The Freedom of Information Act (FOIA) applies only to England, Ireland and Wales – Scotland has similar, but separate legislation – and will require a transformation in the way public authorities deal with information requests from the general public.
Some parts of the Act are already in force, but many important provisions are not due to take effect until 1st January 2005. These include:
A general right of access to information held by public authorities in the course of carrying our their public functions, subject to certain conditions and exemptions;
A duty to disclose exempted information - in most cases - where it is in the public interest to do so; and
Publication schemes - each public authority will have to adopt a scheme for the publication of information. These must be approved by the Commissioner, will specify the classes of information the authority intends to publish, the manner of publication and whether the information is available to the public free of charge.
However, a survey carried out by the Office of the Information Commissioner (OIC) in September last year has found that local authorities still have a long way to go before they are in a position to effectively implement the legislation.
According to the survey:
While publication schemes are available on local authority web sites some local authorities do not yet have mechanisms in place to evaluate interest in the schemes;
While the majority of local authorities have combined responsibility for FOI with data protection or record management, some local authorities have not yet identified their FOI champions;
Training has varied from none at all to in-depth training for senior staff to general awareness training for all staff;
Local authorities are still to review clauses of confidentiality in relation to businesses under the 'access code' made the Act; and
Some English local authorities feel they do not need to renew their policy with the media, as good open relationships already exist, whilst some of the Welsh and Northern Irish local authorities have reviewed or introduced media policies.
According to Phil Boyd, assistant commissioner at the Information Commissioner's Office:
"With ten months to go before Freedom of Information the clock is ticking for many local authorities. While it is clear that local authorities recognise that the new legislation is looming, it is also apparent that many have not woken up to the scale of the challenge."
He continued:
"Every council employee must be involved in Freedom of Information and understand how to deal with a relevant request. Councils must double their efforts to make sure that this happens. Local authorities must make the shift from a need to know to a right to know culture and they must start now."
The OIC has been working closely with the Local Government Association to produce detailed FOI guidance for local authorities. The guidance is being published this week by the LGA to provide FOI officers, practitioners and decision makers with clear, practical and straightforward advice.
Phil Boyd added, "Research shows that trust in government is far too low. Freedom of Information offers a golden opportunity for our public institutions and services, including local authorities, to address these trends."
The survey is available as a 72-page pdf here