FOI in Central Government – where we have come from and where we are going Jane Sigley Head of FOI Policy & Strategy Information Directorate Building our knowledge and information capability

A brief history of FOI Longstanding Labour manifesto commitment A major attempt to introduce FoI legislation in the form of a member’s bill. The bill had considerable Parliamentary support but did not proceed when the 1979 general election was called The Data Protection Act was passed, giving individuals the right to see information held about themselves A parliamentary report on ‘Open Government’ was published and recommended the introduction of a Freedom of Information Act The Freedom of Information Act 2000 received Royal Assent The Freedom of Information Act came into force.

Some statistics – Central Government

Role of DCA/MoJ Clearing House -Established Sept 04 - First 2 months FOI – received over 1200 referrals from departments (7% of all requests) - Developed something of Machiavellian reputation “Concern is growing that the unit is bent on blocking as many requests for information as it can” The Times September 05 - Summer 2007 – Transformation Programme - March 2009 – new Toolkit published - In casework terms, emphasis now on limited range of high profile, complex cases and providing expertise for departments involved in litigation - Better FOI

ICO, Tribunal and beyond 2005 – first ICO and Tribunal decisions 2008 – first High Court decision (OGC Gateway reviews) first Court of Appeal decision (BUAV) use of section 53 veto

Updating and Amending legislation Section 4 Order – keeping the Act up to date 2006/07 – Review of FOI fees regulations – Section 5 consultation and response 2009 – Section 10(4) Order for NI schools

Dacre Review --October 2007 – PM delivered Liberty speech – more to do to develop more open government - Announced no change on fees, section 5 consultation and review of 30 year Rule - Dacre Review – published findings Jan 09, recommending reduction to 15 years - June 09 – PM announces reduction to 20 years, but enhanced protection for some information. Publication of full Gvt response “late summer”

Publication Schemes - Publication Schemes always been promoted across departments but not widely updated post orginal implementation. - Jan 09 – Change to Publication Scheme requirements – model publication scheme - ICO has conducted review of Central Gvt and will publish results shortly

Future Challenges