Freedom of information in the United Kingdom
Encyclopedia
Freedom of information legislation in the United Kingdom is controlled by two Acts of the United Kingdom and Scottish Parliaments respectively, which both came into force on 1 January 2005.
Certain information can only be obtained under the Environmental Information Regulations 2004.
As a large number of public bodies in Scotland (for example, educational bodies) are controlled by the Scottish Parliament
, the 2000 Act would not apply to them, and thus a second Act of the Scottish Parliament was required. It should, however, be noted that the scope of the two Acts is effectively identical - the types of public bodies covered in England, Wales and Northern Ireland are also covered in Scotland - and the requirements are almost identical, though the Scottish Act has slightly stronger phrasing in favour of disclosing information.
The 2000 Act does not extend to public bodies in the overseas territories or crown dependencies. Some of these have contemplated implementing their own legislation, though none is currently in force.
at the 1997 general election
. This promised to introduce some form of freedom of information legislation in line with other western nations.
A schedule for compliance was arranged at the time of the 2000 Act, and then for the 2002 Act, with timescales arranged so that both would come into full force on the same date - 1 January 2005. This reduced confusion and ambiguities, but the delay in passing an Act in Scotland pushed back the final implementation by some time. As a result, a manifesto promise from the 1997 election was finally fulfilled just in time for the 2005 election
.
In 2007, the Freedom of Information (Amendment) Bill
was introduced as a private members bill in the House of the Commons by the Conservative
MP
David Maclean
. The bill proposed to exempt MPs and Peers
from the provisions of the 2000 Act, but whilst it successfully completed its passage in the Commons, it failed to progress through the House of Lords
after failing to find a sponsor.
- Freedom of Information Act 2000Freedom of Information Act 2000The Freedom of Information Act 2000 is an Act of Parliament of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level...
(the "2000 Act") - Freedom of Information (Scotland) Act 2002Freedom of Information (Scotland) Act 2002The Freedom of Information Act 2002 was an Act of the Scottish Parliament passed in 2002. It covers public bodies over which the Scottish Parliament has jurisdiction, fulfilling a similar purpose to the UK-level Freedom of Information Act 2000...
("the 2002 Act" or "the Scottish Act")
Certain information can only be obtained under the Environmental Information Regulations 2004.
As a large number of public bodies in Scotland (for example, educational bodies) are controlled by the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
, the 2000 Act would not apply to them, and thus a second Act of the Scottish Parliament was required. It should, however, be noted that the scope of the two Acts is effectively identical - the types of public bodies covered in England, Wales and Northern Ireland are also covered in Scotland - and the requirements are almost identical, though the Scottish Act has slightly stronger phrasing in favour of disclosing information.
The 2000 Act does not extend to public bodies in the overseas territories or crown dependencies. Some of these have contemplated implementing their own legislation, though none is currently in force.
History
In 1977, a draft "Freedom of Information and Privacy Bill" was circulated; this was shorter and simpler than the later Acts, and also included privacy legislation. Later versions were occasionally suggested by opposition parties, and it became a manifesto commitment for the Labour PartyLabour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
at the 1997 general election
United Kingdom general election, 1997
The United Kingdom general election, 1997 was held on 1 May 1997, more than five years after the previous election on 9 April 1992, to elect 659 members to the British House of Commons. The Labour Party ended its 18 years in opposition under the leadership of Tony Blair, and won the general...
. This promised to introduce some form of freedom of information legislation in line with other western nations.
A schedule for compliance was arranged at the time of the 2000 Act, and then for the 2002 Act, with timescales arranged so that both would come into full force on the same date - 1 January 2005. This reduced confusion and ambiguities, but the delay in passing an Act in Scotland pushed back the final implementation by some time. As a result, a manifesto promise from the 1997 election was finally fulfilled just in time for the 2005 election
United Kingdom general election, 2005
The United Kingdom general election of 2005 was held on Thursday, 5 May 2005 to elect 646 members to the British House of Commons. The Labour Party under Tony Blair won its third consecutive victory, but with a majority of 66, reduced from 160....
.
In 2007, the Freedom of Information (Amendment) Bill
Freedom of Information (Amendment) Bill
The Freedom of Information Bill was a private members bill introduced to the House of Commons of the United Kingdom in 2007 which failed to become law. Conservative Member of Parliament David Maclean introduced the bill to ensure that MPs correspondence is exempt from freedom of information laws...
was introduced as a private members bill in the House of the Commons by the Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
David Maclean
David Maclean
David John Maclean, Baron Blencathra is a Conservative Party life peer. He was the Member of Parliament for Penrith and The Border from 1983 to 2010.-Biography:...
. The bill proposed to exempt MPs and Peers
Members of the House of Lords
This is a list of members of the House of Lords, the upper house of the Parliament of the United Kingdom.-Lords Spiritual:-Lords Temporal:-Peers on leave of absence:...
from the provisions of the 2000 Act, but whilst it successfully completed its passage in the Commons, it failed to progress through the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
after failing to find a sponsor.
See also
- Freedom of information legislationFreedom of information legislationFreedom of information legislation comprises laws that guarantee access to data held by the state. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions...
- Campaign for Freedom of InformationCampaign for Freedom of InformationThe Campaign for Freedom of Information is a lobbying group based in the United Kingdom that campaigns for Freedom of information in the United Kingdom and against unnecessary secrecy by the UK Government.It is not affiliated with any political party....
- Information Commissioner's Office
- Scottish Information CommissionerScottish Information CommissionerThe Scottish Information Commissioner is responsible for the promotion and enforcement of the Freedom of Information Act 2002 and the ....
External links
- Freedom of Information and Privacy Bill. London: Parliamentary Stationery Office, 1977
- Information Commissioner's Office
- What Do They Know? Make and explore Freedom of Information requests