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Archives for May 2007

Police FOI in Ireland and Birmingham

Martin Rosenbaum | 16:28 UK time, Thursday, 31 May 2007

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Interesting to note that the will now become subject to freedom of information. And this is a good reminder that the UK FOI system is much more wide-ranging than some international counterparts in terms of the extensive list of public bodies that it already covers.

Indeed some of the most interesting disclosures in the UK have come from police forces. Here's one reported in today's , about the lack of body armour for police support officers, which actually provides a good example of the use of FOI by an MP (Tom Watson) to get information that he could not obtain from ministers.

OGC still fights Gateway case

Martin Rosenbaum | 11:45 UK time, Wednesday, 30 May 2007

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Update on yesterday's entry:
The Office of Government Commerce is not releasing the Gateway review of the ID cards project, but is appealing the Tribunal's decision to the High Court. The OGC says it regards confidentiality as essential to the Gateway process. Unsurprisingly this decision does not meet with the approval of today's .

Is the gateway open?

Martin Rosenbaum | 10:41 UK time, Tuesday, 29 May 2007

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The Department for Trade and Industry isn't happy at the way freedom of information is going, as the recently reported of the Trade Secretary Alistair Darling make clear.

The DTI doesn't like the fact that FOI disclosures have to be decided on a case-by-case basis, because of 'the incremental harm to the policy development process that must inevitably arise from the disclosure of individually innocuous submissions'.

There is clearly deep unease within the DTI about decisions from the Information Tribunal that have now started to open up the highly sensitive area of policy discussion within government - a development I have noted before.

Mr Darling's letter refers to the 'discernible trend within the Information Tribunal that decisions on the public interest test have not been falling in the government's favour in key cases'. Perhaps Whitehall will derive some hope from the suggestion that the problem of delay, which has badly affected the rest of the FOI system, may now threaten the Tribunal's operations too. This is according to a useful about caseflow on the IMPACT blog about information law, although the Tribunal is responding by trying to speed up its processes. Currently about a quarter of the Commissioner's decisions are appealed by one side or the other to the Tribunal.

In another more recent and also important , the Tribunal has ruled that the Office of Government Commerce should release a of the ID cards project. The OGC has until tomorrow to announce whether it will comply or fight on by appealing to the High Court - and this will be a very interesting decision in what is a significant test case.

FOI round-up

Martin Rosenbaum | 16:38 UK time, Friday, 25 May 2007

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The Campaign for Freedom of Information is that we should believe the briefing about Gordon Brown's intention to drop the government's planned restrictions on FOI, whatever the views of the ministers currently involved ... There's a significant Parliamentary against the eager reporting in the Mail on Sunday and elsewhere of David Maclean's now quad bike ... The presentations from yesterday's FOI Live conference are available . The Information Commissioner Richard Thomas indicated that he would help public bodies dismiss 'vexatious' requests and that he will also be promoting a charter for 'responsible' use of FOI by those seeking information.

No further details

Martin Rosenbaum | 12:04 UK time, Wednesday, 23 May 2007

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David Maclean has now announced that he would like his Bill on MPs and FOI to be amended so that it requires the Commons to publish every year the figures for MPs' travel, accommodation, incidental expenses, secretarial and other allowances.

This would convert the Speaker's pledge to do this into a legal obligation. It will be presented as a compromise and may shore up some of the diminishing support for the Bill. But it would make little difference to its actual practical impact.

The Bill would still exempt Parliament generally from freedom of information. So even if the Commons has to carry on publishing the summary information about MPs' allowances that it already does, it means that MPs would not be threatened by further cases where the Information Commissioner might force them to reveal more and more detail about how they spend their allowances. Some MPs back the Bill because they would find more detailed disclosures uncomfortably intrusive.

And the Bill would also completely rule out other requests (one example ) to the Parliamentary authorities for information relating to how the Houses of Parliament are run.

Common-think

Martin Rosenbaum | 09:46 UK time, Wednesday, 23 May 2007

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Group-think - have you ever succumbed to it? I know I have.

You share experiences and interests with the rest of a group, you reinforce each other's assumptions and beliefs, you embrace the apparent consensus - and then you're taken aback when you discuss it with outsiders who turn out to have a very different perspective on the issue involved.

It's not an unknown phenomemon in the 91Èȱ¬. Nor is it in the House of Commons.

Last week, when I heard MPs talk about the need to amend the FOI law to put themselves outside it, I was struck by the disparity between how they regarded their own concerns about their position and how their action would be regarded by the general public - and by their apparent ignorance of the size of this disparity. Perhaps not so much group-think as Commons-think or possibly common-think.

Anyway the Labour and Tory leaderships have clearly realised, if somewhat belatedly, the damage to the reputation of Parliament caused by the passing of the Maclean Bill, whatever their view of the merits of it. Those words 'compromise' and 'climbdown' are in the air.

The Bill will clearly not pass the Lords in its current form, if it passes at all.

Clause 1(2) in the Bill exempts all information held by Parliament from the FOI Act. Clause 1(3) exempts MPs' correspondence held by other public authorities. These two proposals are completely separate. If the Bill had only included the latter in the first place, and not the former, then (leaving the other arguments aside) it would have been much better for the public standing of the British political class.

But, whatever happens with this Bill, it's also worth reviewing the state of current ministerial thinking on the government's . These will have much more impact in curtailing FOI than the Maclean Bill.

Currently public bodies can turn down FOI requests if it would take too long to find the information. The government wants to allow them also to take into account the cost of reading it and considering and consulting others on whether to disclose.

Ministers are still keen on this plan, even though they are now also consulting the public on whether any change to the FOI rules is necessary at all. They argue that these costs exist and so in principle should be reflected. They understand the counter-arguments - that in practice their plan will prevent valuable disclosures, while being open to abuse, providing perverse incentives to inefficiency, and prompting an increase in appeals which would reduce the cost savings. They look to the Information Commissioner to deal with such problems.

The other government proposal last December was to allow public bodies to 'aggregate' all the requests received from one organisation within three months in working out whether the cost limit is exceeded, even if they are completly unconnected. However ministers have clearly taken on board the criticisms of this idea.

In March Lord Falconer stated that if requests 'are genuinely different then aggregation should not apply'. The ministerial viewpoint is that aggregating requests is purely to stop requesters getting round the cost limit by splitting up one request into several different ones, and that authorities should not be allowed to aggregate unrelated requests. The government is naturally reluctant to present this as a climbdown. But it is clear that Falconer's remarks in March are now the government's official position, and that this is different from the proposal in the government consultation last December.

So at the moment we can still expect the goverment to proceed with a part of its plans to restrict FOI. But of course such a decision may well be perceived in a very different way inside ('necessary reduction of an excessive administrative burden') and outside ('outrageous obsession with secrecy') official circles. And it may well be a different group of ministers taking the final decision, chosen by Gordon Brown. Will they worry about being trapped by group-think?

Meanwhile I'm going to a freedom of information tomorrow, with hundreds of other people who will happily spend all day discussing FOI, because it's one of the most fascinating and important topics facing the country today. But then everyone thinks that, don't they?

Neutral or increasingly secretive?

Martin Rosenbaum | 10:31 UK time, Monday, 21 May 2007

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As the Maclean Bill has been proceeding through Parliament over the past few months, one notable phenomenon has been the apparent reluctance of many of its MP supporters (with a few honourable exceptions) to appear on TV or radio to explain why they think Parliament should be exempt from freedom of information. The public debate on this issue has been remarkably one-sided.

However since Friday's vote the Labour MP Tom Watson has defended his backing for the Bill on , much to the exasperation of . (If you want to read a blogging MP who voted against the Bill, you could try .)

Now that the Bill is going to the Lords, it will be interesting to see if Lord Falconer speaks to it or leaves that to his junior in the Justice Ministry, Baroness Ashton. In January the Guardian that Falconer was then trying to get the government to block the Bill, warning his colleagues that unless it did so it would be perceived as an 'increasingly secretive government'. But the government decided to take an officially 'neutral' stance on the Bill, while generally suspected of encouraging it behind-the-scenes.

So assuming Lord Falconer still thinks the same way, will he manage to have more influence with his colleagues in the Lords?

Billericay tricky

Martin Rosenbaum | 17:14 UK time, Saturday, 19 May 2007

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The MPs who backed the Bill yesterday to exempt Parliament from FOI say they are worried about cases where personal information about their constituents could be disclosed by public authorities due to freedom of information.

I've been on the lookout for any examples of this actually happening - ie, cases where public authorities have under FOI put into the public domain correspondence from MPs which contains personal data about constituents, where that personal data should not be disclosed. From the information provided in the debate yesterday in the Commons I have only found it possible to track down one alleged instance of anything like this.

Simon Burns, the Tory MP for West Chelmsford, referred to a newspaper using FOI to obtain correspondence between Bob Russell, the LibDem MP for Colchester, and Colchester Council. I think he is probably talking about .

However this article doesn't tell the people of Billericay anything about the contents of Mr Russell's letters, let alone any personal data about his constituents. It just recounts how many letters he writes, which in his case is quite a lot.

Is this really illegitimate FOI-based journalism on the part of the Billericay Weekly News? Well, as it happens, this kind of thing won't actually be stopped by the . The Bill would only prevent public authorities releasing the contents of MPs' letters, not information about the numbers they receive.

Next stop - the Lords

Martin Rosenbaum | 14:17 UK time, Friday, 18 May 2007

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The Bill to exempt MPs from freedom of information has passed the House of Commons, as the tactical manoeuvres of those backing it proved superior to the tricks employed by the smaller number of MPs who are opposed.

This is testament to the organising ability of the MPs behind the Bill, as well as the support it has received from the backbench officers of the Parliamentary Labour Party. Of the 96 MPs who backed the Bill in the final vote, there were 78 Labour and 18 Tories (and no LibDems).

Now it will go to the Lords, where it will again encounter some fierce opposition, particularly but not exclusively from some Liberal Democrat Peers. It has already this afternoon been subjected to a sideswipe in the Lords from the Tory, Lord (Kenneth) Baker. But doubtless David Maclean, the MP who has successfully guided the Bill so far, has got his ideas about how to get it through the Lords too.

The debate in the Commons this morning was mainly noted for the tedious parliamentary time-wasting that was tactically required by the situation. The biggest laugh (unintentionally obtained) went to the justice minister Bridget Prentice when she stated the government was neutral on the Bill.

Learning to live with FOI

Martin Rosenbaum | 11:26 UK time, Thursday, 17 May 2007

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Another argument seems to be surfacing now among MPs who say they are concerned about the privacy of their correspondence with public authorities, ahead of the Commons vote on the Maclean Bill tomorrow.

One Scottish Labour MP told me this week that, because of freedom of information, he is now worried that if he writes on behalf of a constituent to his council, which is not Labour controlled, a council politician could tip off an MSP from their own party who using FOI could then get the MP's letter and write to their joint constituent before the MP gets the information from the council needed for him to reply to said constituent.

Of course some would point out this would be a breach of the data protection exemption to FOI, but anyway it is striking how the Maclean Bill (which incidentally wouldn't affect Scottish authorities) is winning support from many MPs. Its supporters appear confident they have the backing of over 100 MPs - the number needed to block filibustering opponents - but whether all of them will want to turn up tomorrow and defy the sort of criticism they will face if they back the Bill is another matter.

Meanwhile last week blaming the Information Commissioner for threatening the confidentiality of MPs' correspondence on behalf of constituents have not gone down well in the Information Commissioner's Office. As they point out, it's a matter of public record that the Commissioner has not actually issued any decisons on this issue one way or the other.

We can expect Richard Thomas, the Commissioner, to make public pronouncements next week telling us that FOI is here to stay and everyone has to learn to live with it.

UPDATE: Jack Straw apologised today in the Commons to Richard Thomas.


Exceptionalism

Martin Rosenbaum | 13:45 UK time, Tuesday, 15 May 2007

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MPs will again be debating whether to exclude themselves from the freedom of information law this Friday. If they do so, how would this compare with other countries?

The answer is that it would not be unique but it would be unusual. The government that the US Congress is not subject to the American FOI Act. And according to by the international campaign group Access-Info, a similar exception applies to the Norwegian Parliament, but not in any other European country.

Open Brown

Martin Rosenbaum | 11:26 UK time, Friday, 11 May 2007

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Gordon Brown has launched his leadership campaign with that 'Government must be more open'. Doubtless we shall see in due course whether this has any consequences for the goverment's proposed restrictions on freedom of information.

And as Tony Blair moves on from running the greatest nation on earth, many people's thoughts will now be turning to the question of what happens to his prime ministerial papers. Well, I suppose they might if you're in records management.

As long-standing readers of this blog will know, FOI is only part of my role at the 91Èȱ¬. So I recently produced , a Radio 4 documentary about what Prime Ministers do after leaving Downing Street.

It included the former Cabinet Secretary Robin Butler revealing the problems that the civil service has in retrieving its paperwork from ex-PMs who have removed official records along with their personal papers. 'That can be quite a little tussle after the Prime Minister leaves office', he said. 'If Prime Ministers do take them away, there is the greatest difficulty in recovering them.' Maybe the solution is to get them to promise to bring them back, hand on heart.

Sensible and confused

Martin Rosenbaum | 14:49 UK time, Thursday, 10 May 2007

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I don't know if this is a good thing or a bad thing as a journalist, but the Foreign Office thinks I am a 'sensible and thoughtful' freedom of information requestor.

That's what they told the Department for Constitutional Affairs (as it was then called) in an email in July last year.

I'm aware of this because I made an application under the Data Protection Act for the personal data held on me by the Foreign Office.

The material they sent me also included a draft response to one of my FOI requests. This draft told me 'you seem to be slightly confused', but this judgmental phrase was omitted from the eventual purely factual response - which I feel is a shame, given that fairness demands I admit that I had in fact got confused on the point at issue.

So my message to the Foreign Office is: When I'm confused about something in future, you can tell me. There is no need to pull your punches. After all, you know I'll be sensible about it.

Missing motorbikes

Martin Rosenbaum | 13:04 UK time, Wednesday, 9 May 2007

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Thirteen BMW motorbikes, several bibles in the South African language Xosa, numerous bags of cat food, packs of disposable nappies, and an Iraqi 50 dinar note - these are a small selection of the variety of items scavenged from Branscombe beach in Devon in January following a nearby shipwreck and since notified to the authorities.

People who recover material from a shipwreck are legally required to report their finds to the Maritime and Coastguard Agency. Under the Maritime Shipping Act the MCA has to make this information publicly available, and it has supplied the 91Èȱ¬ with a spreadsheet showing the peculiar mix of items disgorged by the wrecked MSC Napoli - or rather those items whose recovery has been notified to the MCA.

at the time stated that the beach scavengers had removed 50 BMW motorbikes, which seem to have been the most valuable products on the unfortunate ship. But according to the speadsheet, the MCA has only been told of thirteen motorbikes being recovered.

As to whether large quantities of disposable nappies, medicinal cat food, Xosa bibles and Iraqi currency have also gone missing, that is not known.

All staff surveys here

Martin Rosenbaum | 10:35 UK time, Tuesday, 8 May 2007

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Don't just respond to freedom of information requests - release more information proactively. If you're asked for a particular report, then why not release comparable reports as a matter of routine?

This is the message that has often been proclaimed by ministers in charge of FOI policy to their colleagues - but with limited practical impact.

However there are some examples where FOI requests have led to the releasing of whole categories of documents. As last week, it was an FOI request from my colleague Nicola Beckford for a departmental staff survey which resulted in the publication of all main department staff surveys on .

Night shifts not good for health?

Martin Rosenbaum | 14:40 UK time, Wednesday, 2 May 2007

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It's a year since the Health Secretary Patricia Hewitt told a rowdy and dissatisfied audience at the Royal College of Nursing conference that she would work a night shift with a nurse who heckled her, and that it wouldn't be the first one.

When a neonatal nurse from South Tyneside challenged Hewitt about the level of staffing on night shifts, offering 'If you would like to come and work a night shift, Patricia, please contact me afterwards', the Health Secretary promptly replied 'Of course I'll do that, and it won't be the first one either.'

It then transpired that any 'night shift' she had worked so far lasted a maximum of 90 minutes. So has she worked any night shifts since then? The Department of Health has now told the 91Èȱ¬ in reply to an FOI request that 'the Secretary of State has not worked any night shifts since the Royal College of Nursing Conference last year'.

The DoH did add 'However, Ms Hewitt has continued to visit staff working night shifts as part of her continuing visits programme', although it did not give any further details.

Is this a trivial detail or a point of significance? Perhaps that depends on whether you think ministerial visits to the front-line are pointless PR stunts done only because they are expected or valuable learning experiences which assist government decision-making.

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