freedom of information.co.uk

October 20th 2004

The Deputy Information Commissioner Graham Smith yesterday confirmed the Government is considering allowing public authorities more time to answer freedom of information requests.  He told a committe of MPs that in some circumstances the limit of 20 days could be extended to up to 60 days.  

Under the Freedom of Information Act over 100,000 authorities, ranging from central Government departments to primary schools, are obliged to open their files to anyone who asks, providing the information is not legally exempt.  Information requests should be answered within 20 working days, but the all-party Constitutional Affairs Select Committee earlier heard evidence that many organisations are not prepared for the Act’s introduction on January 1 next year.  

Mr Smith reminded the committee that Act allowed the Secretary of State for Constitutional Affairs to extend the limit to 60 working days, adding “I understand there has been consultation within Whitehall just in the last six months asking departments whether they wanted to suggest that in certain circumstances the 20 working days should be extended.”  The extension requires an order to be passed by Parliament to create the necessary statutory instrument.  Mr Smith confirmed that a submission had been made to the Secretary of State and that the statutory instrument was being formulated. 

A spokeswoman for the Department of Constitutional Affairs told freedomofinformation.co.uk that the order would be put before Parliament in early November.  Although she could not reveal the precise proposals, she said the extension of the 20-day limit would apply only in very limited circumstances.  It is thought those circumstances might include requests for information that is held abroad.

Earlier this week the Secretary of State, Lord Falconer, reaffirmed his commitment to freedom of information.  Interviewed by The Guardian on Monday, he promised the Act will lead to ‘a big cultural change’ in Whitehall.  Yesterday he told the Society of Editors annual conference there will be no charge for information that costs central government departments £600 to produce.  The cost ceiling for other public bodies will be £450.