit. The Decision Notice identified the breach but did not require any steps to be taken as a response was subsequently provided.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld.
Full Transcript of Decision Notice FS50074993



Case Ref: FS50071195
Date: 04/10/05
Public Authority: Sherwood Forest Hospitals NHS Trust
Summary: The complainant requested information relating to changes in the services available at a local day hospital and alleged the response to this was late and incomplete. The trust responded outside the 20 working days and stated that some information was withheld on the grounds that it had been provided in response to a previous request. However, they did not issue the applicant with a notice stating that information had been withheld and the reasons for this. The trust has now issued a Refusal Notice and the Commissioner is satisfied with their assurances that all relevant information not previously provided has been released. Therefore, the Commissioner has not required the public authority to take any further action.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld, FOI S.10 - Complaint Upheld, FOI s.17 - Complaint Upheld
Full Transcript of Decision Notice FS50071195



Case Ref: FS50071196
Date: 04/10/05
Public Authority: Sherwood Forest Hospitals NHS Trust
Summary: The complainant requested information relating to policies on the transport of patients to the Accident and Emergency Department if Newark Hospital. It is alleged that information was withheld and that the public authority failed to provide the requested information in the time limit and so in this request the complaint is upheld. However, the Commissioner is satisfied that the Trust provided all of the relevant information held at the time the request was made.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld, FOI s.10 - Complaint Upheld.
Full transcript of Decision Notice FS50071196

Media update

Harborough today - Council consultancy totals nearly £0.5m
"ALMOST half a million pounds was spent on consultancy fees by Harborough District Council over the last two financial years. Using the Freedom of Information Act, which came into effect on January 1, The Mail has been told that £464,000 was spent on consultants in 2003/2004 and 2004/2005."

New blog

Those of you who are involved with implementing the re-use of public sector information regulations may like this blog http://rpsi.blogspot.com/: "maintained by Martin De Saulles, a Senior Lecturer at the University of Brighton. The site provides information on the re-use of public sector information including the implementation of EU Directive."

Looks very useful so far, nice to see another blogging lecturer out there!....Steve

First tribunal ruling

Bridgnorth journal - Trial files secrecy rap for council
"BRIDGNORTH District Council has been rapped for failing to give public access to court transcripts held by the Westgate authority. The Information Tribunal has ruled that the council breached the Freedom of Information Act in one of the first cases of its kind."

No details as yet on the tribunal website

Media update

Greenock telegraph- Bosses ring up £10,000 mobile bill
"TAXPAYERS are paying more than £10,000 to keep their top council bosses talking, writes Tristan Stewart-Robertson. Inverclyde Council runs a staggering 977 mobile phones to make sure everything runs smoothly in the area, according to new data revealed under a Freedom of Information (FOI) request."

Chester Chronicle - Oh, crumbs!
"HUNGRY councillors tucked into more than £12,000 of council tax-payers' funds in pre-meeting munchies last year. A request under the Freedom of Information Act revealed Chester City Council dunked its way through £12,479 worth of biscuits, cakes and sandwiches at meetings in 2004/05."

Academies and FOI

I can confirm Academies are not subject to FOI, I've received the following statement from DFES:

"In response to your question, Academies are not subject to the Freedom
of Information Act (FOIA). This is because the FOIA only applies to
public bodies, and Academies are independent schools (and also companies
limited by guarantee) and therefore not classed as public bodies."

It seems DCA may look at this when the consultation on further bodies to be added starts (date currently unknown)

With the planned expansion by the Government underway of Academies (200 planned by 2010) and public fears over accountability, surely swiftly bringing them under FoI is a way of assuring people over the their transparency?

Read more about how Academies are run

Decision notices: September 2005

Available from the ICO

Case Ref: FS50069723
Date: 26/09/05
Public Authority: Financial Services Authority (FSA)
Section of Act/EIR & Finding: FOI s.44 - Complaint Not Upheld

Case Ref: FS50073292
Date: 26/09/05
Public Authority: The Cabinet Office
Section of Act & Finding: FOI s.10 - Complaint Upheld

Case Ref: FS50073992
Date: 23/09/05
Public Authority: Medicines and Healthcare Products Regulatory Agency (MHRA)
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld, FOI s.10 - Complaint Upheld


Case Ref: FS50068767
Date: 23/09/05
Public Authority: University of Cambridge
Section of Act & Finding: FOI s.17 - Complaint Upheld, FOI s. 42 - Complaint Not Upheld.


Case Ref: FS50080409
Date: 14/09/05
Public Authority: The Foreign and Commonwealth Office (FCO)
Section of Act/EIR & Finding: FOI s. 10 - Complaint Upheld.


Case Ref: FS50071320
Date: 13/09/05
Public Authority: Crown Prosecution Service (CPS)
Section of Act/EIR & Finding: FOI s. 1 - Complaint Upheld


Case Ref: FS50067869
Date: 13/09/05
Public Authority: The Royal Borough of Kensington and Chelsea
Section of Act/EIR & Finding: FOI s. 1 - Complaint Not Upheld

Case Ref: FS50067937
Date: 12/09/05
Public Authority: Greater Manchester Police (GMP)
Section of Act & Finding: FOI s. 10 - Complaint Upheld

Case Ref: FS50064062
Date: 05/09/05
Public Authority: Luton Borough Council
Section of Act & Finding: FOI s.1 - Complaint Upheld

An example of FOI having an effect?

From Scotland - BBC news MSP expenses claims 'tightened'

The Scottish Parliament is to tighten procedures for examining MSPs' expense claims.
It follows the publication of hundreds of taxi expense claims by Scottish Conservative leader David McLetchie. McLetchie charged some journeys to his former law firm to the Holyrood account but failed to specify a start and end point on some expense forms. A parliament spokesman said its new guidelines would ensure MSPs were not confused by the process. Full details of Mr McLetchie's claims have been published by Holyrood following a ruling by Freedom of Information Commissioner Kevin Dunion. "We will now tighten our examination procedures where officials will ensure that a clear destination is stated in every case and will advise members accordingly": Scottish Parliament spokesman. The Scottish Parliament Corporate Body (SPCB) had refused to give details of the journeys as it felt doing so could compromise his safety and security.

Media update

BBc News - Minister found guilty of sex bias
"A government minister has admitted breaking the Sex Discrimination Act by appointing a "weaker" candidate to a prestigious job...When he was passed over in favour of a woman applicant who was the interview panel's third choice, he applied under the Freedom of Information Act to see the notes made by the interview board."

Egov monitor - Public sector should adopt Creative Commons
"Report says new licensing regime will boost access to government dataCreative Commons. licenses (CCLs), a license system that protects the rights of data creators whilst encouraging the sharing and re-use of their works, should be used more widely by the public sector.The recommendation comes in a report by the Common Information Environment (CIE) Group, which points to many advantages of the system for the public sector, including minimum administration requirements and the provision of free resources to users that can legitimately be reused and redistributed."

Guardian - No waiting rooms, no luggage trolleys, no telephones ... worst stations are named
"Stations that provide the worst facilities for passengers are revealed today by the National Audit Office, following a request by the Guardian under the Freedom of Information Act."

Aberystwyth Today- Kidney patient fears infection
"ABERYSTWYTH’s privately-run dialysis unit could be a health-threat, it was claimed this week. A woman battling kidney-failure complained that allegedly dirty floors, sinks and lavatories at the unit attached to Bronglais Hospi-tal could worsen the risk of exposing already weakened patients to the deadly MRSA superbug...But detailed MRSA figures released under the Freedom of Information Act early this year showed hospitals in Ceredigion had the lowest MRSA infection rate in Wales."

Norwich Evening News - MP wants release of cadmium documents
"A Norfolk MP is using Freedom of Information legislation to help solve the riddle of a possible link between chemicals sprayed over Norwich four decades ago and high rates of oesophageal cancer"

Newcastle Evening Chronicle - Town hall trips cost £95,000
" Council tax payers shelled out around £95,000 for trips abroad by some of the North East's biggest town halls last year.Officials and councillors visited cities across Europe and in some cases America and the Far East.The Chronicle obtained details of the trips under the Freedom of Information Act."

Lincolnshire Echo - PROSTITUTES, DRUG USERS AND DRUNKS
"Staff at Lincoln Central Library have to deal with pornography, drug taking and even prostitution, the Echo can reveal today. According to the library's incident book all these activities and more have been witnessed by staff in the last 12 months, often on a daily basis.The book, obtained by the Echo under the Freedom of Information Act, details occasions when library users have been caught looking at pornographic Internet sites as well as drug taking in the toilets."


Data Protection
Outlaw.com - Durant ends his data protection battle
"Michael Durant, who lost a landmark Court of Appeal ruling on the meaning of "personal data" two years ago, has withdrawn his petition to the House of Lords. This means the House of Lords will no longer review the Court of Appeal's narrow interpretation of the definition."

You may want to alse re-read the ICO note: "The ‘Durant’ Case and its impact on the interpretation of the Data Protection Act 1998." (PDF)

FOI - Hong Kong
Hong Kong Standard -Information rights code lacks real bite
"Effective since the end of 1996, Hong Kong's Code on Access to Information contains all the elements of a freedom of information law, with similar principles and formal procedures for requests and with a 21-day response time. But unlike a real law, it has no statutory force and unlike an independent information commissioner, its requests and complaints are monitored from within the government."

Media update

Financial Director - Brown's economic data under attack
"The Treasury’s refusal to reveal key data it has fed into the Economic Modelling Computer is being challenged by Birmingham Yardley Lib Dem MP John Hemming."

Glagow Evening Times - EURO jobs bid dismissed as 'sham'
"SNP researchers obtained confidential documents under the Freedom of Information Act that appear to show that the Glasgow bid was being used as a bargaining tool by Whitehall, with London officials keen to withdraw it in the hope that it would strengthen their own attempts for a European police centre in Hampshire."

FEnews - NATFHE Highlight New Funding Row
"NATFHE and the AUT recently used the Freedom of Information Act to reveal how the money to-date has been used. Evidence of wasted expenditure has since been forwarded on to a select committee who are set to quiz the Department for Education and Skills (DfES) on their past, present and future spending plans."

Guardian - MoD papers reveal Falklands nuclear fear
"British commanders sailed into the Falklands war deeply concerned that the Argentinians could capture their nuclear weapons, previously secret official papers reveal."

Scotsman - POLICE are paying out thousands to injured officers
"Figures released under the Freedom of Information Act reveal that Scottish
forces have paid out almost £5 million since 2000."

Daily Telegraph - £1M 'wasted' on health policy consultation
"OLR's £900,799 fee was revealed by the Department of Health following
a request made under the Freedom of Information Act."

The Register - Info Commissioner to crack down on FOI shirkers
"Dawn Monaghan, head of strategic support for FOI at the IC, is overseeing a review of the public sector's response to FOI laws introduced in January. The findings, she said, will be used to create a yardstick by which the IC will judge how seriously public sector organisations are taking their responsibilities toward freedom of information....Scheduled for publication in December, the review will determine what classes of information have been made available in the publication schemes of different types of organisation. It will be noted, for example, if hospitals in Cheshire typically publish the minutes of their chief executive's meetings, but hospitals in Kent do not. Those who fall short of the mark will be expected to have a good reason why they are withholding information from the public."

New Journal, a north London publication have been using the Act for many of their stories:

- http://www.camdennewjournal.co.uk/090105/cn090105_03.htm

- http://www.camdennewjournal.co.uk/061605/n061605_07.htm

- http://www.camdennewjournal.co.uk/092205/cn092205_02.htm

- http://www.camdennewjournal.co.uk/190505/n190505_05.htm

- http://www.camdennewjournal.co.uk/042805/n042805_12.htm

Academies and FOI

The Guardian- Mysterious benefactors What exactly are school sponsors for?
"Nor were they gained with the uplifting help of the ICT GNVQ (worth four GCSEs, but excluding maths and English) favoured by so many "rapidly improving schools". Although quite how many academies are improving in this way is vague since they are now apparently outside the Freedom of Information Act, so one can't ask questions about it."

Comment - Does anyone know what the situation is related to School academies? - looking at the FOIA2000 only maintained schools are subject to the Act. Academies would not fall under this category. Does anyone who works with the secondary sector know any plans to make them subject to the FOIA? I presume the DCA may be looking at this in their ongoing review of bodies not currently subject to the FOIA.....I have sent a query to DFES.....Steve

Disclosure log

New disclosure log added from Highlands and Islands Enterprise (Scotland)

International Media update

Canada FOI
Globe and Mail - Indian Affairs contract attacked for provision prohibiting paper trail
"OTTAWA -- Federal officials are under fire for a $132,000 contract signed with an outside consultant that specifies the firm must leave no paper trail in government offices."

Hill Times - Access Commissioner John Reid produces his own access bill
"Justice Minister Irwin Cotler has been promising a draft government access bill to the House Access to Information Committee, but has so far not delivered. So Access Commissioner John Reid produced his own."

FOI - Antigua
Antigua Sun - Freedom of Information Act proving ineffective
Nearly two months after the announcement of her appointment under the Freedom of Information Act, Millicent David is yet to receive her instruments of appointment as the country's first Information Commissioner.

FOI- Bangladesh
New Nation -Information law to help reduce corruption
""The information act would ensure the accountability of the government and make democracy effective in the country," they felt. National Dialogue on The Role of lawmakers in ensuring Right to Information for All was organised by All Party Parliamentary Group (APPG) on Bangladesh Development Forum (BDF) and WTO, and Manusher Jonno ,an NGO."

FOI - India

Press release - National Campaign for People’s Right to Information (NCPRI)

On the eve of the Right to Information Act coming into force, the National Campaign for People’s Right to Information (NCPRI) is disturbed by newspaper reports indicating that the Government of India has decided to appoint primarily retired and serving civil servants to the Information Commission of India. If this is in fact correct, then it is very unfortunate that, despite earlier protests by many civil society groups and the NCPRI, the Government of India has nevertheless opted for appointing not one or two, but all four of the Commissioners and the Chief Information Commissioner from among retired and serving civil servants.

Read the full release: NCPRI.doc

Act Now newsletter

The October 2005 issue of the Act Now newsletter, going to 3,677 subscribers, is now available for viewing or download

Stories include

Major FOISA Conference in February 2006
FOI and the journalist's point of view
Decision notices
Council Tax & Data Sharing
Your credit history
New Staff for Information Commissioner

New FOI Bulletin Board

Act Now Training have launched a new FOI bulletin board. You can post
your queries and see what issues face colleagues in the public sector.
You do not have to receive every posting and can dip in and out as
required. There are also bulletin boards for DPA and surveillance law.

See www.actnowtraining.co.uk

Information Commissioner: Delay and Indecision

Taken from the "Your Right to Know"webiste run by Heather Brooke, sheds further light on the current problems at the ICO in terms of the management of appeals and the stanard of decision notices:

"I have uploaded the caseload database from the Information Commissioner’s Office, which I received 4 August 2005.It was quite a long process getting this database. Originally, in response to my 1 June 2005 FOIA request for ‘all complaints’ I was given a database containing just 375 entries. I knew from attending conferences that the Information Commissioner’s Office was already up to 1,000 complaints when I made my request, so I telephoned and discovered they had misinterpreted in an overly restrictive way. They agreed to send me the outstanding information in electronic form."

In supplement to Heather's posting:

*the Scottish ICO investigations manual makes interesting reading in comparison to what we know of the UK process

*The memorandum of understanding between the Information Commissioner and Government Departments, definitely points the cynics among us to comment on different, "less public" treatment for central govt compared to the rest of the public sector and the shyness of the ICO related to "big" decisions.

CIPFA events

CIPFA Better Governance Forum
When FOI(S)A Met PSI - Opportunities & Challenges
23rd November 2005 (Edinburgh)
Further details: Julie LeMasurier 020 8667 8598,

CIPFA Better Governance Forum
Focusing on Data Protection Workshop - The Way Forward
1st December 2005 (London), 5th December 2005 (York) & 6th December 2005 (Birmingham)
Further details: Julie LeMasurier 020 8667 8598,

Media roundup

The Register - BBC blew $375k on bbc.com
"The BBC has defended its decision to blow $375,000 (£212,000) of public money on the bbc.com domain....But following a request under the Freedom of Information Act the broadcaster has finally come clean."

Guardian - As the US lowers the nuclear threshold, debate is stifled
"The MoD was asked to release studies it has made assessing the threats that might be deterred by a Trident replacement. It replied that though there was a "strong public interest" in the UK having a "credible nuclear deterrent", "it is felt that releasing information about the potential value of a deterrent capability ... could damage national security, and we do not believe there would be any public interest in doing so".


Guardian - Out in open: notes from war bunker to be released
"Historians seeking an accurate record of how Winston Churchill governed Britain from his Whitehall bunker in the darkest days of the blitz will from next January be able to read the contemporary notes taken by the cabinet secretary at the time, breaking a tradition which has protected these documents for more than 60 years. The decision to release the notebooks follows pressure from Lord Phillips, the new lord chief justice, to publish the notebooks under the Freedom of Information Act."

Guardian - Watchdog blames councils over flood risk
"Documents released under the Freedom of Information Act show how councils and developers disagree with the agency's opinion about the risks."

Wales on Sunday - Record teacher payouts
"TEACHERS have received almost £400,000 in compensation in the past three years after being attacked or injured in the classroom."

Mirror - TOXIC GAS TESTED ON NORWICH
"HUNDREDS of lives may be at risk because of secret Cold War chemical trials carried out by the Ministry of Defence.RAF planes released clouds of zinc cadmium sulphide (ZCS) over Norwich in 1963 and 1964 to assess the effects of a biological attack....And thanks to data released under the Freedom of Information Act it is known that ZCS was dispersed over a 26-mile route which began in rural Norfolk and continued across Norwich to the coast."

Newcastle Evening Chronicle - Banned motorists flouting the law
"Figures obtained under the Freedom of Information Act show 5,077 people in the Northumbria Police area have been convicted for driving while disqualified in the last three years."

Scotland roundup

Scottish Executive
"More than two thirds of Scots are aware of new rules under the Freedom of Information Act nine months after its introduction, a special conference in Edinburgh was told today.Minister for Parliamentary Business Margaret Curran said:
"FOI has already given people the opportunity to find out more about their local schools, hospitals and councils and the feed back to date is generally positive."

"We will also be reviewing whether there is still a need for the Ministerial certificate exempting certain G8 related information from FOI on grounds of national security.

"The review being proposed will allow individuals and public bodies to express views on any aspect of the operation of the new regime, in particular the operation of the fees, public bodies that are or should be within the scope of the legislation and whether there is a continuing need for a Ministerial certificate protecting certain G8 related information"

Read the news release

From the Scottish IC
-The second wave of the Commissioner's TV advertising campaign will be launched on 5 September and will run for 6 weeks. The initial showing in February and March of this year contributed to a sharp rise in public awareness about freedom of information. This time the advert carries a freephone number, inviting viewers to call for a new information pack. The pack provides more information about the public's rights under the legislation and includes sample request, review and appeal letters. Further stocks of the Your Right to Know leaflets and booklets have also been distributed widely to coincide with the advertising.
(interesting contrast to the delay to the campaign in the UK)

-A new technical investigations procedure note was added to our investigation procedures on 1 August 2005 for cases where a technical breach appears to have taken place

Scotsman - Scots may face rise in cost of digging out information
"NEW charges could be levied on Scots seeking documents under freedom of information legislation, the Scottish Executive has revealed..It is already clear that some lessons could be learned, for example, on the operation of the fee structure and what bodies are covered by the act. Last night a spokeswoman for Ms Curran said the minister had not ruled out a flat rate charge for all freedom of information requests, though that was unlikely as it might deter members of the public."

Public advertising campaign on FOI "on hold"

Taken from the latest Public Partners newsletter:

"Richard Thomas, the Information Commissioner has told a high level legal conference (CLT 23 September 2005) that the public advertising campaign for freedom of information is on hold for the foreseeable future. Tracking research to be published by the Office of the Information Commissioner in a few weeks time apparently shows that there is already an increased awareness of freedom of information amongst the population. Keep an eye on www.ico.gov.uk for the research"

Qualification in information rights

The DCA have agreed a contract with a UK University for the development of a qualification in information rights to commence in 2006. Expect an announcement soon from the DCA.

Act Now Conference

I chaired the annual Act Now FOI Conference last week. You can download my slides from my opening presentation:

Act now slides (PPT)

A few issues emerged readers may be interested in:

Progress report from the ICO:
-Complaints received 1642
-Cases closed 436
-Open cases- 1206
-Decision notices C50
-Information Tribunal 15

-The DCA fees review and consultation on new bodies to be added to the FOIA will be completed this Autumn

Latest stats from DCA

Freedom of Information statistics April - June 2005
The second quarterly report providing statistics on implementation of the act across central government covers April to June 2005.

Executive summary
Departments of State reported receiving a total of around 3,800 “non-routine” information requests during the second quarter of 2005 (“quarter 2”). Other monitored bodies received a total of around 4,600 requests. Across all monitored bodies, around 8,400 requests were received, of which 89 per cent had been processed at the time of monitoring.

During quarter 2, 88 per cent of all monitored bodies’ requests (excluding those “on hold” or lapsed) were “in time”, in that they were processed within the statutory deadline of 20 working days or were subject to a permitted deadline extension.
Of all “resolvable” requests received during quarter 2 (i.e. requests where a substantive response was possible), 59 per cent were granted in full, 12 per cent were withheld in part, and 19 per cent were withheld in full. The remaining requests had not yet received a substantive response.

During quarter 1 and quarter 2 combined, monitored bodies had a total of 806 requests referred for Internal Review on the grounds that information was withheld. Of the 564 Internal Reviews with a known outcome at the time of monitoring, 79 per cent resulted in the initial handling of the request being upheld in full.


Download the full report

New Disclosure logs


New disclosure logs added for

-South East London Strategic Health Authority
-Metropolitan Police Authority

Media update

The Times - Freedom to interfere? No minister, it's too sensitive
"The Times has learnt that, in a piece of pure Sir Humphrey logic, Whitehall has blocked a freedom of information request about the workings of the Freedom of Information Act because the information that might be freed is far too secret for public consumption."
Aslo see Al Roberts' website
"After March 1, 2005, the responsibility of handling cases referred from DCA has been assumed by the Cabinet Office's Ministerial Support Team (MST). See paragraphs 7, 8, 19 and 23 of the March 2005 version of the Toolkit and the same paragraphs of the July 2005 version of the Toolkit. (The Toolkit is also available on DCA's website.)On September 29, 2005, Cabinet Office refused a request for further data on cases referred from the Clearing House. Read the denial letter. The request was filed on April 13, 2005; Cabinet Office required over five months to issue this denial."

The Times - How requests are stalled
"The document advises officials always to consider whether they can use “the principle of Neither Confirm Nor Deny” to bat away an application for information. “The principle of Neither Confirm nor Deny (NCND) is long established and is known to many in its use by those responding to difficult questions from the press,” the guidance says."

The Times - Government's secrecy culture blocks freedom of information
"THE operation of the Freedom of Information Act is in severe difficulties because of a mounting backlog of appeals against Government secrecy."

The Times - Costly Crown Copyright
"In an unusual alliance, pro-democracy advocates and big business want an end to the complex copyright system in which public authorities up and down the country are restricting access to everything from staff directories and restaurant inspections to tidal timetables."

Sunday Herald - NHS court battle over freedom of information
"THE Scottish Information Commissioner, Kevin Dunion, is being taken to court by the National Health Service in an attempt to keep controversial cancer statistics secret."

Sunday Times - Private equity shuns the ‘tell-tale’ councils
"Under the freedom of information act anybody can request details on local government investments in private equity. Firms are worried their confidential data could be made public despite a clause in the act allowing confidential commercially sensitive material to be exempt from disclosure."

Daily Mail - Bizarre conduct at a time of crisis
"Catastrophic blunders... bullets pumped into an unarmed man... misleading information peddled about his 'suspicious' behaviour... Metropolitan Commissioner Sir Ian Blair admitting he wasn't told for 24 hours that his officers had shot an innocent Brazilian... public confidence in the Met has never quite recovered."

Crown Prosecution Service Press release
"Figures released today by the Department for Constitutional Affairs show that the CPS continues to respond in good time to the vast majority of Freedom of Information requests.With regard to the percentage of resolvable requests granted in full, most requests have been for information contained within current or recently completed prosecutions."

Scotsman - MSPs claim nearly £52k in taxis
"The figures, released under the Freedom of Information Act, showed that in 1999 - the year the Parliament was established -the total came to £25,514.38."

Bucks Free Press - Thames valley top for fines
"FINES amounting to millions of pounds were paid by motorists caught by speed cameras in Thames Valley last year the highest in England, new figures have revealed."

Guardian - MoD shuns Trident debate
"The Ministry of Defence is refusing to release any information about the replacement of the Trident nuclear missile system, including the costs and even whether it is needed to deter an enemy."

BBC news - Tracking the anti-apartheid groups
"Documents obtained by the BBC show that the Metropolitan Police closely monitored the activities of the anti-apartheid movement for 25 years."

News shopper - Council fails to meet guidelines
"EDUCATION campaigners have criticised the council for failing to meet targets on releasing information to the public.The New School Campaign asked Lewisham Council for three sets of documents in June, under the Freedom of Information Act (FOI

Sunderland Today -£170,000 legal bill for Porton Down probe
"POLICE chiefs investigating chemical tests on servicemen at the notorious Porton Down base have spent £170,000 of taxpayers' money on lawyers.
Former serviceman Gordon Bell, who was one of the recruits used "as a human guinea pig" in military experiments, unearthed the costs under the Freedom of Information Act."

Fire Brigade Union - ODPM Spends Twice as Much on IT Consultants for Fire Control Closures Than They Spend on Community Fire Safety

BBC News- Gate Gourmet rapped over hygiene
"Environmental health officers from the London borough of Hillingdon found breaches of food safety laws in the company's operations at Heathrow airport earlier this year, according to documents obtained by the BBC under the Freedom of Information Act."

US FOIA

P2Pnet - US fed database 'unsearchable'
"But, “TSA recently began notifying the passengers who filed Freedom of Information Act (FOIA) and Privacy Act requests that it lacks the ability to easily search its records,” says the EFF"

Africa
Sunday Times (co.za) -SA fares poorly in transparency survey
"Of the 14 countries included in the results of the study, South Africa ranked 10th in terms of releasing information requested. More than 60% of access for information requests in the study were ignored."

Radio4 Programme

From last Tuesday (as previously trailed)
The Right to Know- Examining the impact of the Freedom of Information Act
Radio 4 - listen again. (40mins long)
"Michael Crick examines the impact of the Freedom of Information Act and asks whether government openness has really displaced the old habit of official secrecy."

The programme, presented by Michael Crick contains interviews with Richard Thomas and other people involved from both sides of the FOI coin. (40mins long)