Making government
more open
7.1 Openness does not begin and end with a Freedom of Information Act. Overseas experience shows that statutory provisions need to be championed within government itself if openness is to become part of the official culture rather than an irksome imposition.
7.2 We believe that this sort of culture change has taken place in some countries - the USA and New Zealand are examples. We see no reason why it should not also be possible in the UK, despite a more entrenched culture of secrecy extending back at least to the 19th century and the Official Secrets Acts from 1889 onwards.
7.3 This will however mean that, for at least some public authorities, a Freedom of Information Act will bring with it substantial new obligations. This is all the more likely, given the very wide intended coverage of the Act. Arrangements for phasing-in through the progressive extension of the Act's provisions to all sectors and all different types of information may be needed. Existing mechanisms for openness - including the Code of Practice on Access to Government Information - will remain in place, with any necessary changes to smooth the transition to the fully-implemented legislation. A programme of work will be needed to facilitate this process.
7.4. In addition, a number of key tasks must be undertaken if we are to make an FOI Act the beginning of a real culture change:
- the general public will need a user-friendly "How to use FOI" guide;
- the public authorities covered by the Act need to be encouraged and helped to fulfil their obligations (whether statutory or otherwise) to pursue active openness - for example publishing internal manuals, performance indicators, giving reasons for decisions and so on;
- public authorities will need access to authoritative and up-to-date guidance in working with and interpreting the Act;
- effective training for officials must be organised and provided. A learning culture must be developed as the Act takes effect. For example, case studies of general interest could be assembled, publicised and made the subject of training courses;
- the operation of the Act needs to be monitored, leading to an annual report to Parliament;
- there needs to be a central point within government to which the Information Commissioner can turn to ease communication and liaison with the many public authorities covered by the Act.
These tasks are vital if we are to realise our objective of a more open government.
7.5 A clear, active and testing approach by the Information Commissioner is unquestionably a key aspect of changing the culture, and Chapter 5 sets out our proposals for ensuring that the Commissioner does indeed play such a role. Some of the functions listed above may well also properly fall to the Commissioner, in furtherance of his or her role.
7.6 In general however, we believe that the role of champion should best be supplied by government itself. It is vital that FOI should not result in a position where all the pressure for an open and positive approach to disclosure of information lies outside government, while a resulting counter-culture of reluctance develops within.
7.7 The Chancellor of the Duchy of Lancaster set up a small dedicated FOI Unit in the Cabinet Office (Office of Public Service) in May this year. That Unit, in liaison with the Information Commissioner's Office, the Civil Service College, nominated contacts in government departments and other public bodies with a direct interest in FOI matters, will be well placed to carry forward much of this work.
7.8 All formal guidance and circulated papers of this Unit, together with, for example, the minutes of its meetings with the Information Commissioner or his/her Office, would be open documents, perhaps forming appendices to the Annual Report on FOI to Parliament. While the main focus of the Unit's work would be government departments, it would also co-ordinate its work closely with other larger public bodies and those in government performing key sponsor roles for other public services covered by the Act, such as the Department of Health and NHS Management Executive.
7.9 The Unit would also work with the Civil Service College and other training providers to ensure that training about the Act, the statutory functions and duties it imposes, and the importance of open government generally, was properly planned and implemented. The Government will consider inclusion of FOI awareness training in the central monitoring of Departments' training and development Action Plans under the requirements of the 1996 White Paper Development and Training for Civil Servants: A Framework for Action.
7.10 The Government regards these commitments as essential to ensure that the momentum towards open and accountable administration created by the FOI Act is maintained.
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