Freedom of Information Act 2000

HL Deb 15 June 2004 vol 662 cc60-1WA

Lord Lester of Herne Hill

asked Her Majesty's Government:

What undertakings or assurances were given by Ministers during the passage of the Freedom of Information Act 2000 as to the percentage of the costs of providing information under the Act that would be paid by members of the public. [HL3110]

Lord Filkin

During the passage of the Freedom of Information Act, Ministers made the following commitments about the percentage of the costs of providing information payable by members of the public:

during Commons committee stage of the Bill (Standing Committee B, 4th sitting, 18 January 2000, col. 87), the Home Office Minister said: We have chosen to provide by regulation that an authority may charge ten per cent of the marginal costs of supplying information …".

At the Lords Report stage of the Bill, the Home Office Minister made a similar statement: The Government have published their draft fees regulations. The policy is that the maximum fee should be 10 per cent of the marginal costs of seeking and finding the information.

(14 November 2000, cols. 186–87;) and We have decided to apply a charge equivalent to ten per cent of marginal costs … Unlike other jurisdictions, we are limiting the application to the marginal cost of locating and finding the information"¹.

In response to an amendment proposed during Committee, the Minister stated: The answer to the question whether fee setting will involve either no fee or a maximum is no. The basic regulations will lay down a method for calculating fees: ten per cent of marginal costs"².

¹ Standing Committee B, Freedom of Information Bill, 4th Sitting, 18 January 2000, col. 87.

² Commons Hansard, Standing Committee B, 4th Sitting, 18 January 2000, col. 95.

Later in the same proceedings he said: We have already announced that we are minded to set the appropriate limit for authorities at £500, and to restrict the cost that can be included in that calculation to the marginal cost of locating and finding the information in question. For information to be disclosed under clause 1, we have further made it clear that the charge to applicants will not exceed ten per cent of those marginal costs"³.

The then Home Secretary, Jack Straw, told MPs: The cost of complying with a request is the cost of locating information, plus disbursements, but authorities may charge only up to 10 per cent of those marginal costs"⁴.

Lord Bach, speaking for the Government, told Peers during the Lords Report stage: The regulations will provide that the greater part of the costs of disclosing information under the Bill will be met by the public purse … The Government have published their draft fees regulations. The policy is that the maximum fee should be 10 per cent of the marginal costs of seeking and finding the information;"⁵

The Home Office Minister Lord Bassam of Brighton told Peers: public authorities will bear the bulk of the cost of providing information"⁶;

Lord Bach said: The regulations will provide that the greater part of the costs of disclosing information under the Bill will be met by the public purse.

³ Commons Hansard, Standing Committee B, 5th Sitting, 18 January 2000, col. 113.

⁴ Commons Hansard, 4 April 2000. Column 933.

⁵ Lords Hansard, 14 November 2000, Columns 186–87.

⁶ Lords Hansard, 17 October 2000, Column 998.