Freedom of Information (FoI) Act

(2000)

   Access to information is widely seen as an essential ingredient of open government. Some 60 developed countries have FoI laws – known as ‘sunshine laws’ in the United States – which guarantee citizens the right to see a wide variety of public documents, both state and personal.

   Labour passed the Freedom of Information Act in 2000, although the legislation only became fully operative in 2005. Under the legislation, an answer to a request for information has to be met within 20 working days. Authorities that do not disclose information have to show that their refusal is in the public interest. An Information Commissioner and an Information Tribunal are in place to enforce it.

   Critics note that it offers a relatively weak access to information when compared to similar legislation in the USA, New Zealand or the Republic of Ireland. There are 23 exemptions, which, among other things, allow ministers not to reveal information harmful to national security or law enforcement, the public, the environment or the safety of individuals. Most exemptions are subject to the test of ‘public interest’, a term left undefined. Refusal can also be made on the grounds of expense, if the costs of gathering it amount to more than three-and-a-half day’s work for a government department (slightly less for other public bodies). Supporters of the Act portray it as a fundamental step forward, which will make a significant difference in terms of the openness of local authorities. They argue that the exemptions are uncontentious and would only be used in the interest of good government.