Freedom of Information Act - Countdown to January
For decades the Labour Party promised the UK a “freedom of information act” giving citizens and companies access to all kinds of Government information previously kept secret. That promise becomes a reality on 1st January 2005 when the Freedom of Information Act 2000 information access provisions come into force. The Act may benefit you. You or your company will be able to ask Government bodies for information in all kinds of areas such as where you fail a health and safety examination or cannot obtain a product licence for your new product or you lose a tender for a contract to supply a government body. In all those cases you could make a request for information from the public sector body concerned.
For those carrying on a business another issue under the act relates to tendering for public sector contracts because there is a risk that your information sent to the public body might be accessed by others. It is very important when responding to invitations to tender in contracts with public bodies to ensure that it is clear they are confidential and will not be disclosed to an unsuccessful tenderer who makes a FOIA request.
Tony Forster, a Partner and head of our Company Commercial Department, says: “The Act is a very useful piece of legislation and it is important you are aware of its implications. It:
- places an obligation on public authorities to adopt and maintain a publication scheme. The term "public authority" has a broad definition and includes central and local government, non-departmental public bodies, the police, the health service, schools, colleges and universities, and the public functions of named private companies.
- with effect from January 2005, provides a general right of access to all types of recorded information held by public authorities and sets out exemptions from that right.
- places a number of obligations on public authorities about the way in which they provide information. Subject to the exemptions, anyone making a request for information must be informed whether the public authority holds the information and, if so, be supplied with it - generally within 20 working days.
- creates a duty to provide advice or assistance to anyone seeking information (for example in order to explain what is readily available or to clarify what is wanted).
- creates the role of the Information Commissioner with responsibility for overseeing the operation of the Act. The Information Commissioner is an independent public official responsible directly to Parliament. As well as approving Publication Schemes and promoting compliance with the Act generally, the Commissioner has powers of enforcement.
The Act should have a considerable impact and help achieve more open Government.
For further information contact Tony Forster on (0117) 929 0451 or e-mail tforster@metcalfes.co.uk
This press release summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published