Freedom of Information

Baroness Chapman of Darlington Excerpts

Tuesday 23rd January 2024 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I agree with my noble friend; records are important, both for the record and for the next steps agreed at meetings, which one wants to make sure are carried forward in the interests of efficiency. Obviously, the Scottish Government are a separate Government with their own rules. The Cabinet Manual, as we have discussed before in this House, is in the process of being revised, but that applies to the Civil Service across the piece. We have also introduced new guidance; it is called—a rather difficult mouthful—Using Non-corporate Communication Channels (e.g. WhatsApp, Private Email, SMS) for Government Business, for UK Government, Civil Service and Ministers. That is on GOV.UK and is absolutely designed to make sure that WhatsApps of substance in policymaking or government business are recorded for posterity.

[Baroness Chapman of Darlington (Lab)]

My Lords, the Information Commissioner has found that some government departments have a consistently poor level of performance for FoI request handling. Departments find ways to avoid responding—for example by denying that information is held—and seem to have worked out that there is no meaningful penalty imposed as a consequence. Given that these departments repeatedly fail to comply with the law, do the Government intend to review the sanctions imposed for this failure?

[Baroness Neville-Rolfe (Con)]

At the moment, as I was saying, we do not have plans to change the Freedom of Information Act. However, we have worked hard to clear the backlog that was created on freedom of information as a result of the pandemic. Some departments have done better than others. We have worked very closely with the Information Commissioner on just that. As I have explained, the casework continues over time. The Cabinet Office gives advice centrally; we try to delegate these things to the appropriate responsible department, but we do encourage good practice and compliance with the complexities of the Freedom of Information Act and its different sections.