Changes we would like made to FOI law

See also: Changes we would like made to increase the transparency of public bodies in the UK

Time limits for internal reviews

At present there is no fixed time limit in law for carrying out internal reviews. The current time limit for responding to requests for information is twenty working days we suggest that the time limit for internal reviews is also set at twenty working days.

Time limits for public interest tests

At present there is no fixed time limit in law for carrying out public interest tests. This means that in practice a public authority must respond in full to an FOI request within twenty days except where a public interest test is being considered in which case there is no fixed time limit for responding to the request. [We would suggest that the public interest test be considered during the twenty days allocate for the request or perhaps an additional five working days.]

Add more public authorities

• addtofoi.co.uk

Public sector contracts

Alter the exemptions in s41 and s43 of the Freedom of Information Act 2000 so these cannot be used as a reason not to disclose public contracts. These exemptions relate to:

• s41 information provided in confidence
• s43 commercial interests

There is a clear public interest in opening up public sector contracts to public scrutiny and so these should be released unless there is a really good reason not to provide them such as National Security.

Only withholding information when there is a good reason

• the rules are different in Scotland [1]

Destruction of information that has been requested under FOI

Under the Freedom of Information (Scotland) Act 2002:

"section (s.1(5)) prevents destruction of documents unless “not reasonably practicable”. Clear from Justice Minister's comments that relates to info “already on a lorry... trundling towards the incinerator”. (Stage 3 debate)."[2]:

We suggest that a similar clause is added to the Freedom of Information Act 2000 which does not offer strong safeguards against requested documents being destroyed. The difference is mainly relevant in cases where a document has been requested and after the request is made a public official decides to destroy the document in line with the public body's document retention policy.

Dissolution of Parliament

In the UK Parliament is dissolved prior to a General Election. The public officials working in the Palace of Westminster during the 2010 General Election argued that the House of Commons di not legally exist during dissolution and so there was no legal requirement to respond to requests for information during dissolution. It is unacceptable that a time of heightened public interest in politics that public officials are not answering FOI requests.

By adding the following bodies to the list of public authorities covered by the Freedom of Information Act 2000 (in schedule 1 of the Act) we can avoid a repeat of the problems experienced during the 2010 General Election:

• Corporate Officer of the House of Commons (established by the Parliamentary Corporate Bodies Act 1992)
• Corporate Officer of the House of Lords (established by the Parliamentary Corporate Bodies Act 1992)
• House of Commons Commission (established by the House of Commons (Administration) Act 1978)