The Freedom of Information Act

Joint Meeting with Bath Branch of Charter 88

Speakers:

Graham Smith Deputy Information Commissioner

Jeff Wring Bath & NE Somerset Council

Sarah Knight Royal United Hospital

27 January 2005

The Act came into force on 1^st January 2005. This gives the right of access to everyone on information held by public sector bodies – known as ‘public authorities’. If any authority refuses information within a specified time there is a right of appeal to the Information Commissioner. He is appointed by Parliament and is independent of the Government. His Deputy was our opening speaker.

Because of the importance of this Act major authorities have appointed named officers to be responsible for the duty of giving information. Jeff Wring and Sarah Knight explained how this was being done. There are of course many other authorities – the Avon and Somerset Constabulary for example.

In the discussion by members it was made clear there are exceptions – the Security Services for example. One immediate consequence of the Act is that Authorities are having to be much more systematic in how they keep and store their records.

An important aspect of his duties stressed by the Deputy Commissioner, is that in the UK he will have stronger powers than in most other countries that have similar legislation. Here, if an Authority continues to refuse information even if requested to do so, the case can be referred to the High Court. The court will investigate and may deal with the Authority as if it has committed contempt of court.

The address of the Information Commissioner:

Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5 AF

Tel: 01625 545 745

web: www.informationcommissioner.gov.uk

Rodney Tye