A small step in the right direction. That was how the Soc iety of Editors described a Home Office announcement that the power of the Information Commissioner will be strengthened by amendments to the Freedom of Information Bill to be tabled by the government.
Under the current draft of the Bill, the disclosure of information by a public authority under Clause 13 would be entirely at the public authority's discretion. The public authority would only be required to consider whether disclosure would be in the public interest.
But under the amendment a statutory requirement would be created forcing public authorities to disclose information whenever they believe that, on balance, public interest would be served by disclosure.
Secondly it would empower the Commissioner to demand that public authorities disclose information when the authority has not done so, and the Commissioner believes disclosure would be in the public interest.
It would only allow the public authority not to comply with the Commissioner if a Minister or local councillor certifies, within 20 days, that it is their opinion that the public authority's decision was correct.
Our view is that openness will not be achieved if government retains the right to decide on disclosure.
If they mean business about empowering the public by giving them information, they have a right to know ministers should make sure there is a presumption in favour of open-ness at the top of the Bill.
Even if these amendments were accepted ministers and local politicians would still be able to close down information. I don't regret raising the issue of this Bill one again. We have to keep up the pressure.
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