Post Legislative Scrutiny Of The Freedom Of Information Act 2000
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Post-legislative scrutiny of the Freedom of Information Act 2000 by Great Britain: Parliament: House of Commons: Justice Committee Pdf
Incorporating HC 1849-i-v, session 2010-12. Additional written evidence is contained in Volume 3, available on the Committee website at www.parliament.uk/justicecttee
Post-legislative scrutiny of the Freedom of Information Act 2000 by Great Britain: Parliament: House of Commons: Justice Committee Pdf
Some former Ministers and senior civil servants argue that Freedom of Information (FOI) is having a 'chilling effect' on policy discussion at the heart of government. The Committee recognised there could be a problem--at least of perception. However the existing provisions of the Act could be used more effectively, including use of the ministerial veto to ensure a "safe space" for high-level policy discussions. The number of FOI requests is growing and some witnesses suggested introducing fees for FOI. However, while FOI imposes costs, it also creates savings when the inappropriate use of public funds is uncovered - or where fear of disclosure prevents the waste of public money. Setting fees could deter requests with a strong public interest and therefore defeat the purposes of the Act. Fees introduced purely for commercial and media organisations could also be circumvented. The MPs recommended: higher fines should be imposed for destruction of information or data and the time limit should be removed on prosecution of these offences; the law should be amended to protect universities from having to disclose research and data before the research has been published; all public bodies subject to the Act should be required to publish data on the timeliness of their response to freedom of information requests; the right to access information must not be undermined by the increased use of private providers in delivering public services and contracts for private providers should be explicit and enforceable in stipulating FOI obligations; where public authorities publish disclosure logs, the names of those requesting information should be included
House of Commons - Justice Committee: Post-legislative Scrutiny Of Part 2 (Encouraging Or Assisting Crime) Of The Serious Crime Act 2007 - HC 639 by Great Britain: Parliament: House of Commons: Justice Committee Pdf
The Government presented its Post-legislative Scrutiny of the Serious Crime Act 2007 Memorandum to the Home Affairs Committee and Justice Committee in November 2012. The parts of the Memorandum falling within the Justice Committee's remit were a) Serious Crime Prevention Orders and b) Part 2, in particular, offences of encouraging or assisting crime in terms of prosecution and interpretation of the sections by courts and the CPS. There is concern about the trenchant criticism that Part 2 of the Serious Crime Act 2007 received. In addition, Part 2 was the subject of appeals to the Court of Appeal. The report concurs with the academics who wrote that the sections are complex and difficult to understand for lawyers, let alone for defendants, jurors and other lay-people working in the criminal justice system. It raises some key concerns and questions about the purpose of post-legislative scrutiny. It is considered that where the substance of an Act or part of an Act is to create or revise criminal offences it is appropriate for questions of a purely legal or technical nature to be considered. The latest judgment in the case of Sadique may allow the legislation to settle into accepted use and interpretation. However, the Ministry should conduct a further and full post-legislative assessment of Part 2 in 2016. If, in the meantime, the number of appeals on Part 2 increases, the Ministry should consider bringing forward legislative proposals for revising, or even replacing, Part 2 to meet the purpose of the legislation in a less tortuous fashion
Post-legislative Scrutiny by Great Britain: Law Commission Pdf
The Commission's report examines the options for ensuring adequate post-legislative scrutiny of Acts of Parliament, in the light of the recommendation of the House of Lords Select Committee on the Constitution (in their 14th report, HCP 173-I, session 2003-04; ISBN 0104005416). The main focus of the report is on primary legislation, but it also considers delegated legislation and European legislation. Issues discussed include: existing forms and benefits of post-legislative scrutiny in the UK Parliament and in other jurisdictions (including Canada, Australia, Germany, France and the EU); the experience of pre-legislative scrutiny; and options for post-legislative scrutiny mechanisms. A number of consultation questions are given, and responses should be received by 28th April 2006.
Parliaments and Post-Legislative Scrutiny by Franklin de Vrieze,Philip Norton Pdf
To what extent have parliaments a responsibility to monitor how laws are implemented as intended and have the expected impact? Is the practice of Post-Legislative Scrutiny emerging as a new dimension within the oversight role of parliament? What approach do parliaments apply in assessing the implementation and impact of legislation? These are the fascinating questions guiding this book. Case studies offer an in-depth look at how particular countries and the European Union conduct Post-Legislative Scrutiny. The analysis puts Post-Legislative Scrutiny in the context of parliamentary oversight and parliaments’ engagement in the legislative cycle. The purpose of this book is to demonstrate the value of Post-Legislative Scrutiny as a public good, benefiting the executive, legislature and the people in ensuring that law delivers what is expected of it, as well as to respond to the need for greater clarity as to what is meant by the term. In this way, the publication can assist legislatures to think more clearly as to what precisely they understand, and seek to achieve, by Post-Legislative Scrutiny. This book is the result of the co-operation between the Centre for Legislative Studies at the University of Hull and the Westminster Foundation for Democracy. The chapters were originally published as a special issue of The Journal of Legislative Studies.
Research Handbook on Transparency by Padideh Ala’i,Robert G. Vaughn Pdf
The expert contributors identify the goals, purposes and ramifications of transparency while presenting both its advantages and shortcomings. Through this framework, they explore transparency from a number of international and comparative perspectives.
This is the fourth edition of what is the leading practitioner's text on freedom of information law. Providing in-depth legal analysis and practical guidance, it offers complete, authoritative coverage for anyone either making, handling or adjudicating upon requests for official information. The three years since the previous edition have seen numerous important decisions from the courts and tribunals in the area. These and earlier authorities supply the basis for clear statements of principle, which the work supports by reference to all relevant cases. The book is logically organised so that the practitioner can quickly locate the relevant text. It commences with an historical analysis that sets out the object of the legislation and its relationship with other aspects of public law. Full references to Hansard and other Parliamentary materials are provided. This is followed by a summary of the regime in five other jurisdictions, providing comparative jurisprudence which can assist in resolving undecided points. The potential of the Human Rights Act 1998 to support rights of access is dealt with in some detail, with reference to all ECHR cases. Next follows a series of chapters dealing with rights of access under other legislative regimes, covering information held by EU bodies, requests under the Data Protection Act and the Environmental Information Regulations, public records, as well as type-specific rights of access. These introduce the practitioner to useful rights of access that might otherwise be overlooked. They are arranged thematically to ensure ready identification of potentially relevant ones. The book then considers practical aspects of information requests: the persons who may make them; the bodies to whom they may be made; the time allowed for responding; the modes of response; fees and vexatious requests; the duty to advise and assist; the codes of practice; government guidance and its status; transferring of requests; third party consultation. The next 13 chapters, comprising over half the book, are devoted to exemptions. These start with two important chapters dealing with general exemption principles, including the notions of 'prejudice' and the 'public interest'. The arrangement of these chapters reflects the arrangement of the FOI Act, but the text is careful to include analogous references to the Environmental Information Regulations and the Data Protection Act 1998. With each chapter, the exemption is carefully analysed, starting with its Parliamentary history (giving full references to Hansard and other Parliamentary material) and the treatment given in the comparative jurisdictions. The analysis then turns to consider all court judgments and tribunal decisions dealing with the exemption. The principles are stated in the text, with footnotes giving all available references. Whether to prepare a case or to prepare a response to a request, these chapters allow the practitioner to get on top of the exemption rapidly and authoritatively. The book concludes with three chapters setting out the role of the Information Commissioner and the Tribunal, appeals and enforcement. The chapter on appeals allows the practitioner to be familiar with the processes followed in the tribunal, picking up on the jurisprudence as it has emerged in the last eight or so years. Appendices include: precedent requests for information; a step-by-step guide to responding to a request; comparative tables; and a table of the FOI Act's Parliamentary history. Finally, the book includes an annotated copy of the FOIA Act, the Data Protection Act 1998, the Environmental Information Regulations 2004, all subordinate legislation made under them, EU legislation, Tribunal rules and practice directions, and the Codes of Practice.ContributorsProf John Angel, former President of the Information TribunalRichard Clayton QC, 4-5 Gray's Inn SquareJoanne Clement, 11 KBWGerry Facena, Monkton ChambersEleanor Gray QC
The Freedom of Information Officer's Handbook by Paul Gibbons Pdf
Freedom of information (FOI) is now an international phenomenon with over 100 countries from Albania to Zimbabwe enacting the right to know for their citizens. Since 2005, the UK’s Freedom of Information Act has opened up thousands of public bodies to unparalleled scrutiny and prompted further moves to transparency. Wherever the right to know is introduced, its success depends on the way it is implemented. In organisations worldwide, FOI only works because of those who oversee its operation on a day-to-day basis, promoting openness, processing requests and advising colleagues and the public. FOI is dependent on the FOI Officers. The Freedom of Information Officer’s Handbook is a comprehensive guide to FOI and its management. It is designed to be an indispensable tool for FOI Officers and their colleagues. It includes: - a guide to the UK’s FOI Act, the right to know and the exemptions - clear analysis of the most important case law and its implications for the handling of FOI requests - pointers to the best resources to help FOI officers in their work - explanations of how FOI interacts with other legislation, including detailed explorations of the Environmental Information Regulations 2004 and how the EU’s General Data Protection Regulation impacts on FOI - a look at requirements to proactively publish information and the effect of copyright and re-use laws on FOI and open data - comparisons of the UK’s Act with FOI legislation in other jurisdictions from Scotland to South Africa - an exploration of the role of the FOI Officer: who they are, what they do, their career development and what makes them effective - suggestions on how to embed FOI within an organisation using effective procedures, technology and training - a stage-by-stage guide to processing requests for information. The Freedom of Information Officers’ Handbook includes the latest developments in FOI including amendments made to the UK’s FOI Act by the Data Protection Act 2018 and the revised s.45 code of practice published by the Cabinet Office in July 2018.
Select Committee Effectiveness, Resources and Powers by Great Britain: Parliament: House of Commons: Liaison Committee Pdf
Drawing on reports from committees, evidence from outside observers and academic research, this report concludes that two years after the general election and the Wright reforms, the evidence is "broadly encouraging" - although committees face some obstacles and there is room for improvement. The "old doctrine by which ministers alone are accountable to Parliament for the conduct of their department is being stretched to implausibility and there is a need for a changed approach. It recommends that the Government engage with the Liaison Committee in a review of the relationship between Government and select committees with the aim of producing joint guidelines for departments and committees, which recognise ministerial accountability, the proper role of the Civil Service and the legitimate wish of Parliament for more effective accountability. The report also makes numerous recommendations for Committees, including: that they be forward-looking in scrutiny of departmental performance, devoting less effort to raking over the coals of past events unless there are lessons to be learnt; give more attention to the financial implications of departmental policy and how departments assess the effectiveness of their spending; experiment with different approaches to evidence-taking, broaden the range of witnesses, and make more use of commissioned research; follow up recommendations to ensure that reports have impact and report to the House at least once each Session on what has been done The Committee intends to ask the Backbench Business Committee for time for a debate in the House of Commons on a motion endorsing its conclusions and recommendations
Retaining the position it has held since first publication, the fifth edition of this leading practitioner text on information law has been thoroughly re-worked to provide comprehensive coverage of the Data Protection Act 2018 and the GDPR. Information Rights has been cited by the Supreme Court, Court of Appeal and others, and is used by practitioners, judges and all those who practise in the field. The new edition maintains its style of succinct statements of principle, supported by case law, legislative provisions and statutory guidance. Reflecting its enlarged scope and to maintain easy referencing, the work has been arranged into two volumes. The first volume is a 1,250-page commentary, divided into six parts. The first part is an overview and introduction to overarching principles. The second part provides an authoritative treatment of the data protection regime. This covers all four forms of processing (general, applied, law enforcement and security services) under the GDPR and DPA 2018. Each obligation and each right is comprehensively treated, with reference to all known case-law, both domestic and EU, including those dealing with analogous provisions in the previous data protection regime. The third part provides a detailed treatment of the environmental information regime. This recognises the treaty provenance of the regime and its distinct requirements. The fourth part continues to provide the most thorough analysis available of the Freedom of Information Act and its Scottish counterpart. As with earlier editions, every tribunal and court decision has been reviewed and, where required, referenced. The fifth part considers other sources of information rights, including common law rights, local government rights and subject-specific statutory information access regimes (eg health records, court records, audit information etc). The final part deals with practice and procedure, examining appeal and regulatory processes, criminal sanctions and so forth. The second volume comprises extensive annotated statutory material, including the DPA 2018, the GDPR, FOIA, subordinate legislation, international conventions and statutory guidance. The law is stated as at 1st February 2020.
Transparency in Politics and the Media by Nigel Bowles,James T. Hamilton,David A. L. Levy Pdf
Increasingly governments around the world are experimenting with initiatives in transparency or 'open government'. These involve a variety of measures including the announcement of more user-friendly government websites, greater access to government data, the extension of freedom of information legislation and broader attempts to involve the public in government decision making. However, the role of the media in these initiatives has not hitherto been examined. This volume analyses the challenges and opportunities presented to journalists as they attempt to hold governments accountable in an era of professed transparency. In examining how transparency and open government initiatives have affected the accountability role of the press in the US and the UK, it also explores how policies in these two countries could change in the future to help journalists hold governments more accountable. This volume will be essential reading for all practising journalists, for students of journalism or politics, and for policymakers.
The Routledge Companion to Media and Human Rights by Howard Tumber,Silvio Waisbord Pdf
The Routledge Companion to Media and Human Rights offers a comprehensive and contemporary survey of the key themes, approaches and debates in the field of media and human rights. The Companion is the first collection to bring together two distinct ways of thinking about human rights and media, including scholarship that examines media as a human right alongside that which looks at media coverage of human rights issues. This international collection of 49 newly written pieces thus provides a unique overview of current research in the field, while also providing historical context to help students and scholars appreciate how such developments depart from past practices. The volume examines the universal principals of freedom of expression, legal instruments, the right to know, media as a human right, and the role of media organisations and journalistic work. It is organised thematically in five parts: Communication, Expression and Human Rights Media Performance and Human Rights: Political Processes Media Performance and Human Rights: News and Journalism Digital Activism, Witnessing and Human Rights Media Representation of Human Rights: Cultural, Social and Political. Individual essays cover an array of topics, including mass-surveillance, LGBT advocacy, press law, freedom of information and children’s rights in the digital age. With contributions from both leading scholars and emerging scholars, the Companion offers an interdisciplinary and multidisciplinary approach to media and human rights allowing for international comparisons and varying perspectives. The Routledge Companion to Media and Human Rights provides a comprehensive introduction to the current field useful for both students and researchers, and defines the agenda for future research.
Great Britain: Parliament: House of Lords: Select Committee on the Inquiries Act 2005
Author : Great Britain: Parliament: House of Lords: Select Committee on the Inquiries Act 2005 Publisher : The Stationery Office Page : 128 pages File Size : 48,5 Mb Release : 2014-03-11 Category : Business & Economics ISBN : 0108553485
House of Lords - Select Committee on the Inquiries Act 2005: The Inquiries Act 2005: Post-legislative Scrutiny - HL 143 by Great Britain: Parliament: House of Lords: Select Committee on the Inquiries Act 2005 Pdf
The report The Inquiries Act 2005: Post-legislative Scrutiny (HL143) finds that the government is not using the legislation passed in the Inquiries Act 2005 enough, and is setting up inquiries with inadequate powers. The Committee urges the government to set up a Central Inquiries Unit to make the most of any lessons learned from past inquiries, and make the best use of collective knowledge and proficiency in this field. The unit would be a new center of expertise, which would enable future inquiries to hit the ground running while also being more efficient, more streamlined and less costly to the public. Overall the Inquiries Act 2005 is robust and effective, but the government is not using it in the way it should be. By setting up public inquiries outside of the Act, the government is creating inquiries which have inadequate powers to do their job. On 6 March 2014, the Home Secretary announced a judge-led inquiry into undercover policing, but did not say
