161/99 24 May 1999 

RADICAL PROPOSALS FOR FREEDOM OF INFORMATION PUBLISHED

Increased openness and accountability are the aims of a draft Freedom
of Information Bill published today by the Home Office.

The draft Bill contains clear and robust access rights for members of
the public who want information about public services that affect 
their everyday lives.

The main features of the draft Bill are:

- A general right of access to information held by public authorities
in the course of carrying out their public functions, subject to 
certain conditions and exemptions;

- A requirement placed on public authorities, in light of the public 
interest, to consider disclosing information which may otherwise be 
exempt under the Freedom of Information Bill;

- A duty imposed on public authorities to adopt schemes for the 
publication of information;

- A new office of Information Commissioner and a new Information 
Tribunal, with wide powers to enforce the rights created.

A large number of bodies are covered by the draft legislation opening
up such areas as:

- information about the conduct of inquiries from police forces;

- how local schools apply their admission criteria; and 

- how hospitals and general practitioners prioritise their waiting 
lists.

The exemptions within the Bill are:

- National security, defence and international relations;

- Safety of the individual and the public;

- Integrity of the decision making and policy advice processes;

- Commercial interests;

- Law enforcement;

- The disclosure of personal information and information supplied in 
confidence.

Announcing the publication of the draft Bill, Home Secretary Jack 
Straw said:

"This document is a landmark in the constitutional landscape of this 
country, getting people more closely involved in the decisions which 
affect their everyday lives. On any comparison, the regime proposed 
for the United Kingdom in this Bill is among the more open of those 
countries with FOI provisions.

"A careful balance has to be struck between extending access to 
information and preserving confidentiality where disclosure would be 
against the public interest. It is a difficult balancing act but one 
I think we have got right in this draft Bill - with the scales 
weighted decisively in favour of openness.

"A whole change in culture will be needed throughout the public 
sector and I am determined to bring about this change " indeed we are
already delivering some of the benefits of freedom of information 
now. And Lord Williams is chairing a task force dedicated to paving 
the way for a culture of openness in public organisations."

A consultation document has been published to accompany the draft 
Bill. This contains detailed tables comparing the terms of the Bill 
with the White Paper and the current non-statutory code; and 
comparing Freedom of Information regimes in other countries.

NOTES FOR EDITORS

1. The consultation period ends on 12 July 1999. Comments should be 
sent to Stephen Winter at the Freedom of Information Unit at the Home
Office. All responses will be made available to the public.

2. The draft Bill will be scrutinised by the Select Committee on 
Public Administration. It will also be subject to scrutiny by the 
House of lords Delegated Powers and Deregulation Committee.

3. The draft Bill (Cm 4355) can be read on the Home Office website 
on : www.homeoffice.gov.uk/. Copies are also available from the 
Stationery Office on

4. The Freedom of Information White Paper "Your Right to Know" was 
published in December 1997. The draft Bill implements those proposals
in the White Paper where primary legislation is the appropriate 
vehicle for doing so. Other aspects of the White Paper will be 
implemented through secondary legislation, codes of practice or 
administrative procedures.





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