Select Committee on Foreign Affairs Written Evidence


Freedom of Information: The FCO's First Year

  The Freedom of Information Act (FOIA) went live on 1 January 2005. The Department of Constitutional Affairs' report (available at http://www.dca.gov.uk/foi/imprep/annrep05.pdf) on the first year of operation of FOI in central government was published in late May 2006 and provides a detailed, comparative statistical analysis of the FCO's performance. The following is a summary of what the FCO has achieved.

VOLUME

  19,700 FOI requests were received across Whitehall in 2005. Of these, the FCO received 1,315, generating 80 requests for internal review (IR) of our decisions, and 17 complaints from the Information Commissioner's Office (ICO). The table below shows the breakdown for the FCO of each by quarter, together with the 1st quarter 2006 figures for comparison.


  A challenging first quarter (44% of the total requests in 2005) was followed by a marked drop in new requests in the second half of the year. Numbers have risen sharply again in 2006. The trend has been broadly reflected across government.

  Alongside FOI we are also dealing with a significant rise in requests under:

    —  The Data Protection Act (DPA): 2005—67 including a major case about two former Guantanamo Bay detainees; 2004—6.

    —  The Environmental Impact Regulations (EIR): 2005—10; 2004—0.

PERFORMANCE

  Performance in meeting permitted deadlines ended the year on 93% following a progressive improvement. The following table compares the FCO quarterly performance with the Whitehall average.

TYPES OF APPLICANT

  Largest groups in descending order are:

    —  the public (c 50%)

    —  the media (c 30%)

    —  academics

    —  solicitors

    —  MPs

    —  professional FOI requestors (several internet-based companies provide fee-paying services to lodge and follow up FOI requests).

  Many Whitehall Departments have received repeated requests, and vexatious requests, during the first year of FOI and these are being responded to robustly in line with ICO guidance. The FCO has had three such requestors, one of which accounted for 5% of all requests.

TYPES OF REQUEST

  Iraq and the EU were the most popular topics in the first quarter, but have since declined. FCO management issues currently account for around 25% of requests and have a high release rate. Requests for older material (1975-80s) also run at about 25%. Otherwise there is no discernible trend. Compared to other Government Departments the FCO receives few frivolous requests and none simple enough to be answered substantively within a few days, except where we hold no information or the request exceeds the cost limit. No directorate stands out as particularly hard-hit.

RESPONSES


  The following chart shows how the FCO responded to requests.

The FCO response rate for full or partial disclosure stands at 56% of total requests [70% of resolvable requests]. The equivalent Whitehall figure is 60% [75% of resolvable requests]. The FCO's lower disclosure rate reflects the more sensitive nature of much of the information we hold.

PROACTIVE DISCLOSURE

  In May 2005 the FCO became the first Department to launch a dedicated website for FOI disclosures, regarded across Whitehall as a model of best practice. 211 items have been published on the website, representing more than 500 pages of information which range from the shooting of Bob Marley in 1976 to information relating to Iraq's use of chemical weapons.

USE OF EXEMPTIONS

  The following table gives details of the exemptions used by the FCO in 2005. Unsurprisingly s27 (international relations) was the most-used exemption.
S(27)—International relations. 195
S(35)—Formulation of government policy, etc. 156
S(40)—Personal information.78
S(23)—Information supplied by, or relating to, security bodies. 73
S(36)—Prejudice to effective conduct of public affairs. 71
S(42)—Legal professional privilege. 42
S(24)—National security.37
S(31)—Law enforcement.16
S(43)—Commercial interests.16
S(41)—Information provided in confidence. 14
S(22)—Information intended for future publication. 10
S(38)—Health and safety.8
S(26)—Defence.3
S(28)—Relations within the United Kingdom. 3
S(32)—Court records, etc.1
S(37)—Communications with Her Majesty, etc and honours. 1
S(44)—Prohibitions on disclosure. 1
Information Management Group

June 2006





 
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