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Executive summary
It is clear that s77 breaches of the Act cannot be prosecuted. An amendment to the legislation is required to make such breaches possible. Concerted attempts have been made by some civil servants to avoid compliance by using private email accounts and other media. This must be prevented. Attempts by prominent scientists to make certain scientific information exempt are misguided and against the public interest. The scope of the BBCs journalistic purposes derogation needs to be clarified so that it protects sources but allows public oversight of the BBCs internal processes. The appeal process works well, but is hampered by delays at the ICOs office. Funding of the ICO should therefore be addressed.
Introduction
1. I write as a regular user of FOI legislation. I believe that the Act is in general working well and in the public interest. It has made many civil servants very uncomfortable and there have been many documented attempts to resist the requirements of the Act. I believe that the committee should resist the inevitable attempts to push back and restrict the scope of the Act or to make it more costly to submit requests. 2. There are, however, several flaws in the legislation, which I will cover in more detail.
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claimed that there was no evidence that it was a systemic problem for the Information Commissioner or any other prosecutor. It is now clear that this is not the case. 6. The inability to prosecute breaches of the Act has had a deleterious effect on civil servants attitudes to FOI compliance. I was told by an official in the ICOs office that some public authorities do not take the Act very seriously 7. The Act should be amended to extend the period for prosecutions to take place.
Scientific information
12. As a result of the attempts to uncover malfeasance at the University of East Anglia, there has been a concerted campaign of misinformation about what happened: it was said that there was a deluge of requests to the university, a claim that the former ICO, Richard Thomas, said was false it has been claimed that attempts have been made to obtain draft materials from scientists there is no evidence that this has ever actually happened. 13. Recently in the House of Lords, an amendment was recently tabled that claimed to seek to bring the FOI Act into line with its equivalent in Scotland. In Scotland, information that is part of a research project is exempt if the findings will be published in future, and if disclosure under FOI would damage the interests of the
1
http://cei.org/sites/default/files/Christopher%20Horner%20-%20OSTP%20FOIA%20Request.pdf
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researcher or their institution. The wording of the Scottish Act appears to put the interests of the researcher ahead of those of the public. Publicly funded researchers must accept public oversight in return for the funding they receive. There is little evidence that the Westminster Act as currently worded is deficient in this area.
The BBC
14. Considerable difficulties are encountered in obtaining information from the BBC under FOI because the derogation from the Act for information held for artistic and journalistic purposes. The derogation is worded very vaguely and its scope is currently the subject of a protracted appeal, which is currently being considered by the Supreme Court. 15. While there would no doubt be wide support for the idea that there is a need for journalists to protect their sources, the BBCs attempts to put a very broad interpretation on the derogation are against the public interest. In particular, the editorial standards and policies adopted by the BBC should be open to scrutiny. 16. In addition, the BBC appears to be exempt from the Environmental Information Regulations, to the extent that information is held for artistic and journalistic purposes. Since EIR is a response to a EU directive, the scope of the BBCs exemption may put the UK in breach of the directive and the committee may wish to consider this possibility.