Archive for December, 2005

Article: Problems at the Information Commissioner’s Office

Thursday, December 22nd, 2005

UK’s openness watchdog lacks teeth and transparency (pdf 225kb)
Open Government Journal: Volume 1 Issue 3
7 December 2005
By Heather Brooke

  • Information Commissioner fails to meet his own deadline
  • Default position is secrecy

The UK watchdog charged with ensuring that public bodies obey the new Freedom of Information Act already has a huge backlog of appeals that will take years to clear. An even greater surprise is that these figures, along with early decisions, were withheld and were only made public after filing an FOI request.

The Freedom of Information Act 2000 and Freedom of Information (Scotland) Act 2002 both came into force 1 January 2005. The two countries’ laws are similar but each country has its own Information Commissioner. In the UK, just over 22,000 FOI requests have been received between 1 January and 30 June 2005 by the 42 central government bodies monitored by the Department for Constitutional Affairs1. The Scottish Executive reported that from 1 January to 5 April it received approximately 900 requests for information that were centrally recorded by the Executive’s Freedom of Information unit.

Applicants must first exhaust a public authority’s internal review process before appealing to the Commissioner, even though in 79 per cent of cases, public authorities uphold their initial refusal. The table below shows the statistics for the UK and Scottish Information Commissioners as of 4 November 20052.

  UK Commissioner Percentage
of total received
Scottish Commissioner Percentage of total received
Closed cases 640 31% 99 21%
Decision notices 69 3 % 44 9%
Ongoing 1325 65% 327 70%
Total number of applications 2034   470  

Even at the quickest rate of issuing decisions – 16 in July, it will take the UK Commissioner more than eight years to clear the present backlog.

Whereas the Scottish Commissioner, Kevin Dunion, has committed to dealing with cases within four months, the UK commissioner has been reluctant to state any similar performance targets. However, at the Society of Editors conference in Cumbria 17 Oct 2005, Deputy Commissioner Graham Smith stated the Information Commissioner’s Office (ICO) has now set a minimum target of resolving 50 percent of cases within 12 working weeks. But caseload data is not published on a regular basis, so there is no way of knowing if this most basic target is being met.

The Commissioner had four years to prepare for implementation of the FOIA. In addition, the ICO paid for a study published March 2004 (Hazell, 2004) by University College London’s Constitution Unit, which predicted the number of appeals and subsequent staff needed. The study forecast that between 1250 and 3000 appeals would be received during the first year – an entirely accurate prediction.

Not every request can be predicted, of course, but the most contentious were certainly well known. The Attorney General’s advice to Tony Blair on the Iraq War had been sought since March 2003, yet when the appeal came to Commissioner Richard Thomas, he was unable to commit to a date for delivering his verdict. In the end the information was leaked to the media. Restaurant inspections, fire safety inspections, and the names of MPs’ staff were all predicted as being major FOI test cases, and yet to date, the commissioner has failed to make a decision on appeals seeking exactly this type of data.

(more…)

Article: Covering arms & defence

Wednesday, December 21st, 2005

Guns on the table
The Journalist magazine, December 2005
By Heather Brooke

Journalists’ Toolbox – arms

When a huge arms fair like the Defence Systems and Equipment International Exhibition rolls into town as it did in September, journalists must quickly get to grips with the shadowy world of international arms trade. Comedian Mark Thomas posed as an arms dealer to glimpse the inner workings of the industry, but there are many quicker, cheaper resources available to all journalists covering either an arms fair or how public money is awarded through defence contracts.

Activist groups often conduct useful research and the Campaign Against the Arms Trade (020 7281 0297) proved an excellent source for journalists covering the DSEI exhibition at London’s Docklands. The group keeps research files on country, company and issue as well as government statistics and yearbooks. When government failed to release the names of invited countries, CAAT conducted its own research revealing countries such as Saudi Arabia, China and Columbia on the guest list. To do this yourself, contact the embassies and defence attaché offices of foreign countries – they often view such invitations as a source of pride.

National Audit Office reports provide a rare candid view into the financial cost of publicly funded arms contracts. Search the website for the latest publications and reports. The major projects reports, for example, reveal that £50 billion is spent on arms projects that typically come in late and over budget.

Getting the details of these contracts is not always easy. Invitations to tender for public contracts (usually around £100,000) must be advertised in the EU and you can search these on the Tenders Electronic Daily website. Contracts already awarded may be available from the MoD Defence Contracts Bulletin but this site is set up specifically for vendors and suppliers; you’ll notice an important person missing from the list – the public who pays for all these projects!

Contrast the profiteering MoD site with the US Department of Defense, which is required by law to list all contracts above a certain amount on a freely accessible website. You do not need to register, pay money or be an arms company to access any of the data at www.defenselink.mil/contracts/, which updates contracts daily.

Arms deals seem to make up the bulk of the activity of the Export Credits Guarantee Department, even though, according to CAAT, arms exports comprise just 2-3 per cent of the UK’s total visible export. This shady department is best cracked open with some well-framed freedom of information requests.

For an overview of the arms industry, useful sources are the Stockholm International Peace Institute, which compiles statistics on military expenditure, arms production and transfers of military equipment. The Guardian newspaper also archives all articles on arms trade into an online Special Report.

Finally, don’t ignore the trade press. Jane’s is the best know and publishes such industry standards as Defence Weekly, Defence Industry, and International Defence Review. Aircraft makes up a major part of UK armaments and is covered by Flight International, and Air Forces Monthly.

Observations on secrecy

Monday, December 19th, 2005

Too many stones unturned
New Statesman magazine, 19th December 2005
By Heather Brooke

It was meant to shine a light on state power. And in its first year of operation the Freedom of Information Act has successfully illuminated some rats and cockroaches, but central government remains an unturned stone.

A year ago in this magazine, I expressed the hope that the act would at least end the appalling secrecy surrounding food hygiene inspections conducted by local authorities on restaurants, takeaways and catering kitchens; and indeed it proved that these reports were among the most sought-after by people making FOI requests across the country. Even the chef and Guardian columnist Heston Blumenthal felt the heat when the paper exposed food hygiene breaches at his Fat Duck restaurant.

Still, just three councils – Glasgow and Highland in Scotland and Camden in London – are proactively publishing all inspections. The rest publish only individual reports when asked, and some, such as Hammersmith and Fulham, continue to deny public access to any of their reports.

Elsewhere in the food chain, FOI exposed how Common Agricultural Policy farm subsidies in England and Northern Ireland go mostly to rich landowners and big agribusinesses. Pity the poor publics of Scotland and Wales, who are still none the wiser.

Scotland has been more forthcoming about its MSPs’ expense claims and, partly as a result, the first FOI “head to roll” came in October when David McLetchie resigned as Scottish Tory leader after intense media questioning about his taxi bills. A deluge of similar requests prompted the publication online of detailed accounts of how all 129 MSPs spend their average £61,240 in expenses.

Westminster is not keen to share that spotlight. In fact, MPs (who claim almost double that sum) are busy exempting themselves from most of the FOI Act.

I am currently appealing against a refusal to release the names of MPs’ staff. Although these people are paid directly from the public purse, the official line is that identifying them would violate their privacy and put them in danger. (Another request for information showed that no assaults on MPs’ staff had been reported at Westminster.) In other enlightened countries, the rule is that if your nose is in the public trough, expect to have your tail tweaked. Here, privacy and security are the excuses du jour for your public servant.

Big egos demand big secrecy. Take Tony Blair. Lots of rich and famous people do – to their holiday homes in the Caribbean or Italy. But Tony won’t say who they are, for reasons of national security.

Blair even had the cheek to refuse an FOI request for his Christmas-card list on the grounds that such disclosure would embarrass those whose names did not appear on it, though he has it in his power to correct any omissions this year – and there is always the excuse that it was lost in the post. (In fact, uncovering information about the mail in general can be tricky, as the Post Office and Royal Mail refuse even to reveal the name of their openness officers.)

Perhaps the strangest thing I encountered this year was the secrecy at the Information Commissioner’s Office – the independent body set up to regulate and increase FOI. His first decisions were kept secret until he was forced to release them by an FOI request. Detail on the mounting backlog of cases has been even less forthcoming and the commissioner, Richard Thomas, has failed to follow through on promises to make bold decisions early.

It has hardly been a clean sweep, but most local authorities are responding positively to FOI. The problems lie in the real corridors of power, where dirty secrets are still being swept under the carpet.

Dept for Transport: new contact details

Friday, December 16th, 2005

The Department for Transport has changed the email for inbound requests; it is now
foi-advice@dft.gsi.gov.uk
or you can use the online request form at
http://www.dft.gov.uk/stellent/groups/dft_foi/documents/page/dft_foi_033691.hcsp

The FOI Officer remains the same but with a new title:

Mike Carty
Information Rights Unit Branch Head
Information & Better Regulation Division
Department for Transport
Zone 9/2 Southside
105 Victoria Street
LONDON SW1E 6DT
0207 944 5825 / GTN 3533 5825

Commissioner rules on restaurant inspections

Wednesday, December 14th, 2005

The Guardian reports that the Information Commissioner has ruled against councils who refused to show restaurant inspection reports to the public, stating that:

“The public has a right to know what health inspections discover,” he said. “Well-run restaurants have nothing to fear – and much to gain – from public scrutiny. Publishing inspection reports will put pressure on restaurants to raise their standards.”

The Information Commissioner’s press release gives more detail.

Readers of the blog may know that I have a case with the Commissioner appealing Hammersmith and Fulham’s refusal to release restaurant inspections. Yet I have received no communication from the Commissioner about his informal negotiation with the council on behalf of Which? magazine to release these same reports. This is the danger of such informal and opaque negotiations. The Commissioner needs to publish his entire caseload along with all cases resolved, otherwise the public do not gain from the precendents being set.

Oil Fire: Health & Safety reports

Tuesday, December 13th, 2005

Today’s article in the Daily Telegraph ‘Firemen battle on amid blast fears’ contained an interesting point:

“It emerged that the Health and Safety Executive had served an
improvement notice on one of the operators of the Buncefield oil depot, near Hemel Hempstead, four years ago amid concerns about the containment of an aviation fuel tank.”

This raises the question: why aren’t all such Health & Safety inspection reports and notices proactively published under Freedom of Information? Journalists and activists have concentrated their requests on food hygiene inspections, but now that these are being disclosed it’s time to move on to other reports that are still secret.

The Health & Safety Executive has a good reputation for openness. They provide a searchable online prosecutions database that includes details of all prosecution cases (which resulted in a conviction) and Crown censures since 1 April 1999. A Notices Database is also available online that includes details of all enforcement notices issued since 1 April 2001, excluding those under appeal or withdrawn. The A-Z subject index of industry research reports may prove valuable.

The HSE does not cover health and safety at offices, shops or the service sector. These are inspected by local councils who then report to the Health & Safety Commission. I do not know of any council proactively publishing these reports so the only way to get them is to file an FOIA request.

FOI in Parliament: 24 October – 8 November 2005

Thursday, December 1st, 2005

8 November 2005
Written Answers – Transport: Central Railway
David Lidington (Aylesbury, Con) – To ask the Secretary of State for Transport if he will place in the Library copies of the documents on the Central Railway project that were released by his Department to Central Railway plc following an application under the Freedom of Information Act 2000.
Derek Twigg – The documents will be placed in the Libraries of the House. (NB the Library is NOT accessible to the general public, so effectively these documents remain secret except for the perusal of MPs and their staff).

Written Answers – Deputy Prime Minister: IT Projects
David Laws (Yeovil, LDem) – To ask the Deputy Prime Minister how many IT projects have been developed for his Department since 2001; and whether he has agreed to make public (a) in full and (b) in part Gateway reviews for these projects.
Jim Fitzpatrick – According to central records, 47 IT projects have either been completed or set in train since the Office of the Deputy Prime Minister (ODPM) was established in May 2002. Gateway reviews are conducted on a confidential basis for the Senior Responsible Owner and ODPM have not agreed for any report material to be made public. Under the Freedom of Information Act 2000 each request for the release of information contained in a Gateway Review is considered on a case-by-case basis.

7 November 2005
Written Answers – Transport: IT Projects
David Laws (Yeovil, LDem) – To ask the Secretary of State for Transport how many IT projects have been developed for his Department since 2001; and whether he has agreed to make public (a) in full and (b) in part Gateway reviews for these projects.
Karen Buck – 235 IT projects have been developed for DfT from 29 May 2002, when the Department was formed. A Gateway review is conducted on a confidential basis for the senior responsible owner of each project. Under the Freedom of Information Act 2000 each request for the release of information contained in a Gateway Review is considered on a case-by-case basis. To date the Department has not received any requests for disclosure of Gateway reports under FOI.

3 Nov 2005
Westminster Hall Debates: House of Commons Commission (Annual Report)
Geoff Hoon: …issue towards the end of my remarks. Other challenges
during the period in question include the setting up within the House
services of the necessary mechanisms to respond to the requirements of
the *Freedom of Information* Act 2000, which came into force for the
House at the beginning of the year.

Written Answers – International Development: IT Projects
David Laws (Yeovil, LDem) – To ask the Secretary of State for International Development how many IT projects have been developed for his Department since 2001; and whether he has agreed to make public Gateway reviews for these projects (a) in full and (b) in part.
Gareth Thomas – The exact number of IT projects of all sizes developed in DFID since 2001 cannot be determined without incurring a disproportionate cost. Three large current projects have been subject to the Gateway process, two assessed as medium risk and one as low risk. Gateway review reports have been produced for two of these projects and are confidential to the Senior Responsible Owners. Under the Freedom of Information (FOI) Act 2000, each request for the release of information contained in a Gateway review is considered on a case-by-case basis. To date, DFID has received no FOI requests relating to Gateway reviews.

Written Answers: Education & Skills – IT Projects
David Laws (Yeovil, LDem) – To ask the Secretary of State for Education and Skills how many IT projects have been developed for her Department since 2001; and whether she has agreed to make public (a) in full and (b) in part the Gateway Reviews for these projects.
Maria Eagle – The information as requested is not readily available centrally within the Department for Education and Skills. To respond to the question fully would involve an extensive internal and external information collection exercise which would exceed the recommended disproportionate cost threshold. However, to be helpful, current departmental records confirm that in excess of 72 DfES-led IT projects have gone through the Office for Government Commerce Gateway Review process since 2001. With regard to the release of Gateway Review Reports, as these are conducted on a confidential basis for the Senior Responsible Owner of the project concerned the information contained within the reports is not proactively or routinely released. However, under the Freedom of Information Act (FOIA) 2000, requests for the release of information contained in Gateway Review reports are considered on a case-by-case basis. To date, the Department has received no such FOIA requests.

24 Oct 2005
Written Answers – Constitutional Affairs: Freedom of Information
Laurence Robertson (Tewkesbury, Con) – To ask the Minister of State, Department for Constitutional Affairs what representations she has received from public bodies on their entitlement to withhold information requested under the Freedom of Information Act 2000; and if she will make a statement.
Harriet Harman: …Since the Freedom of Information Act came into force on 1 January, nearly 3,000 cases have been referred to the Clearing House.

Written Answers – Northern Ireland: Freedom of Information
Iris Robinson (Strangford, DU) – To ask the Secretary of State for Northern Ireland if he will estimate the costs which have resulted from requests under the Freedom of Information Act 2000.
Angela Smith (Parliamentary Under-Secretary, Northern Ireland Office) – The information requested is not collected routinely and could be obtained at only disproportionate cost.