Information appeals double the rate in England
8 Mar 07
Commissioner's annual report reveals ordinary individuals make most requests
The number of requests for help in obtaining information from public bodies under freedom of information laws in Scotland is twice as many as in England per head of population, according to the Information Commissioner, Kevin Dunion.
Published yesterday, Mr Dunion's 2006 annual report showed that more than 500 people took their requests for information to the commissioner last year after their requests were refused by public bodies.
Mr Dunion said on the whole, public authorities had reacted well to the legislation, but he warned that the transfer of certain services to outside organisations could be a threat to the whole concept of freedom of information. In order to counter this, all such organisations must be set up as wholly owned public bodies so they were equally accountable.
The commissioner said the sustained high level of applications he received was largely due to the increased uptake of the Freedom of Information Act by ordinary members of the public – 65% of all applications for appeals in 2006 came from individuals in Scotland, compared to 55% in 2005.
He added: “The figure belies the common view that the legislation is only being used by the legal profession (12%), members of the media (8%) and politicians (6%).”
The 511 appeals covered a range of subjects including health, crime, housing, planning, employment, environment and education.
Still a new concept
The report shows that by the end of 2006, the commissioner had completed 781 cases. These resulted in 326 decisions covering 350 separate applications, 328 applications being closed without investigation, and 103 being settled or withdrawn.
Cases ranged from local matters (such as registered sex offenders, and local authority housing repairs) to matters of national and even international significance (such as the Dungavel Detention Centre and rendition flights at Prestwick Airport).
The Court of Session has upheld the Commissioner’s decisions in all four of the appeals it has considered so far.
Mr Dunion continued: “I will be commissioning research in 2007 to look beyond the response to individual requests for information to find out whether authorities are changing how they record, retain and publish information.”
“People still remain to be convinced that Scottish public authorities are changing culture to become more open and accountable. FOI in Scotland has been a major success, but we cannot be complacent – our experience is still very new.”