HC Deb 19 July 2001 vol 372 cc449-50W
Tony Wright

To ask the Parliamentary Secretary, Lord Chancellor's Department when he expects to announce a timetable for implementation of the Freedom of Information Act 2000. [5088]

Mr. Wills

The Freedom of Information Act received Royal Assent on the 30 November 2000 and so has to be fully implemented by 30 November 2005. However, the Government are firmly committed to implementation of the Act before this deadline which we set for ourselves.

As of yet, there is no timetable for implementation within this deadline but the Lord Chancellor will be under a statutory duty to report to Parliament on progress towards implementation by 30 November this year. Before a timetable for implementation of the Act can be announced, there are consultations which need to be completed with the Information Commissioner, most notably with regard to the work needing to be done on publication schemes.

Tony Wright

To ask the Parliamentary Secretary, Lord Chancellor's Department (1) how many bodies subject to the open government code of practice have indicated that they could not fully implement the Freedom of Information Act 2000 by July 2002; [5086]

(2) if the Information Commissioner has indicated that she would be unable to discharge her responsibilities under the Freedom of Information Act 2000 in relation to bodies subject to the open government code of practice by July 2002. [5087]

Mr. Wills

It is not a question of bodies or the Information Commissioner expressing doubts as to meeting any particular date for implementation, but simply that no one can be certain, as yet, as to when all of the preparatory work towards implementation of the Act will be completed.

My officials are currently in consultation with the Information Commissioner and public authorities, including the several hundred currently covered by the code of practice on access to Government information, in order to determine how soon it is practicable for them to be able to implement the Freedom of Information Act 2000.

One of the major issues which has to be resolved before a definitive date for implementation of the Act can be set is the obligation on all public authorities to produce and maintain a publication scheme setting out what information they are proactively making available.

Before public authorities can make a definitive judgment as to when they can have their publication schemes ready, and hence when the Information Commissioner will be able to devise a timeframe for approval of the schemes, the Commissioner has to decide what she expects from the content of the schemes. To this end, the Commissioner arranged a conference, held in Manchester on 17 July 2001, to discuss the content and format of publication schemes.

In addition there are five bodies taking part in a pilot publication scheme programme in conjunction with the Commissioner, as she announced on the 16 July 2001. These bodies are the Ministry of Defence, the Department for International Development, the Health and Safety Executive, the Medicines Control Agency and the Public Record Office. The pilot programme should be completed by the end of this year.

Simon Hughes

To ask the Parliamentary Secretary. Lord Chancellor's Department which provisions of the Freedom of Information Act 2000 are yet to come into force; what the planned timetable is for their introduction; what orders remains to be brought forward relating to the Act; and if he will make a statement. [5113]

Mr. Wills

The provisions of the Act set out in section 87(1) came into force on 30 November 2000, when the Act was passed. These provisions relate tothe bodies covered by the Act: approval of publication schemes by the Information Commissioner; recommendations as to good practice from the Information Commissioner; the Commissioner's obligation to report to Parliament: the power to make environmental information regulations relating to the Aarhus Convention; the power to amend or repeal statutory bars to disclosure of information; and certain miscellaneous provisions, for example, relating to interpretation of terms used in the legislation.

The provisions set out in section 87(2) of the Act came into force on 30 January 2001. These relate primarily to the creation of the post of the Information Commissioner.

Certain provisions relating to the amendment of the Data Protection Act, as provided for by the Freedom of Information Act 2000, were brought into force on 14 May by a Commencement Order in Statutory Instrument 2001 No. 1637, made on 30 April 2001.

All other provisions of the Act are not yet in force. The Act must be fully implemented by 30 November 2005 and, as yet, there is no other timetable than this outer date. However, the Government are committed to bringing the Act into force before this deadline and to ensuring that the time taken to ensure that implementation is a success will be used well.

Some powers contained in the Act will need to be exercised before the Act comes into force, for example the Codes of Practice to be made under sections 45 and 46 of the Act will need to be agreed.

Others, such as the ability to amend Schedule 1, contained in section 4, or the ability to amend or repeal statutory bars to disclosure, contained in section 75, are on-going processes. These will have to be exercised regularly when, for example, new non-departmental public bodies are created, or decisions are taken that specified statutory bars could be amended or repealed.

Powers, such as that to provide for environmental information regulations in relation to the Aarhus Convention, contained in section 74, will only need to be exercised once or very infrequently.

Discussions are under way on the terms of those Orders or regulations which need to be made before the Act can be fully implemented. Drafts of the two Codes of Practice have been circulated for public consultation.