Overview of FOI in HM Treasury Technical aspects of the FOI Act Tips and best practice 2

FOI Stats 2204 requests in % success rate at replying within the statutory deadline (20 working days) 4 full time case advisers: Nick Dippie, Wendy Rendall, James Underwood & Christine Woodrow. Kate Jenkins is the Head of IRU. Regular Treasury Legal Adviser support 3

4 Why does FOI matter? Since January 2005 individuals have the right to: ask if a public authority if they hold the information have that information, subject to various exceptions. It carries a (personal) criminal offence: “alters, defaces, blocks, erases, destroys or conceals with the intention of preventing disclosure” Close links with the Data Protection Act and the Environmental Information Regulations

5 Must be for recorded information Must be received in writing Can be on any subject Need not mention FOI Differs from DPA/ EIR request ? What?

Why? 6 ? Spur of the moment Investigative journalism Testing the quality of policy decisions Litigation tool Political tool Business research

7 Who? ? Individuals Journalists Companies Organisations Pressure Groups Members of Parliament

FOI process in HM Treasury Request received by HMT CIRT action to policy team Policy team consider request, look for information, seek advice, draft background note and response Policy team seek view/ clearance from Deputy Director Information Rights Unit (IRU) check the response meets the legal requirements of the FOI Act and assess information in scope IRU approve draft within the team and notify any relevant stakeholders IRU send final response and information in scope as necessary 8 10 working days Statutory Deadline 10 working days

9 Formal Response When replying, public authorities must: Say whether or not the information is held o Provide the information within 20 working days o Issue a full refusal notice within 20 working days and explain why information cannot be provided (using exemptions) o Issue a notice within 20 working days and explain that HMT needs more time to consider the public interest 9

Exemptions Absolute – Apply to all information which falls in one of eight categories. If information is assessed to fall into one of these categories, then it is exempt. Qualified – Apply if disclosure would prejudice certain interests (as laid down by the FOI Act); and if the public interest in withholding information outweighs the public interest in disclosing it. 10

Public Interest (Qualified Exemptions) Public authorities must decide whether, in all circumstances of the case, the public interest in maintaining the exemption (withholding the information) outweighs the public interest in disclosing. Public authorities must provide a balanced argument with factors in favour of, and against, disclosure clearly provided in the response. 11

Rights of Review Internal Review Information Commissioner Tribunal High Court 12

Top Tips and Best Practice – Handling a case Engage early Read request carefully Schedule time with team leader Search all repositories Make use of IRU adviser, TLA and the FOI weekly surgery Consult external third parties in good time Use the advice template from intranet 13

Top Tips and Best Practice – General Proactive publication (TRANSPARENCY) Consistent retention and deletion policy Proper and appropriate records 14

Contacts Head of IRU Kate Jenkins (x6408) Case Advisers Wendy Rendall (x5652) James Underwood (x5333) Christine Woodrow (x5575) Nick Dippie [DPA adviser] (x5288) TLA Suki Rai (x5277) Ruairi Mcaleese (x5818) 15 FOI Surgery From every Tuesday at the meeting tables in SW corner of second floor Intranet x