Freedom of Information

Baroness Whitaker Excerpts

Tuesday 23rd January 2024 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, while I am very sympathetic to the noble Baroness’s dilemma in this issue, we have to draw a balance between the rights of individuals, the burden imposed on our public authorities and the Civil Service and, of course, the objective of improving and increasing transparency and accountability. She has had a difficult experience, first, with a complaint that turned out to be too broad and was therefore disallowed under Section 12— and the Information Commissioner upheld that—and I understand that she has now complained again and that the ICO has started its inquiry into that complaint. These are difficult issues. I would say that the number of requests received for information under freedom of information has been going up. In Q3 of 2023, there were 18,555—that is the highest ever—in spite of the progress we have made with making more information available every quarter as part of our transparency returns.

[Baroness Whitaker (Lab)]

My Lords, I am not sure that I heard in the Minister’s response to the noble Baroness, Lady Deech, an answer to her Question. Have His Majesty’s Government made no assessment of the impact, the scope and the speed of this legislation?

[Baroness Neville-Rolfe (Con)]

Of course not—I am sorry if I misled the noble Baroness—as we do keep these things under review. The latest review was in 2016, when the Information Commissioner looked at whether we should change the rule, which noble Lords may be aware of, that freedom of information requests can be turned down if they equate to more than 24 hours’ work. However, civil servants are advised to narrow down requests so that they do not fall foul of that rule, and I know that they do that in the Cabinet Office. That rule was looked at by the independent Information Commissioner in 2016; there were some advantages to changing it upwards and some to changing it downwards, and the decision was taken not to make a change. However, as I was trying to explain, we take freedom of information very seriously and the number of requests that we are dealing with across the machine has increased. Obviously, individual cases can be a problem.