22 October 2004
Local authorities have been warned they have no excuse for being ill-prepared for the Freedom of Information Act.
The stark message from information commissioner Richard Thomas followed a parliamentary hearing into the public sector's preparedness for the FoI, at which council representatives claimed they should be given more time to adjust to the Act.
At a meeting of the Commons' constitutional affairs select committee on October 19, Dr Lydia Pollard, e-government adviser at the Improvement and Development Agency, claimed that 'around 90%' of councils would be ready for FoI. The Act, which establishes a statutory right of public access to information held by 100,000 bodies, comes into force in January.
But Pollard said some authorities 'might struggle' to meet the strict requirement to respond to requests within 20 working days. Many councils have not implemented sufficient electronic data systems, she revealed.
Peter Chalke, vice-chair of the Local Government Association, said he would prefer an initial 40-day 'comfort zone', because local authorities are unaware what the demand for information will be.
But Thomas, who is responsible for monitoring organisations covered by the Act, said: 'I've made it very clear that they [councils] have had four years to get ready. I have statutory functions to fulfil and I can't tolerate failure to be ready.'
Public bodies that do not meet their obligations could be investigated by Thomas's independent Information Commissioner's Office, leading to prosecution.
Concerns raised by councils included the lack of Whitehall funding covering councils' spending in preparing for the Act. Faith Boardman, chief executive of the London Borough of Lambeth, said she had trained 4,500 staff, 'equivalent to ten or 12 years of man hours', in preparation. 'Those are sunk [hidden] costs and I'm not sure they have been taken into account,' she added.
MPs, meanwhile, claim some guidance for public bodies is still available only in draft form.
Constitutional Affairs Secretary Lord Falconer has confirmed that most people requesting information will not pay. Fees will only apply in cases where the cost of provision exceeds £450, or £600 for Whitehall departments.
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