The Access to Information Central Clearing House was established by the UK Government in January 2005. The Central Clearing House was set up to ensure consistent application of the Data Protection Act 1998, the Freedom of Information Act 2000, and the Environmental Information Regulations (EIRs) across Central Government. [1] The Central Clearing House provides expert advice for cases referred to the Information Commissioner or Information Tribunal. [2]
Procedures exist to ensure that all requests which activate one of a number of 'triggers' are referred to the Clearing House. [3]
Critics have blamed the Central Clearing House for the rising number of appeals to the Information Commissioner and for 'being bent on blocking as many requests for information as it can'. [4]
In June 2020, openDemocracy published an investigation that found that the House had blocked the release of information related to the Contaminated blood scandal in the United Kingdom. The files, eventually released in 2018, showed that the British government had privately admitted that some health authorities had been negligent. [5]
On 8 of June 2021 the UK government lost a request for a freedom of information request appeal in regards to details about the Clearing house, the action was brought by openDemocracy. In its defence the cabinet office had offered a Wikipedia article. Judge Hughes, concluding said that there was a “profound lack of transparency about the operation” that “might appear … to extend to ministers” and that the tribunal had been misled by the department, headed by Michael Gove. [6] [7]
An investigation by Politico Europe published on 12 June 2021 found that the Clearing House kept a list of journalists that made FOI requests and used it to determine whether those requests would be granted, in breach of the rule that FOI requests should be evaluated applicant-blind. Politico's investigation also found that the House blocked requests even when the Trade Department recommended granting them. [8]
In September 2021, Minister for the Cabinet Office Chloe Smith announced that government would undertake an "assessment of the role of the Clearing House." The House of Commons Public Administration and Constitutional Affairs Committee is also undertaken its own review of the Clearing House. [9] Later that month, openDemocracy further revealed that the Clearing House had interfered with release of information surrounding the Grenfell Tower fire. [10]
The Government has published a list of triggers which will result in request being referred to the Central Clearing House these triggers fall under five main headings: [11]
In the United Kingdom, non-departmental public body (NDPB) is a classification applied by the Cabinet Office, Treasury, the Scottish Government and the Northern Ireland Executive to public sector organisations that have a role in the process of national government but are not part of a government department. NDPBs carry out their work largely independently from ministers and are accountable to the public through Parliament; however, ministers are responsible for the independence, effectiveness and efficiency of non-departmental public bodies in their portfolio.
The Cabinet of the United Kingdom is the senior decision-making body of His Majesty's Government. A committee of the Privy Council, it is chaired by the prime minister and its members include secretaries of state and other senior ministers.
Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. In recent years Access to Information Act has also been used. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws, governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but these are usually unused if specific support legislation does not exist. Additionally, the United Nations Sustainable Development Goal 16 has a target to ensure public access to information and the protection of fundamental freedoms as a means to ensure accountable, inclusive and just institutions.
The Cabinet Office is a department of His Majesty's Government responsible for supporting the prime minister and Cabinet. It is composed of various units that support Cabinet committees and which co-ordinate the delivery of government objectives via other departments. As of December 2021, it has over 10,200 staff, most of whom are civil servants, some of whom work in Whitehall. Staff working in the Prime Minister's Office are part of the Cabinet Office.
The Department for Environment, Food and Rural Affairs (Defra) is a department of His Majesty's Government responsible for environmental protection, food production and standards, agriculture, fisheries and rural communities in the United Kingdom. Concordats set out agreed frameworks for co operation, between it and the Scottish Government, Welsh Government and Northern Ireland Executive, which have devolved responsibilities for these matters in their respective nations.
The Campaign for Freedom of Information is an advocacy group that promotes and defends freedom of information in the UK. It seeks to strengthen the public's rights under the Freedom of Information Act 2000 and related laws and opposes attempts to weaken them. It does this through campaigning, the publication of briefings and other reports and research. The Campaign also provides advice to the public, assistance to people challenging unreasonable refusals to disclose information and runs training courses on freedom of information.
Cabinet collective responsibility, also known as collective ministerial responsibility, is a constitutional convention in parliamentary systems that members of the cabinet must publicly support all governmental decisions made in Cabinet, even if they do not privately agree with them. This support includes voting for the government in the legislature. Some Communist political parties apply a similar convention of democratic centralism to their central committee.
The Freedom of Information Act 2000 is an Act of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level. Its application is limited in Scotland to UK Government offices located in Scotland. The Act implements a manifesto commitment of the Labour Party in the 1997 general election, developed by David Clark as a 1997 White Paper. The final version of the Act was criticised by freedom of information campaigners as a diluted form of what had been proposed in the White Paper. The full provisions of the act came into force on 1 January 2005.
Public records are documents or pieces of information that are not considered confidential and generally pertain to the conduct of government.
Freedom of information legislation in the United Kingdom is controlled by two Acts of the United Kingdom and Scottish Parliaments respectively, which both came into force on 1 January 2005.
The Access to Information Act or Information Act is a Canadian Act providing the right of access to information under the control of a federal government institution. As of 2020, the Act allowed "people who pay $5 to request an array of federal files". Paragraph 2. (1) of the Act ("Purpose") declares that government information should be available to the public, but with necessary exceptions to the right of access that should be limited and specific, and that decisions on the disclosure of government information should be reviewed independently of government. Later paragraphs assign responsibility for this review to an Information Commissioner, who reports directly to parliament rather than the government in power. However, the Act provides the commissioner the power only to recommend rather than compel the release of requested information that the commissioner judges to be not subject to any exception specified in the Act.
mySociety is a UK-based registered charity, previously named UK Citizens Online Democracy. It began as a UK-focused organisation with the aim of making online democracy tools for UK citizens. However, those tools were open source, so that the code could be redeployed in other countries.
The Department of the Prime Minister and Cabinet (DPMC) is the central public service department of New Zealand charged with providing support and advice to the governor-general, the prime minister and members of the Cabinet of New Zealand. The department is also charged with centrally leading New Zealand's "national security planning, which includes civil defence."
The Ministry of Justice (MoJ) is a ministerial department of His Majesty's Government headed by the Secretary of State for Justice and Lord Chancellor. Its stated priorities are to reduce re-offending and protect the public, to provide access to justice, to increase confidence in the justice system, and uphold people's civil liberties. The Secretary of State is the minister responsible to Parliament for the judiciary, the court system and prisons and probation in England and Wales, with some additional UK-wide responsibilities e.g. the UK Supreme Court and judicial appointments by the Crown. The department is also responsible for areas of constitutional policy not transferred in 2010 to the Deputy Prime Minister, human rights law and information rights law across the UK.
The Government Equalities Office (GEO) is the unit of the British government with responsibility for social equality. The office has lead responsibility for gender equality within the UK government, together with a responsibility to provide advice on all other forms of equality to other UK government departments. The unit is based at the Cabinet Office. Prior to April 2019, the GEO was led concurrently by Cabinet Secretaries at the Home Office, DFID and DfE. The day-to-day responsibility for policy on these issues was not transferred to GEO when it was created. The Equalities Office currently leads the Discrimination Law Review, which developed the Equality Act 2010 that replaced previous anti-discrimination legislation. The current minister responsible for GEO is Nadhim Zahawi, who also serves as Chancellor of the Duchy of Lancaster and Minister for Intergovernmental Relations in the Truss government.
The Freedom of Information Act 1982(Cth) is an Act of the Parliament of Australia which guarantees freedom of information (FOI) and the rights of access to official documents of the Commonwealth Government and of its agencies to members of the public.
The Government of the United Kingdom, officially His Majesty's Government, is the central executive authority of the United Kingdom of Great Britain and Northern Ireland. The government is led by the prime minister who selects all the other ministers. The country has had a Conservative-led government since 2010, with successive prime ministers being the then leader of the Conservative Party. The prime minister and their most senior ministers belong to the supreme decision-making committee, known as the Cabinet.
The "black spider" memos are letters and memorandums written by Charles III of the United Kingdom, during his tenure as Prince of Wales, to British government ministers and politicians over several years. As the modern British monarch remains politically neutral by convention, the letters were controversial because of Charles’ then-position as eldest child of the British monarch Queen Elizabeth II and heir apparent to the British throne.
Philippine President Rodrigo Duterte signed Executive Order No. 02, also known as the Freedom of Information (FOI) Program, on July 23, 2016, in Davao City. The executive order established the first freedom of information (FOI) Program in the Philippines covering all government offices under the Executive Branch. It requires all executive departments, agencies, bureaus, and offices to disclose public records, contracts, transactions, and any information requested by a member of the public, except for matters affecting national security and other information that falls under the inventory of exceptions issued by Executive Secretary Salvador Medialdea. The landmark order was signed two days before Duterte delivered his first State of the Nation Address and just three weeks after he assumed the presidency on June 30, 2016.
Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.
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