freedom of information.co.uk

October 22nd 2004

The Director of the Campaign for the Freedom of Information, Maurice Frankel, has said he believes the UK Freedom of Information Act is superior to its American equivalent. But, interviewed by freedomofinformation.co.uk, he warned against complacency and expressed concern that the Government could block the release of sensitive information.

The Act, which comes in to force on January 1st 2005, allows the public access to information held by over 100,000 public bodies, ranging from government departments to GP surgeries.  It represents a major milestone for the campaign, which Mr Frankel has worked for since its foundation in 1984.  He successfully lobbied to strengthen the Act after he, and other public interest campaigners, condemned the draft legislation as too weak. 

Mr Frankel continues to be uneasy about the Act’s exemptions, which allow officials to withhold some categories of political and commercial information.  However, he pointed out that, unlike the US Act, most such decisions will have to be justified on ‘public interest’ grounds.  He is also pleased that the Act is enforced by a public watchdog - the Information Commissioner - rather than the courts, and added, ‘If you asked me would you do a straight swap between the American FOIA and ours, I would say no without any hesitation.’

The US Act has been in force since 1966 and has allowed the media and campaigners to uncover numerous political scandals.  Mr Frankel said that if the UK Act is to have a similar impact there has to be a commitment from the centre of government: ‘If government departments understand that the Prime Minister won’t be too concerned if they don’t go out of their way to comply, that will have a major effect on the way the Act operates.’  He said some departments and public bodies appeared to be taking the Act seriously.

Last week Mr Frankel criticised the Government for introducing the Freedom of Information Act in one swoop on January 1st next year.  Speaking to the House of Commons Constitutional Affairs Select Committee, he said this ‘big bang’ approach was ‘verging on potential catastrophe.’

Read full interview with Maurice Frankel