§ The Parliamentary Under-Secretary of State, Department for Constitutional Affairs (Baroness Ashton of Upholland)The following Statement was made today by my honourable friend Mr Christopher Leslie.
Access rights to information held by public authorities under the Freedom of Information Act 2000 come into force on 1 January 2005. The following guidance sets out procedures for dealing with complaints about the handling of requests for information. The guidance makes it clear that there should be no inconsistencies between the provision of information in answer to Parliamentary Questions and information given to citizens under the Freedom of Information Act.
115WSWhere a Member is dissatisfied with the Answer to a Parliamentary Question, there are well established parliamentary routes that Members may follow, such as tabling further Questions; raising the issues on the Adjournment; or a complaint to the Public Administration Committee, which may seek to follow up the issue with Ministers. Alternatively, Members may write to the appropriate Minister expressing their concern and setting out the information that they are seeking. Such correspondence shall be treated by departments as a new request for information requiring a full internal review and fresh decision. The request will attract all the provisions and appeal mechanisms afforded by the Freedom of Information Act, including if necessary, an appeal to the Information Commissioner.
Any investigation by the Information Commissioner will therefore be related to the correspondence to the Minister and not extend to the Answer to the Parliamentary Question or to any other parliamentary proceedings, which are protected by parliamentary privilege. In addition, the Cabinet Office plans to issue revised guidance to officials on drafting Answers to Parliamentary Questions taking account of the Freedom of Information Act.