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Campaigner criticises “big bang” approach to freedom of information

Campaigner criticises “big bang” approach to freedom of information

The decision by the Department of Constitutional Affairs to implement the Freedom of Information Act in one day has been strongly criticised by one of the Government’s key advisers on freedom of information.

Maurice Frankel, director of the Campaign for Freedom of Information, and a member of the Advisory Board on the Act, told MPs that the Department’s big bang approach to implementation at the turn of the year was potentially catastrophic.

He also called on the Prime Minister to reiterate his personal support for freedom of information.

The Freedom of Information Act comes into force on January 1st 2005, just 80 days away. The Act will allow any member of the public to enquire what information public authorities hold on an issue, and request the release of that information. There will, however, be certain exceptions, for example on national security grounds.

Speaking at a select committee meeting on the implementation of the Act, Mr Frankel said that central government departments could have implemented the Act, which was passed four years ago, far earlier, he suggested, with a phasing in of the Act for local government and other public bodies.

Instead, all sectors will be confronting problems at the same time, with no opportunity to learn from each other. The Information Commissioner could also face a deluge of complaints from all sectors by March, he said.

Mr Frankel was also critical of the fact that no decision has been made thus far on the question of fees payable for information requests.

Though he was generally upbeat on the DCA’s approach to the implementation of the Act, he criticised the Department’s unusually large turnover of staff, pointing out that there have been four different Ministers with responsibility for FOI and five heads of division in four years. The effect of this has been that the four year delay has not been well exploited, he said.

Mr Frankel also told MPs that he was concerned about how the Ministerial veto on information requests would be reconciled with the public interest test. He asserted that in general it is not yet clear how the exemptions process will work, and anticipated a case by case approach.