Post Legislative Scrutiny The Governments Approach PDF Download

Some former Ministers and senior civil servants argue that Freedom of Information (FOI) is having a 'chilling effect' on policy discussion at the heart of government. The Committee recognised there could be a problem--at least of perception. However the existing provisions of the Act could be used more effectively, including use of the ministerial veto to ensure a "safe space" for high-level policy discussions. The number of FOI requests is growing and some witnesses suggested introducing fees for FOI. However, while FOI imposes costs, it also creates savings when the inappropriate use of public funds is uncovered - or where fear of disclosure prevents the waste of public money. Setting fees could deter requests with a strong public interest and therefore defeat the purposes of the Act. Fees introduced purely for commercial and media organisations could also be circumvented. The MPs recommended: higher fines should be imposed for destruction of information or data and the time limit should be removed on prosecution of these offences; the law should be amended to protect universities from having to disclose research and data before the research has been published; all public bodies subject to the Act should be required to publish data on the timeliness of their response to freedom of information requests; the right to access information must not be undermined by the increased use of private providers in delivering public services and contracts for private providers should be explicit and enforceable in stipulating FOI obligations; where public authorities publish disclosure logs, the names of those requesting information should be included