§ Mr. WigginTo ask the Parliamentary Secretary, Lord Chancellor's Department if he will make a statement on the review process for a freedom of information complaint. [70887]
§ Yvette CooperThe right of access to information under the Freedom of Information Act 2000 will come into force on 1 January 2005. Until that date, requests for Government information will be dealt with in accordance with the non-statutory Code of Practice on Access to Government Information.
It is for individual bodies to make their own arrangements for the procedure used to review cases internally where information has been refused and the applicant has made a complaint. However, the Guidance on Interpretation of the Code, published by the Cabinet Office, makes it clear that:
[Internal Review] should in all cases be a single stage process. The aim should be to ensure that the applicant has been fairly treated under the provisions of the Code, that any exemptions have been properly applied and that charges are reasonably and consistently applied. It is good practice to allow for such review to be conducted by someone not involved in the original decision".Details of the various internal review procedures which have been adopted by Departments and most agencies or bodies which fall within the scope of the Code of Practice are set out in the annual monitoring reports on the Code. Copies of these reports are available in the House Library. In my Department reviews are carried out by the Head of the appropriate Division and the decision approved by the Permanent Secretary. The target time for responses is 20 working days.
§ Mr. WigginTo ask the Parliamentary Secretary, Lord Chancellor's Department what legislation governs individuals' freedom to request information from the Government. [70888]
§ Yvette CooperThis Government introduced the Freedom of Information Act which gives individuals a statutory right to Government information. The Act will798W be fully implemented by 1 January 2005, 11 months before the deadline set out in the Act itself. Until that date, requests for information are handled in accordance with the non-statutory Code of Practice on Access to Government Information.