Evidence submitted by the National Council
for Voluntary Organisations (NCVO)
1. NCVO is the largest general membership
body for charities and voluntary organisations in England. NCVO
has sister councils in Wales, Scotland and Northern Ireland. Established
in 1919, NCVO gives voice to almost 5,000 organisations. NCVO
champions voluntary action, our vision is of a society in which
people are inspired to make a positive difference to their communities.
A vibrant voluntary and community sector deserves a strong voice
and the best support. NCVO works to provide that support and voice.
2. The Freedom of Information Act is a potentially
powerful tool for citizens, communities and the organisations
that work on their behalf. By giving people the right to know
what government is doing in their name, the Act can promote more
informed debate about public policy issues. For voluntary and
community organisations, it can support their campaigning and
advocacy work, drawing attention to the debates surrounding their
cause.
3. In 2005 NCVO and Ashridge Business School
undertook a survey to assess the extent to which voluntary and
community organizations (VCOs) were aware of and/or had used the
Act at that time. More than half of respondents said that they
could see the value of using the Act to support their work, although
only nine per cent of respondents had actually done so at that
time. However, an overwhelming number of respondents (85%) said
they needed more help and support to be able to understand how
the Act works and how they could make use of it. This is in line
with findings from the Constitutional Affairs Select Committee,
which similarly concluded that there "appears to be a lack
of clarity and some under-use of the existing provisions".[32]
4. Although anecdotal evidence suggests
that the number of VCOs familiar with and using the Act has increased
since then, nevertheless a lack of awareness or understanding
of the legislation is of greater concern than so-called "frivolous"
requests for information. In our view the Act should be made more
accessible, not less.
5. As the Constitutional Affairs Committee
has argued, the legislation has benefited a wide range of individuals
and organizations, who have been able to use information released
under the Act in a positive and constructive way. We agree with
this and with the Committee's conclusion that there is no need
to change the fees regulations. The proposed changes would severely
curtail the ability of individuals, organisations and the media
to hold government and other public authorities to account.
6. We are also concerned that the consultation
being run is in breach of the Compact, the agreement between government
and the voluntary sector. The consultation is not meaningful it
asks for comment on the impact of the regulations being in place
rather than if they should be in place or not. The Compact consultation
code of good practice 5.3 states:
"Consultation has to be a meaningful process
if it is to command credibility. Government should make clear
in the consultation process those matters which are open to change
and those on which is has made a firm decision."
7. We do not think that this consultation
has been set up in a meaningful way. The Government has not made
clear whether the proposals themselves are open to change, or
even to being abandoned outright, should there be a strong negative
response to the new regulations. It is therefore not Compact compliant.
For this reason we would like to see the current consultation
reissued so that both the process and content are meaningful and
credible.
Saskia Daggett
February 2007
32 Constitutional Affairs Select Committee, 2005,
The Freedom Of Information Act One Year On. Back
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