Archive for August, 2006

Official: Britain is the new China

Thursday, August 31st, 2006

Not for the first time, Americans are more informed about the British terrorist threat than the Brits. The latest victim of the UK’s patronising and elitist Contempt of Court law is the suppression of an article about the recent terror arrests that appeared in Monday’s edition of the New York Times: Details Emerge in British Terror Case

However, British readers are blocked and receive instead the message:

“On advice of legal counsel, this article is unavailable to readers of nytimes.com in Britain. This arises from the requirement in British law that prohibits publication of prejudicial information about the defendants prior to trial.”

I’ve written about Britain’s archaic Contempt of Court law before. Empirical studies have shown that jurors are perfectly capable of putting aside what they read in the newspapers and judging a case on the facts presented in court. In the UK, no such studies have been conducted; in fact it is a Contempt of Court even to ask a juror any questions about their court experience!

So in the complete absence of any facts, we have a policy that stifles a vital element of open justice. In addition, public authorities routinely use Contempt of Court as a means of avoiding accountability. As long as they can say a prosecution is possible (no need to give an actual date or even arrest anyone), then all public discussion is gagged. Witness the total information blackout on the fatal shooting of Jean Charles de Menezes in 2005 or the still secret reports into the London bombings of July 7 and 21 that year.

While the blame for such censorship rests squarely on the UK Government, it is also disturbing to see how easily the New York Times caved in to this egregious censorship.

“I think we have to take every case on its own facts,” said George Freeman, vice president and assistant general counsel of The New York Times Company. “But we’re dealing with a country that, while it doesn’t have a First Amendment, it does have a free press, and it’s our position that we ought to respect that country’s laws.”

This sounds remarkably similar to the reasons given by Google and Cisco Systems for acquiescing to China’s demand for Internet censorship. I would have thought a newspaper of the calibre of the New York Times would defend the rights of the British people to know what their government is doing. Instead, by blocking British readers’ access to the story it has upheld an unjust system of censorship and secrecy.

Questions after NYT blocks UK access

FOI a ‘waste’ while propaganda budget soars

Thursday, August 31st, 2006

It was only last month that Charlie Falconer, the Minister in charge of freedom of information, claimed the law was a waste of taxpayers’ money and as such fees must be slapped on any member of the public foolish enough to ask questions of politicians.

Now we learn the true hypocrisy of this bogus argument. While the Government whines about the ‘waste’ of being accountable to those who fund it, there seems to be no problem with the exuberant ues of tax money for pumping out shameless political propoganda.

Spending on spin trebles under Blair
Daily Telegraph

Spending on Government spin has trebled under Labour and taxpayers are now supporting an army of more than 3,200 press officers.

When Labour came to power in 1997, just over 300 fully-fledged press officers were working in Whitehall, although that figure excluded a small number of other public relations staff.

The amount being spent on Government advertising, marketing and public relations has risen three-fold since Mr Blair entered No 10.

The Central Office of Information’s PR, advertising and marketing budget has soared from £111 million in 1997 to £322 million last year. Much of the money has been spent on advertising flagship policies, including tax credits and extra help for pensioners.

Maybe now that Cheeky Charlie has seen the error of his ways, we can look forward to the introduction of fees for all those wasteful political press releases.

FOI offers the radical change needed

Thursday, August 31st, 2006

This week I read the results of a poll conducted by the Taxpayers Alliance. One of the key findings is that the public holds politicians and the current political system in contempt:

“All debate about alternatives is tainted by this general contempt and hopelessness: people cannot imagine any political force that reverses decline since they see politicians as a self-serving elite with a total grip that cannot be broken.”

If politicians and public servants are serious about reconnecting with the public then they must ditch their snobbish and condescending attitudes and start sharing power and knowledge with the public. I cannot count the number of times I have come across public servants who think their only obligation toward members of the public is to take our money. Public officials routinely refuse to publish line-item budgets, detailed expenses, contact details and in many cases even refuse to divulge their names!

This is simply unacceptable in a democracy. Here’s a suggestion for any public body concerned about its plummeting reputation – start answering all FOI requests in full and holding open meetings where the public have a say.

Secrecy over Chequers dinner dates

Thursday, August 31st, 2006

Again this Government is doing what it does best: going backwards not forwards. One of the first disclosures after the Right to Know law was enacted 1 January 2005 was the list of guests who dined at the Prime Minister’s Chequers residence. The list included a whole range of luminaries from the editor of the Guardian to TV celebs Richard and Judy. Now it seems, Tony Blair is fighting to keep this information secret. What does he have to hide?

Blair’s lips sealed over dinner guests at Chequers
Independent, 22 August 2006
By Oliver Duff

Wealthy donors aren’t the only New Labour supporters Tony Blair is keen to shield from the inquisitive spotlights of press, politicians and public. He is similarly protective over who he invites to dinner.

Lord Falconer, the Constitutional Affairs Secretary (and Blair’s former flatmate), may call the Freedom of Information Act “a giant step forward” in eroding official secrecy, but the PM again refuses to list the guests he has entertained at his Elizabethan country residence, Chequers.

The Liberal Democrat MP Norman Lamb is the proverbial thorn, hassling the Cabinet Office to release details of Tony’s cronies since November 2005. Lamb made a similar request last year, eventually succesful – revealing that David Bowie, Sir Ben Kingsley, Richard Madeley and Judy Finnegan were among those to have enjoyed the Blairs’ hospitality.

This year, however, Downing Street pen pushers have denied Lamb his moment of glory, relying on a nifty legislative loophole which says that they don’t have to reveal anything now – just so long as they plan to publish it “at some future date (whether determined or not)”. How about in 10 years’ time?

“The whole spirit of the freedom of information legislation is about openness, but the Government’s attitude towards it is to scupper it as much as they can,” says Lamb. “They established the principle of disclosure last year, but this time round I’ve suddenly been met by a brick wall.”

Downing Street commented that it had decided to publish the information at “regular” intervals.

Open Government Journal

Tuesday, August 22nd, 2006

The latest version of Steve Wood’s Open Government Journal is now online. It contains a particularly interesting article written by Paul Kelly, a former Canadian FOI Officer, about all the tricks used to block requests – some lessons for those of us encountering similarly obstructive UK officials.

Open Government: a journal on freedom of Information
www.opengovjournal.org

August 2006
Volume 2 Issue 1 now available

FOI improves public confidence in authorities

Sunday, August 20th, 2006

Freedom of information creates more confidence, research reveals
eGov monitor

The Freedom of Information Act is clearly increasing people’s confidence in public authorities, according to new research published by the Information Commissioner’s Office.

The findings show that 72% of individuals have more confidence in public authorities because of freedom of information, compared with only 55% in spring 2005, when the Act had only just come into force. Around three quarters of individuals (74%) questioned felt the Freedom of Information Act helped to promote accountability and transparency in public authorities, a significant rise from just over half in 2005.

Article: Future of investigative reporting

Friday, August 18th, 2006

Investigate!
The Journalist magazine, August/September 2006 issue

New techniques of accessing data online could lead to a revival of serious and challenging investigative reporting. HEATHER BROOKE reports from a London conference that highlighted the possibilities of computer-assisted reporting

Fact is more expensive than fiction, and with journalism now a business like any other, in-depth reporters are finding themselves priced out of the market. At the fourth Summer School for Investigative Journalism (July 21-23), 130 journalists and researchers discussed a profession under threat and how best to cope in the current economic and political climate.

The three-day conference was held at City University in London where the Centre for Investigative Journalism is now based. The event attracted reporters from the BBC, the heavy papers, independent production companies, the regional press, agencies and foreign journalists from Europe and America.

Speakers included Alfred McCoy, who exposed the CIA’s links with international drugs traffickers and use of psychological interrogation techniques; Anna Politkovskaia, a Russian journalist who is best known for her fearless coverage of the war in Chechnya, and Charles Lewis, the founder of the Centre for Public Integrity in Washington.

Two moods permeated the conference. The ‘doom and gloom’ set grizzled over the demise of mainstream investigative reporting programs. A petition went round to support senior reporter Luc Hermann whose investigative programme 90 minutes is being cut from Canal Plus in France. Charles Lewis, former 60 minutes producer, told delegates of his continuing frustration with the lack of resources allocated to in-depth reporting by the mainstream media in both the US and UK.
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Article: Access denied to the laws that govern us

Thursday, August 17th, 2006

I’ve written an article for the Guardian’s Free Our Data campaign that appeared in today’s paper:

Access denied to the laws that govern us
The Guardian, Technology August 17, 2006
By Heather Brooke

Shhh – don’t pass it on. It’s the kind of secrecy one might expect for a database of proposed nuclear reactors or plans to go to war. But a database containing the laws of the land? Surely the only way to obey the law is to know what it is in the first place? On August 2, the government rolled out the second stage of a long-delayed project to make the consolidated law of parliament accessible to the people. So how does it look? The public – who paid for the whole project – can’t get a look in.

No free public access sites have been granted permission to view the current system and testers of the database – predominantly from commercial legal publishing firms – have been told not to share their login and password. Even so, some testers are not entirely happy with what they’ve found after logging on to the top secret database of our country’s laws.

Firstly, an astounding Crown copyright notice greets the reader: “The Statute Law Database and the material on the SLD website are subject to Crown copyright protection. The Crown copyright waiver that applies to published legislation generally does not apply to SLD because it is a value-added product. Any reuse of material from SLD will be the subject of separate and specific licensing arrangements. No such arrangements have yet been entered into. Users should not therefore reproduce or reuse any material from SLD until further guidance is issued.”

Democracy advocates outraged

No matter that the value was added by public officials at taxpayer expense. Small commercial legal publishers and democracy advocates are outraged. “It is appaling that a government feels it should sell the laws it makes to the general public who must obey them,” said developer Francis Irving, who last month won two New Statesman new media awards for his web sites www.writetothem.com (the contribution to civic society award) and www.pledgebank.com (advocacy award). “Because the DCA’s data cannot be reproduced, it makes it impossible for anyone else to compete by providing new and innovative ways of accessing and learning the law.”

Irving had hoped to create a free, user-friendly legal database to rival his previous successes. As such he filed Freedom of Information Act requests last year asking for the raw data held by the Department for Constitutional Affairs. Instead of thanking Irving for his interest, the DCA denied his request. Matthew Elliot, the chief executive of the Taxpayers’ Alliance, is appalled by the government’s response: “Any information collected by the government at taxpayers’ expense should be freely available to the public. If private organisations are willing to collate information at no expense to the taxpayer, why on earth is the government spending money doing exactly the same thing?”

DCA spokesman Alfred Bacchus says that the copyright notice is only for the pilot system. “For live running it will be suitably amended. We have always quoted that there will be a level of free access for the general public but there may be a charge against some of the value added data (defined under the terms of the Treasury’s Wider Markets Initiative) depending on the outcome of the commercial strategy. This is being discussed at the moment.”
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Where can you find the law?

Thursday, August 17th, 2006

The most accurate and comprehensive sources for British law all cost money – and lots of it.

LexisNexis and Sweet & Maxwell (Westlaw): These are the only two private sector publishers that provide a substantially comprehensive set of consolidated legislation. Out of reach for all but the wealthiest law firms.

Halsbury’s Statutes: Available in hard copy or online. Authoritative and updated, found only in major public libraries or private law libraries.

Justis : A paid-for resource containing the laws as they were published (unconsolidated) going back many hundreds of years.

Where to find the law for free

Office of Public Sector Information: Access to “as-enacted” (ie, unconsolidated) legislation published by HMSO since 1987.

BAILII : Republished OPSI data with free value-added search facilities and hyperlinks. Again, this is incomplete and unconsolidated, so its utility is very limited.

Citizens Advice Bureaux: Some good basic factual information on major laws. For more detailed guidance you need to speak to a CAB advisor.

HM Court’s Service: Provides major case judgments. Tribunals tend to do better and most publish all their decisions. Some tribunals have their own websites.

Public Libraries: Most libraries simply don’t stock accurate updated legal reference tools because of their extortionate cost. Specialised law libraries are not free for public access.

Other resources for those interested in the availability of consolitaded law:
Binary Law Blog: A blog written by Nick Holmes that focuses on legal information: how it is authored, edited, managed, processed and published; who uses it, why and what for; its syntax and semantics.

British and Irish Association of Law Librarians – This organisation seeks to co-ordinate the ‘interests, opinions and activities of legal information professionals into a single influential voice’. I recently attended BAILL’s annual conference and discovered they have long favoured a free publicly accessible statute law database.

In today’s police state news…

Tuesday, August 15th, 2006

** Police push for ‘instant justice’ **
Police may press for more powers to penalise anti-social activities without having to go through the courts.
http://news.bbc.co.uk/go/em/fr/-/1/hi/uk/4793117.stm