Freedom of Information

HC Deb 19 October 1999 vol 336 c442W

Mr. Mackinlay

To ask the Secretary of State for the Home Department if he will authorise correspondence and papers between Ministers and their US counterparts to be made available for public access, simultaneous to their availability in the USA under the provisions of that country's freedom of information legislation; and if he will make a statement. [94385]

Mr. Straw

The Code of Practice on Access to Government Information sets out current Government policy on access to information. The Code of Practice promotes a culture of openness. It makes the assumption that information should be released except where disclosure would not be in the public interest. Whilst the Code of Practice identifies categories of information that are exempt from the commitment to provide information, where there is a reference to harm or prejudice, there is the presumption that information should be disclosed unless the harm likely to arise from disclosure would outweigh the public interest in making the information available. The Code of Practice is a non-statutory regime which the Government plan to replace with a Freedom of Information Act. It will, however, continue to operate the Code of Practice until a new Act is brought into force. The Government plan to introduce a Freedom of Information Bill into Parliament as soon as the timetable allows.

The Government's proposals for a Freedom of Information Act are contained within Freedom of Information, Consultation on Draft Legislation. Under the provisions contained in the Bill, public authorities, including all central government departments, will have a duty to comply with requests promptly and in any event within a specified time limit. Where the information sought falls into an exempt area, it will be for the authority to consider, on a case by case basis, whether the information should be disclosed in the public interest. This will ensure that proper consideration is given to all requests by the authority. This is the appropriate way forward. It is for the United Kingdom Government to develop legislation which is appropriate to the needs of this country. It would be wrong to subject United Kingdom authorities to the scope of foreign legislation in the context of their activities in this country. It is for the Parliament of the United Kingdom to decide such matters, not the congress of the United States of America.

The draft Bill was the subject of pre-legislative scrutiny by the Public Administration Select Committee, as well as a Select Committee of the House of Lords and a period of public consultation. The Government will respond to the recommendations of the Select Committees and to the public consultation soon.