30.12.04

Guardian

At last, Whitehall declares opening time
Many believe 'need to know' culture lives on in public sector


Rob Evans
Thursday December 30, 2004
The Guardian

Government in Britain is supposed to change substantially on Saturday when the Freedom of Information Act finally comes into force. The old culture of "need to know" is to be replaced by the right to know.

Ministers are promising that officials will assume that the public is entitled to know what is going on within government.

Lord Falconer, the minister in charge of freedom of information, emphasises that the act is not solely for the media and researchers to prise secrets out of Downing Street but will give ordinary members of the public a greater chance to get information from the public sector.

But many are sceptical that officials' secretive habits, and this government's reliance on spin and control, will melt away.

Whitehall has taken a long time to get to this position. A freedom of information act was first promised by Labour in 1974, but nothing happened. The Blair government eventually passed the act in 2000, then delayed its introduction for five years.

More than 50 other countries have passed such legislation before now, the first being Sweden in 1766.

Almost every organisation funded by the taxpayer is subject to the act. It covers 100,000 public bodies, including local councils, Whitehall departments, quangos, schools, local NHS trusts, and GPs.

Anyone can make a request, regardless of age, where they live or nationality. They merely have to send in a written request, specifying what they want to see.

Records will not be released automatically; officials can refuse access if they believe the information falls within one of 23 exemptions. These range from national security to disclosures that could obstruct the police in pursuit of criminals.

A potential problem for applicants is delay. Public bodies have not been given extra money to deal with requests. The public is entitled under the act to receive a response within 20 working days, but it seems inevitable that applicants will have to wait longer.

There is also concern that, even though the public authorities have had five years to prepare, they will not be ready.

Friends of the Earth tested the system by submitting requests to 122 local authorities under environmental openness provisions which have been in existence for over 10 years.

It wanted copies of contracts placed with waste firms. Nearly 50 of the councils failed to respond. Another 20 claimed to be still dealing with request three months after they should have replied. Thirty-one councils released the requested information.

Even the Department for Constitutional Affairs, which is in charge of freedom of information, took four months to respond properly to a request from the Guardian for documents relating to the committee overseeing introduction of the act.



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