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Our guest speaker this month is Andrew Ecclestone from the Campaign for Freedom of Information.
Jack Straw's optimistically named Freedom of Information Bill, which is going through Parliament at the moment, will have a major and detrimental effect on our ability to do our jobs as journalists.
The draft law is fundamentally flawed, says the Campaign for Freedom of Information. It gives far too much power to minor bureaucrats to keep whole 'classes' of information secret, and ministers can over-rule the new Information Commissioner on what should be revealed.
Information relating to investigations into possible offences are covered by a blanket exemption which would apply even after legal proceedings had been completed, or it had been decided that no offence had been committed.
The class exemption would cover investigations by both the police and regulatory bodies, from Trading Standards officers to Health and Safety Executive inspectors.
The Bill's exemption will also deny the public information about potential hazards. The investigations into the Paddington rail crash, which involves consideration of possible offences, could be withheld. Bacteriological surveys taken by environmental health officers investigating food poisoning outbreaks would also be withheld under this provision. As for nuclear accidents, there is even less chance of hearing about them.
Ignoring the findings of two select committees, and conveniently forgetting its own promises, the government's benchmark for secrecy is that disclosure of information could 'prejudice' the proper working of a department, quango or privatised service provider.
Everything to do with defence, international relations, relations involving Scotland and Wales, the economy, crime prevention and the administration of justice, immigration controls, the exercise of regulatory functions, audit functions and commercial interests - which doesn't leave much - can be kept secret by the authorities concerned if, in their opinion, its disclosure would 'prejudice' their operations.
The class exemptions also exclude all information relating to
the formulation or development of government policy, including factual information, even if it agreed by all concerned that it is harmless.
As an example of how the new law could be used, in 1994 the Public Accounts Committee referred to the fact that West Midlands Health Authority had been responsible for "a waste of at least £10m, at the expense of health care for sick people in the West Midlands".
In the PAC's words the official responsible "was able to follow his own path, making a bonfire of the rules in the process, uncontrolled either by the Regional Health Authority or regional senior management" - who just happen to be the very people who would decide whether information about this scandal should be disclosed or not.
In summary the Bill is weaker than that:
- promised by the government in its white paper;
- apparently previously endorsed by the Home Secretary;
- currently applied under the openness code, introduced by the Conservatives;
- proposed for the Scottish FOI Act;
- adopted under the Irish and New Zealand FOI Acts.
Contact the campaign for Freedom of Information:
Suite 102, 16 Baldwins Gardens, London EC1N 7RJ
Tel: 0171-831 7477
www.cfoi.org.uk
Email: admin@cfoi.demon.co.uk
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