Select Committee on Constitutional Affairs Written Evidence


Evidence submitted by Dr Nigel Dudley

  The attached e-mail from the Royal Statistical Society, that I received a few days ago, helps to give context to why I was using the Freedom of Information Act 2000 to try to access e-mails and other information relating to the research work underpinning the outcomes and savings figures in the NAO report. If the NAO can make a factor of 17 mistake in a calculation and endeavour to keep quiet this degree of error in relation to small sums what would it do if it made even larger errors in its calculations that impacted on how wisely and well the taxpayers' money was spent? The NHS computer project is, and like other projects such as the one in Wessex many years ago, going to consume millions/billions in years to come.

  If the Freedom of Information Act is altered in such a way as to limit requests, make unreasonable charges for requests, or include time spent by officials and others discussing whether to find or reveal information so as to legitimately be able to cost bar a request then this will not be good in a democratic society where there should be more open government.

  We all make errors and in medicine nowadays these are admitted to patients and relatives at an early stage so as to help maintain trust and confidence and avert later much more serious complaints and service failings; the Freedom of Information Act in its current format without the proposed restrictions should be an encouragement to organisations and public bodies, including the NAO, to admit errors at an early stage rather than delay or obfuscate as when the truth is revealed that can be far more damaging than early disclosure. Medicine has learned its lessons and has recognised the potential impact on the public of its less than acceptable behaviours through cases such as Bristol, Neale, Ledward, Shipman and others; have other organisations outside medicine yet learned the lessons?

  I hope this addition is helpful for the Committee and places the earlier communications in context and a clearer light as to what was attempting to be achieved with the FOIA requests; the e-mails exchanged between King's and the NAO between December 2005 to the end of February 2006 would have been likely to reveal crucial information as to who knew what and when about any errors in the NAO's/King's research modelling work that underpins the figures in both the NAO and PAC stroke reports. As it was, the use of a confidentiality clause when I made the request to King's College, a contract clause that can be utilised by both King's and the NAO to force me down a lengthy route via the Information Commissioner in relation to something that needs sorting out now before PCTs beginning investing in stroke services, prevented access to important information. Changes in legislation will shift the balance far to far in favour of those organisations and bodies wishing not to act openly and the Committee should be greatly concerned and act in the public interest to limit such a tightening of the Act.



 
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