Learning to live with FOI
Another argument seems to be surfacing now among MPs who say they are concerned about the privacy of their correspondence with public authorities, ahead of the Commons vote on the Maclean Bill tomorrow.
One Scottish Labour MP told me this week that, because of freedom of information, he is now worried that if he writes on behalf of a constituent to his council, which is not Labour controlled, a council politician could tip off an MSP from their own party who using FOI could then get the MP's letter and write to their joint constituent before the MP gets the information from the council needed for him to reply to said constituent.
Of course some would point out this would be a breach of the data protection exemption to FOI, but anyway it is striking how the Maclean Bill (which incidentally wouldn't affect Scottish authorities) is winning support from many MPs. Its supporters appear confident they have the backing of over 100 MPs - the number needed to block filibustering opponents - but whether all of them will want to turn up tomorrow and defy the sort of criticism they will face if they back the Bill is another matter.
Meanwhile last week blaming the Information Commissioner for threatening the confidentiality of MPs' correspondence on behalf of constituents have not gone down well in the Information Commissioner's Office. As they point out, it's a matter of public record that the Commissioner has not actually issued any decisons on this issue one way or the other.
We can expect Richard Thomas, the Commissioner, to make public pronouncements next week telling us that FOI is here to stay and everyone has to learn to live with it.
UPDATE: Jack Straw apologised today in the Commons to Richard Thomas.
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Martin:
On coming across this bill, just prior to its second reading, I made a simple FOIA request of my own, the full text of which (including reply) I've included below:
Re: Freedom of Information (Amendment) Bill
1. What representations, if any, has David MacLean MP made to the Information Commissioner in regards to this proposed legislation, prior to its introduction to the House of Commons?
2. Has Mr MacLean, or another other Member of Parliament, consulted with or sought the advice of the Information Commissioner in the matter of the application of the Freedom of Information Act to MPs correspondence with Public Authorities and, if so, what guidance has been issued to them by the Information Commissioner, particularly in regard to applicability of existing exemptions in the Act to MP's correspondence?
Please enclose copies of any/all relevant correspondence relating to this inquiry
ICO's Response:
I can advise you that the Information Commissioner does not hold any information relating to your request. The Information Commissioner received no approach from Mr MacLean or any other Member of Parliament in relation to this matter.