Archive for April, 2006

Names of weapons sales officers must be released

Wednesday, April 26th, 2006

The Guardian has managed to get a meaningful decision out of the Information Commissioner. This ruling sets a good precedent for a number of cases where public officials are refusing to be identified.

Watchdog orders MoD to unmask arms sales officers
By David Leigh and Rob Evans
The Guardian, 26 April 2006

The information commissioner, Richard Thomas, yesterday ordered the Ministry of Defence to release the names and details of its 500 arms sales officials. The MoD has spent the last year trying to keep their identities secret, claiming they may be harassed by peace campaigners.

Mr Thomas, who polices the Freedom of Information Act, said there was no evidence that officials would be put in danger if the Defence Exports Services Organisation [DESO] staff directory was published. The directory is already circulated to arms manufacturers and banks…

The ruling will have a significant effect within Whitehall. Officials in many other departments have been trying to use a variety of loopholes under the FoI act to keep their identities secret and delete their names from released documents.

The decision opens the way for Whitehall departments to be required to publish their internal phone books, as happens in the United States…

Read the full article here
The Information Commissioner’s decision notice.

List of FOI officers for US Government

Friday, April 21st, 2006

Anyone can make an FOIA request to the American federal government; you don’t need to be a citizen or even living in the country. Journalists in the UK still often use the American law to get information about the UK such as clinical trial results on pharmaceutical drugs (from the Federal Drug Administration) or oceanography data that is expensive here but free in the US (from the National Oceanic and Atmospheric Administration).

The Center for Public Integrity has a useful FOI section that explains how to make an American FOI request with a directory of most of the major government agencies and departments.

With friends like these…?

Thursday, April 20th, 2006

I’ve been doing a little digging on some ‘users’ of the Government’s new FOI User’s Group. It seems our man representing the business user (Anthony Kenny from Intellect UK) is in fact a supplier. Ideally, a small business group should be in this position as they are the primary business user of FOI. Small businesses seek documentation such as tenders, contracts and correspondence to ensure publicly funded deals are awarded on a fair and equal footing with big business. Instead, Intellect represents businesses such as BAE Systems and Thales, the massive weapons manufacturers. I’m sure there’s nothing they’d love more than for the public to demand the ins and outs of all their multi-million pound government contracts. Here’s what BAE gets up to when not campaigning for FOI:

Another advocate for openness on Intellect’s board is EDS. There was a story about them in today’s paper:
MPs claim EDS deal will bias award of contracts

In written evidence to the Parliamentary select committee (pp 36-39), Intellect made clear it is against disclosure of contracts between private companies and public authorities. “Suppliers have frequently been asked to accept FOI clauses,” they moan, adding that “a supplier will often have little time to prepare for press coverage that may be generated, and for the potential effect disclosure may have on a company’s reputation and brand image.” Poor diddums!

As I’ve said before – if your nose is in the trough, expect to have your tail tweaked. If public accountability is so awful, there’s an easy solution. Stop taking public money!

So that’s Intellect for you. Anthony Kenny’s bio says he works for Deloitte and chairs Intellect’s Freedom of Information Act Working Group. The group’s aim is to, “provide some practical steps that will enable suppliers to mitigate the risk of their information being disclosed improperly.” It goes on to state: “We are also in discussions with OGC [Office of Government and Commerce] and DCA regarding how the implementation of the Act can be improved to take into account suppliers’ concerns.”

They’ve obviously done a pretty good job as the DCA’s put them on the user group in place of any actual users.

New Training – May 12, 2006

Thursday, April 20th, 2006

I’ll be running a course at the National Union of Journalists 12 May 2006 from 10am-4.30pm at the NUJ headquarters in London. The course covers all aspects of the Freedom of Information Act and Environmental Information Regulations (EIRs) with particular emphasis on making the laws work for you in practice. I’ll suggest advice on the best way to forumulate requests based on my own, and other journalists’, experience.

The course is tailored for journalists (both local and national) but anyone with an interest in FOI is welcome. There will be a recap on the laws in practice and their enforcement and tips for overcoming the most common reasons for rejection: commercial confidentiality, data protection and policy formation. By the time you finish the course you should have at least two access requests ready to send out.

I hope to see some of you there!

For more information click here
Book online

Selection secrecy for FOI users group

Wednesday, April 12th, 2006

The members of the Government’s FOI Users Group has only one independent representative of users, according to a document released to me under Freedom of Information.

I filed the request after the government department in charge of the FOI law (the Department for Constitutional Affairs) refused previous requests for the membership or selection procedure. The DCA’s ‘tap on the shoulder’ approach goes directly against stated commitments for more open and accountable government. There is something deeply suspicious about an FOI group whose members are handpicked by the very people the law is designed to monitor.

It also casts a shadow on the members. Firstly, there is only one representative of the public: Maurice Frankel made the list, but one suspects the Government knew that any shreds of credibility the group had would be lost in his exclusion. I also have concern about the press member. There are several national journalists who make great use of the FOI Act. None of these people were asked to join, instead the head of the Westminster press lobby was chosen. Unfortunately lobby journalists are too often dependent on the grace and favour of politicians and unlikely to upset the status quo.

To be chosen in secret for secretive reasons greatly diminishes this group’s legitimacy.

INFORMATION RIGHTS USER GROUP MEMBERSHIP

Chair
Baroness Ashton of Upholland – Parliamentary Under Secretary of State

Police sector
Deputy Chief Constable Ian Readhead – Hampshire Constabulary

MPs and Peers
Peter Bottomley MP – Member of the Constitutional Affairs Select Committee 2003-2005

Health sector
Adrian Pollitt – Head of the Office of Strategic Health Authorities

Local Government
Paul Bettison – Leader, Bracknell Forest Council

National Media
John Hipwood – Chairman of the Press Lobby

Academics
Professor Robert Hazell – UCL Constitution Unit

Information Law
Rosemary Jay – Pinsent Masons

Campaign groups
Maurice Frankel – Campaign for Freedom of Information

Business
Anthony Kenny – Intellect U.K

Enivornmental Information Regulations
Judith Cullen – DEFRA

Information Commissioner (as an observer)
Richard Thomas – Information Commissioner

Article: There’s nothing private about an MP’s expenses

Monday, April 10th, 2006

There’s nothing private about an MP’s expenses
The Independent, 10 April 2006
By Heather Brooke

Few of us would assume we could claim more than £120,000 in expenses every year without handing over receipts to the boss. Yet that’s exactly what Westminster MPs are doing, forgetting that it’s the public who put up the £80 million claimed for staff, postage, offices, second homes, travel and ‘additional costs’.

With such a lack of transparency, it’s no surprise that Tony Blair is now facing questions about a ‘black hole’ in his expenses. In the past four years, about £45,000 of Blair’s expenses have remained publicly unaccounted for. On Saturday, Downing Street admitted for the first time that £15,000 claimed for his constituency home in Co Durham was not being used to pay the costs of a mortgage on the property.

Politicians must understand that if your nose is in the trough, expect to have your tail tweaked!

The Scottish Parliament has accepted this. After the Easter Break, they will begin online publication of all MSPs’ expense claims, utility bills, travel and mileage forms. This level of transparency will make Scottish politicians some of the most accountable in the world. The Scots should be proud of the proactive approach taken by their government. Instead of reacting defensively to a series of expense scandals, George Reid, the Presiding Officer at Holyrood, decided to throw open the doors of the expense system.

“It means we’ll no longer have to respond to mounting Freedom of Information requests for MSPs’ expense claims,” said a Scottish Parliament spokesman. Such requests led to the resignation of Tory MSP leader David McLetchie over questions about taxi misuse. Brian Monteith, a former Tory Monteith was forced to pay back £250 after admitting he made false claims for taxis to return from various nights socialising in Edinburgh restaurants and bars. The Scotsman revealed how Alex Salmond claimed £8,500 to commute by taxi from his home in Linlithgow to the Scottish Parliament, and Keith Raffan, the former Liberal Democrat MSP, claimed mileage expenses for driving round his constituency when he was out of the country.

If this is happening in Scotland, it’s undoubtedly going on in Westminster to an even greater extent. After all, there are only 129 MSPs (compared to Westminster’s 659) and they get roughly half (£61,240) the amount of their Whitehall compatriots.
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