We should all love the FOI

This is the message that the Information Commissioner will be delivering today. According to the press release from his office:

"Freedom of Information is fast becoming a fixed feature of 21st century democracy
and should not be seen as a battle ground between public bodies and the people,
according to the Information Commissioner, Richard Thomas. Speaking at the
annual FOI Live conference in London on 24 May, the Information Commissioner will
state that the transparency and accountability brought by Freedom of Information
reinforce good government, and should not be seen as a threat. However, he will
also stress that those using FOI must act responsibly.

In his keynote speech the Commissioner will remind public bodies that they serve
the public and will urge them to recognise that FOI requires a positive approach to
openness.

Richard Thomas says: “After nearly two and a half years Freedom of Information is
delivering real benefits. It is now recognised as a key feature of our modern
democracy which is changing public sector culture. There is a presumption of
disclosure, unless there is a genuine reason to withhold information. This must trump
any instinct of unnecessary secrecy which simply suggests a public authority has
something to hide. Of course there are bound to be times when the Freedom of
Information Act may be uncomfortable. But openness – even where it reveals
uncertainties, disagreements or embarrassments – treats citizens as grown ups and
reflects the realities of public life. People respect honesty, not cover up.
“Freedom of Information reinforces good government. Some people fear that FOI
can have a ‘chilling effect’ and that nothing gets written down. On the contrary - the
possibility of disclosure encourages a record of full, accurate and impartial advice
from civil servants and supports the principle that officials advise and ministers
decide. Greater openness will deter spin and informal decision making.”
Whilst Richard Thomas fully recognises the need for “private space” for policymaking
in suitable cases, he will warn that public bodies must treat each case on its
own merits. The Information Commissioner’s Office has made it clear that public
interest arguments for non-disclosure must be convincing in each case.
He says: “The Freedom of Information Act has clearly struck a chord. It has been
heavily used – especially by members of the public. My Office acts as the referee in
cases where requesters complain they did not get what they asked for, but the vast
majority of cases do not need our intervention. And we are able to resolve half of all
cases informally. Research conducted by my Office shows a dramatic jump in just
two years (2004 -2006) from 51% to 72% in those who agree that access to official
information increases confidence in public authorities.”

However, he will also warn of the risks if FOI is seen as a battle ground between
public bodies and individuals. He says: “Wresting information from government and
other public bodies has the potential to damage trust between the state and the
people. But, by the same measure, those making requests must act responsibly and
with restraint.”

The Information Commissioner will announce plans to deter mischievous and
pointless requests. Such cases can waste public money and jeopardise the
reputation of the Act. The ICO is developing further guidelines to help public bodies
resist requests which are genuinely vexatious. A “Charter for responsible FOI
requests” will help to prevent requests which have no serious purpose or value,
impose disproportionate burdens or have the effect of harassing the public body.
Richard Thomas said: “I am sympathetic towards public authorities that refuse to
deal with vexatious requests which clearly serve no reasonable purpose. Such
requests do a disservice to all who want freedom of information to be a success. But
I am surprised that public authorities are not making more robust use of the existing
provisions under the Act for excluding vexatious requests.”

It's just such a shame that Parliament is copping out and seeking to cut itself out of the regime (oh, OK, we're grateful that MPs will still let us find out about their expenses. We are not worthy).