Freedom of Information Act 2000 - Reception

Reception

At the time of the passing of the Act, advocates of freedom of information legislation were critical of the bill for its complexity, limited scope and the inclusion of a ministerial veto. Lord Mackay criticised the bill in the House of Lords as "toothless" for its inclusion of a provisions allowing ministers to veto applications.

By contrast, former prime minister Tony Blair responsible for passing the Act as "One of the biggest mistakes of his career" . He says that "For political leaders, it's like saying to someone who is hitting you over the head with a stick, 'Hey, try this instead', and handing them a mallet. The information is neither sought because the journalist is curious to know, nor given to bestow knowledge on 'the people'. It's used as a weapon." Labour Peer Lord Falconer has criticised the use of the act by journalists for ""fishing expeditions" into salacious stories, arguing that: "…FoI is not for press it is for the people. It needs to be properly used in order to promote good Government. Information needs to be handled responsibly, and I strongly believe that there is a duty of responsibility on behalf of the media as well."

In the article Freedom of Information: A sheep in wolf's clothing? Rodney Austin offers the following criticisms of the substance of the Act:

  • The range of exemptions is wider than for any other freedom of information acts existing in a democratic state.
  • The obligations to establish publication schemes were diluted meaning that there is no duty to publish information of any specified type
  • There is a ministerial veto which undermines the Act. This has been used five times: the first time to stop publication of minutes of cabinet meetings relating to the invasion of Iraq, the second and third time by successive governments to stop publication of cabinet meetings relating to discussions regarding devolution, the fourth to stop publication of a risk register on NHS overhaul in England, and the fifth to stop publication of private letters Charles, Prince of Wales sent to a number of government departments.

The legislation has also been criticised for "loopholes" that allow authorities to avoid disclosing information in certain situations. Companies owned by one public authority are generally subject to the Act but companies owned by two or more public authorities are not covered.

Read more about this topic:  Freedom Of Information Act 2000

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