Newspaper of the Campaign for Freedom of Information 50p NUll

All-party westrstminster tear to campaign fOlfor right of access to perso·sonal files An all-party team of three Peers and three Members of . "~~"'.,...,··""" .9>.$11 •i _ . _ .""""",~_.._ ,.. ,- Parliament are to spearhead a major campaign this Autumn "p to promote a Bill entitling individuals to have access to their own personal files. The Campaign for Freedom of Information believes the issue to be of such importance that it is comitting all of its resources to it for at least six months. The parliamentary team is: Lord Hooson QC, former Liberal MP Emlyn Hooson Labour Lady (Jane) Ewart Biggs, Lord Hooson .0800 Steve Norris MP Lady (Gloria) Hooper, Conservative House of Commons Steve Norris, Conservative MP for Oxford East Chris Smith, Labour MP for Islington Sth and Finsbury, who attempted to introduce a similar but not identical measure in 1984 Archie Kirkwood, Liberal social servicesspokesman and MP for Roxburgh and Berwickshire The Campaign has published a special report on access to personal files entitled "I want to know what's in my file"; available from the campaign for £1.50, it incorporates the

Bill. ~rkwood Meetings are being held at all party conferences to prom­ Archie Kirkwood MP MP Chris Smith MP Lady Hooper mote the Bill. It will be introduced under the 10 minute rule procedure on October 29 by Mr Kirkwood, who has the opportunity Campampaign's first legislativ to introduce a Bill on that day. It will then be printed and be the basis for a big drive to encourage any MP who comes high in the Autumn Ballot to take it I)lrther. Lord Hooson will introduce it in the Lords at the begin­ succesccess as Local Govt. ning of next session. In November Sir Patrick Nairne, former Permanent Secretary at the DHSS, will chair a national conference ad­ Accesscess Bill becomes law dressed by those who have had experience in voluntarily pro­ viding access to personal files. The Campaign for Funpaign for Freedom of Information, together with the Community Right: The proposed Bill applies to medical, educational, hous­ ject, has achieved itss achieved its first legislative success within 18 months of its launch. ing, social work, fostering, care, parole and probation The Local Gover Local Government records, and also files about pensions, benefits, grants and (Accessto Informatio to Information) Bill, assistance provided to individuals. It will allow individuals introduced under the ced under the Private to discover whether a particular authority holds records Member's procedrer's procedure by poll shows majority about them, to obtain the records, and to correct them if Robin Sqnire MP, h~qnire MP, has been necessary. passed by both the HOlY both the Houses of have faith in FOI There will be some reasonable exemptions. Commons and Lordms and Lords, and • continued on page two will come into force one into force on April The myth that the public do not care about secrecyis 11986. has been exploded by a substantial opinion poll repc Thus the Campaf the Campaign has in . Change Of Address achieved one of its III one of its priority The pollsters asked their sample how much each Please note that objectives - a morves - a more open number of possible reforms would increase their approach bych by local fidence in the British democratic system, and the I As from September 1, 1985, authorities. ties. popular was freedom of information legislation. S the Campaign's address is The next stage next stage is the 570/0 said it would help "a great deal" or "a fair arnot 3 Endsleigh St organisation of a largation of a large-scale and support for the measure increased to 82% wit! educational campaigronal campaign to en­ addition of a further 25% who said it would help "a Ii London WCl HODD sure the new Act i!e new Act is fully The Times concluded that "public opinion as it Tel: (01) 278 9686 (no change) understood and usedood and used. stands cannot be employed on the side of inertia". • More details pagee details page 2. Local Covt. Act will Magistrates seek come into force in April u conceal their nan Tbe Local Government (Access to Information) Act 1985 will come into effect on April 1 of n on April 1 of next year. Tbe Campaign for Freedom of Information bas added its sUJ It will give people tbe opportunity to know more about tbe running of tb eir local autboritie local autborities. concern tbat bas been expressed to tbe Lord Cbancellor about II It will allow tbem to examine (and confirm, cballenge, or add to), tbe information given to cratlon given to councillors of some magistrates to seek anonymity. by tbe council officers. T he Campaign is being led by defended on any grounds the Observer newspaper. lis threat not just to the ope Public Admission to meeting (unless confidentiality ap ­ cil, comm ittee or sub-cornittee or sub -committee's reporter David Leigh wrote recent- of our judicial system, bu plies under Schedule One.) business. Iy that an increasing number of' its quality. Meetings (3) The Act's major freedom ofin­ magistrates were trying cases while "We accept that rna Wbilst tbe Act is largely concern­ formation provision gives the Other changes changes concealing their names. "The habit have a responsible and ed with written information, it was p u blic the right to inspect (I) Local authorities arel aut horities are required is becoming popular. Not only job, but they also have er necessary to provide for th e right background papers relating to any to publish a list of the nsh a list of the names and does it flout the principle that power over individuals, 0 to attend co uncil sub-committee item on the public part of the addresses of all councillors of all councillors, and all justice must be seen to be done, most vulnerable time in th meetings - at which much oral in­ council, committee or sub­ membe rs of committs of committees and but it is also making life irnpossi- Openness is one of the gu formation is given and most deci­ committee's agenda. This covers sub-committees. imittees. ble for reporters on provincial that power will be e sions are made. The public can be research data, interim reports, let­ (2) Local au tho rities musl au thorities must publish papers:' responsibly and sensitive. excluded if genuine confidentiali­ ters, memos. The Act defines a summary of the rights ary of the rights conferred The Guild of British Newspap er In a London speech, ty is involved, but no longer for " background papers" as those by this Act upon the pu<\ct upon the public. Editors has put together a file of torney General, Sir : vague reasons as "public interest" "documents relating to the subject cases, including more than 20 local Havers, 'said he could thi: and "confidentiality". Now one of of the report which disclose any Exempt Informationt Information branches where either the reason why the nai the specific exemptions contain ­ facts or matters on which the Schedule One of the Act '"'One of the Act recognises magistrates, or more often the magistrates should ] ed in Schedule One of the Act report of an important part of the that there will be occasre will be occasions for court clerk, taking it on himself, disclosed. must apply. report is based, and have ... been preserving genuine conficig genuine confidentiality. refused to tell the press the names. relied on to a material extent in Exempt in form ation information is that Leigh writes: "Some courts have Public Access to preparing the report". relating to an individual'sto an individual's personal no problems about publishing lists Information affair s; to the investig to the investigation of of names in just the same way that (I) The public now have a right to Councillors crime; to the council's negthe council's negotiations judge's names are posted on the see the minutes of not just full The Act strengthens the position in contracts and «tracts and collective court room door. And, of course, council meetings, but also of all of individual councillors by pro­ agreements; an d to lents; and to legal pro­ tbere is nothing to stop a reporter committees and sub -committees. viding them with rights of access ceedings involving the c< involving the council. pri nti ng a magistrate's name if he (2) There will be access to reports to council information that are Some Councils have al,Counciis have already im­ knows it" being discussed at council, com­ wider than their common law right plemented the Act's pied the Act's provis ions, The Observer newspaper was, at mittee, and sub-committee (based on the 'need to know'). The and others were commiters were committed prior the time of publication, taking one meetings, both before and at the document must relate to a coun- to it reaching the statute thing the statute book. case to the High Court. In its letter to the , the Campaign for Freedom of Information said that "One of the qualities of the British Charter fOr Open Covemmenment system of justice, at least until Jonathan Aitken MP, cbairn recently, has been its open nature. The Association of London Autborities bas circulated a draft "Charter for Open Gove rnment" m Gove rnment" wbicb, if campaign's parliamentary We believe that secrecy over the committee (above), has askt adopted by member autborities, could have a significant effect on public life tb rougbout the chrougbout tbe capital. identity of magistrates cannot be torney General to act. Some of its contents will be covere d by the Local Government (Access to Information) Act; etheiatlon) Act; others involve voluntary action. The following is a summary of tbe Charter: Greater openness will strengthe n a member of the public, that per- 1985 Freedom of local government. son shall have a right of appeal to appeal. 11. o Authorities will be more accoun- see it. Part ill: Public Involveme Public Involvement Information Awards Councils shall publish icils shall publish a guide to table to their electorate. 0 As well as being able to attend o Tbe Council for Freedom of Inform ation is still accepting n, o Decisions taken on the basis of in- meetings, members of the public basic information anm information annually. Any ' adeq uate informatio n will be open shall have the right to ask a ques- member of the public asber of the publicasking for in­ tions for its 1985 Freedom of Information Awards. to scrutiny and challenge. tion at Council meetings and to formation will be provietion will be provided with it Nominations can come from supporting organisations, ind o Greater openness enhances equali- make deputations to the Council. wherever possible. ever possible. supporters, and otber organisations and members of tbe pi ty of opportunity by opening the 0 Accessto meetings should take ac- o Councils shall publicisrclls shall publicise planning In addition to sucb categories as tbe individual, tbe local a' way for greaterpublicparticipation, count of needs of all - creche applications as widely a::ations as widely as possible. ty, the MP, and the non-governmental organisation wbicb ba particularly for those who have facilities and facilities for the o Councils shall have a ccils shall have a complaints most to further freedom of information in 1985, tbe Coun historically suffereddiscrimination. disabled should be provided. procedure for any grievedure for any grievance raised consider otber nominations for other categories you may It will encouragegreater public sup- Part D: Access to Personal by a member of the pumember of the public which o will include right of include right of appeal to snggest. port for local authorities by remov- Information Nominations may be sent to tbe Awards Selection Com ing barriers that have alienated Personal information held on manual members. oers, public involvement. files or computer files should be sub- o Wherever possible, couever possible, councils shall Campaign for FoI, 3 Endsleigb St, WNDON WCIH ODD. Part I; Open Meetings ject to the principlesset out in the Data consult with the publialt with the public on major o All Council, Committee and Sub- Protection Act. These include: issues. Committees she. Committees should review Committee meetings should be 0 that it be held for some specified the degree of public paegree of public participation open to the public,unlessconfiden- purposes and be adequate, relevant annually. ally. Fringe events Research in tial business is to be discussed. and not excessive for that purpose Part IV: Rights and ResponRights and Responsibilities of at party o All reports shall be treated as open 0 that it be accurate and up to date Staff food and unless they contain confidential and not kept for longer than is o Staff must be allowed must be allowed access to Conferences information. necessary. their personal files. personal files. secrecY o Agendas and non-confidential The charter further requires that o Applicants for jobs whacants for jobs who have fail­ The Campaign for Freedom of infor­ reportsshall be availablethree clear 0 any person on whom a local ed to be selected shoul be selected should have the mation is holding fringe meetings at The Campaign for Freedom days before the meeting. authority keeps a me shouldbe able right to question their fto question their failure, and all of the major party conferences. mation is preparing a major o Members of the public can inspect to see that file and correct any in- be told the panel's rold the panel's reasons for Social Democratic Party Con­ secrecy and food, to be pul any internal document relating to accuracies on it. non-selection. .election. ference; fringe meeting at 6pm, Fox­ 1986. a report, unless it is a confidential 0 information can only be withheld o Members and chief offbbers and chief officers should lands Hotel, Torquay, Monday The Campaign is being a document. from an individual for a specific complete a comprehensilete a comprehensivedeclara­ September 9. a panel of leading food carr o The only grounds for classifying reason. The acceptable reasons in- tion of interests frc of interests from which Liberal Party Conference: fringe including GeoffreyCannon, authorities willcompileerities willcompilea register of meeting at lunchtime, Princess Suite, and co-author of the best sel business, reports of documents as elude informatio n about or from a ~ s t s . confidential shall be if they fall in- third party or information that is interests. Queen Hotel, Dundee, Tuesday, "The Food Scandal"; AnI:J to one or more of (specially listed) the subject of legal privilege o Training must be providing must be provided for staff September 15. Director of the Coronary F catego r ies . 0 an individual denied access to her to implement the new iplement the new pro- , : fringe Group; Dr Alan Long, reseai o Ifany information iswithheld from or his file should have the right of cedures involved. res involved. meetingat 5.30 pm DurleyHall, Chine of the Vegetarian Society; Road, Bournemouth, October 1. Lang, Director of the Lorn Conservative Party Conference: Commission; Marianne Rig fringe meeting at lunchtime, Carlton tor of the College of He criticise~cised Hotel, North Promenade, Blackpool, Caroline Walker, nutritionis water authorities October 9. author of "The Food Scan A select committee of tbe Honse of Commons bas called on Ministers to compel water antboriti~ water antborities to meet jn public. The Public Accounts Committee sing le national association vision, and its purity, and its purity, should be All-party campaign . .. from page one says that "the position of the water representing local authorities. totally accountable, andaccountable, and they can­ authorities as the mon opoly pro­ T he Campaign for Freedom of not be if they meet in sdf they meet in secret. Fur­ It applies mainly to the public sector. vider of essent ial services indicates Information has found widespread thermore, they are respore, they are responsible for the need for as much public ac­ public support for its campaign to taxation, to the JD, to the tune of It complements the Data Protection Act which all countability as possible:' force water authorities to meet in £2,700,000,000 a year. 1000,000 a year. Taxation in cess by individuals to their computerised records I It expresses doubt as to wheth er public. secret is unacceptable in; unacceptable in a healthy manual one's. the introduction of consultative Over 130 people attended a democracy". racy". Des Wilson, chairman of the Campaign for Free councils His an adeq u a te meeting in York on this subject Of the 10 water authe 10 water autborities in Information, told a press conference to launch the ca substitute" alone, and the Campaign's main and Wales, all.d and Wales, all 9 English The Committee says that it does speaker, Des Wilson, has been authorities have chosenities have chosen to meet in that "what weseek is possible in other countries and not "regard the pursuit of a warmly applauded at other pu blic secret, while the Welsh while the Welsh Authority be possible in our own. It would be a major business-like approach as inconsis­ meetings when he has raised the has its meetings in put meetings in public. strengthening the individual at a time when the SI tent with conducting business in issue. A Private Member's Billrte Member's Bill sponsored croaches in so many aspects of their lives, It will C4 public" Speaking in York, he reminded by the Campaign to fcCampaign to force water fundamental imbalance of power between profession In its comments it joins as a the audience that "water is a basic authorities to meet puities to meet publicly has critic of water authority secrecy the necessity for every man, woman, failed for lack of parlfor lack of parliamentary ordinary people to the benefit of both. Royal Commiss io n on E n­ and child in this country. The time, but will be promut will be promoted once We hope for all-party support and that the I vironmental Pollution and every aut horities responsible for its pro- more this autumn. his autumn. become one of the major popular reforms of this d t- Maurice Frankel Conferenct on Access to persona The benefits of an ojn open policy Files "Patients often expressed a sense be withheld. This recognises that been written about themitten about them would be opinion that could not be justified The Campaign for Free' of relief at having the secrecy the ill -timed disclosure of a safeguard againt the retard againt the recording of if challenged. Information is to hold! removed from their records and traumatic information to a person unsubstantiated or p:antiated or prejudiced It is the comment that should national conference ( were pleasantly surprised to be already in the midst of a severe comment about them. S:J.t about them. Such com ­ never have been made, such as this practicalities of providin, treated as adults. •. (they) were emotional crisis could be ments appear often to brppear often to be made. A one from a headteacher to a to personal files. generally comfortable about dangerous. Ideally the solution working party set up b~ party set up by the Na­ juvenile court: "Usually affable It will be chaired readingthe record, found it educa­ would be to defer access for a tional Association for '\ssociation for the Care and seemingly conforming but one Patrick Nairne, former tional and appreciated the trust while - if necessary providing and Resettlement of esettlement of Offenders suspects that his pleasant manner " nent Secretary of the [ implied': support to help cope with any reported in 1984 that "al in 1984 that "all present may conceal a devious nature" . It will take place in I This is how doctors at an distress. had experience of schooerience of school reports Alternatively 'frankness' may in­ on November 7. American hospital described the However, the Bill provides two (submitted to juvenilaed to juvenile courts) volve the use of terms such as Speakers will includi results of allowing their patients to safeguards against over-cautious which contained unsubzontained unsubstantiated 'disturbed', 'neurotic', 'hysterical', who allow access to p see their medical records. The authorities trying to protect ap­ allegations ofcriminal Ions ofcriminal behaviour or 'delinquent' - which have a files and can describe he comment is an indication of some plicants from information they are as well as extreme and .as extreme and damaging psychological ring to them but no do it, what problem of the benefits that could result if perfectly prepared to face. First, remarks about condus about conduct which precise meaning. arisen, and how they ha the Access to Personal Files Bill the authority would have to have amounted to expressioted to expressions of ex­ Reports written in this way can­ overcome. became law. the agreement of a doctor if it asperation stated as facon stated as fact ": not easily be disclosed, because to There will be a fee of The Bill would apply not just to wanted to withhold information An article in 'Social rticle in 'Social Work To­ do so would cause offence. Yet Requests for further ir medical records but also to educa­ on these ground. Then, the appli­ day' in 1974 noted \ 1974 noted "common reports that found alternatives to tion or applications to tion, housing, social work, foster­ cant would be free to seek a second observation suggests tltion suggests that some such offensive terms would prob­ Personal Files Confe: ing, care, parole and probation opinion from a doctor of his or her social workers will hapvorkers will happily con­ ably be more useful - not less. Campaign for Freed' records. Records of arrests, convic­ own choice - and that indepen­ tinue to record voyeurisi record voyeuristic gossip One consequence of open re­ Information tions and sentences, credit­ dent doctor would be free to from other departmenther departments, make cording is that reports tend to be 3 Endsleigh St worthiness and certain informa­ release the whole record or any wild pseudo-diagnosticseudo-diagnostic accusa­ written in terms of the actual LONDON WCIH O[ tion from immigration records part of it. tions and regularly assaad regularly assassinate the events and behaviour that has been ;~""C~~ would become available. So too Applicants who felt that an character of their more ler of their more vociferous observed - rather than the per­ :;~'4!Il: would the files held by central and authority was wrongly withholding clients". sonaity defects that are assumed local government about the pen­ information on any grounds could Fourth, because to mah, because to many people to cause them. sions, benefits, grants and appeal to the county court. the files kept on them m kept on them may be the What of suspicions or assistance they provide to There is nothing especially only source of informatiorce of information that ex­ hypotheses that have not yet been individuals. radical in these proposals. The ists on important episoimportant episodes from confirmed? The British Associa­ The Bill would allow people to Data Protection Act 1984 in fact their childhood or pasuldhood or past. This is tion of Social Workers (BASW) , ~ discover whether a particular contains very similar provisions, particularly true for youarIy true for young people recommends that in general these {#'"11 autbority holds records on them ­ due to come into force in who have grown up in IVe grown up in care; they should not be recorded on the "'"..' and if so, to obtain copies. November 1987. However, that Act often feel a particularly leI a particularly keen sense record but kept private until they Ifthe record contained errors, or applies only to computerised of injustice if they are ntice if they are not able to can be confirmed or rejected. misleading or irrelevant informa­ records. The Access to Personal see their own files. r own files. But what of information that ~ tion they could have it amended ­ Files Bill covers records however Finally, because peoply, because people may be simply cannot be overlooked ­ or in cases of disagreement have a they are held - on computer or on unable to take decisio to take decisions about such as suspicions of child cruelty ~ ... statement of their own views paper. their own future if inl.vn future if information or neglect? Can teachers or social added. they want is withheld fr.nt is withheld from them. workers afford not to record their Certain information that might Why access is needed The diagnoses of peophgnoses of people who are unconfirmed suspicions? be on a record would not be First, because tbe very existence of seriously ill are scly ill are sometimes What they cannot afford to do Conference chairm disclosed. For example, personal records which are secret from those withheld to spare them cdto spare them distress ­ in such situations is leave their Sir Patrick Nairn information about someone else concerned often causes un­ and some people do prene people do prefer not to suspicions unconfirmed. Agencies - such as another family member necessary and harmful suspicion. know in such circumstai such circumstances. Un­ responsible for protecting children or a neighbour - would not be If people believe they have not fortunately the same tely the same approach at risk acknowledge that their first released unless that person had received the treatment they are en­ may be adopted with pe adopted with people who priority must be to discover VOu can see consented. titled to tbey may come to attribute very much do want to hch do want to know. whether the child really is in The identity of a member of the it to some prejudiced comment A recently published sently published survey bas­ danger. This cannot be done by yourcompL public who reported suspected they fear exists on the record. The ed on interviews with 161terviews with 167 patients concealing their real concerns from files in 1987 child cruelty or similar matters suspicion may be totally unfound­ with multiple sclerosis fultiple sclerosis found that the parents and trying to surrep­ would not be divulged. However, ed, but may still poison their rela­ 30 (l8'!.) did not knove) did not know of their titiously monitor what may be go­ Compnter users who ho the information that has been pro­ tionship with the authority. diagnosis, though three qis, though three quarters of ing on. ·The subject, unpleasant mation about individual, vided would be disclosed. Second, because records fre­ these wanted to be toldanted to be told. though it may be, has to be raised data banks will have six Information would not be quently do include factual errors with the parents directly. from November 11 to regi released if it would be likely to that only the subject of the infor­ But for other matters it may be the Data Protection I result in someone being physical­ mation is capable of detecting but Would open record! open records better to leave speculation off the Those failing to register, ly attacked or otherwise harmed. which could cost someone the become less frank? e less frank? record altogether. As BASW say, or process personal data Finally, in exceptional cases benefits or treatment they ought to "It is better for such things to be fines of up to £2,000 on s where the applicant might be be receiving. Too often the 'frank' dten the 'frank' comment eternally private than eternally conviction, and unlimited seriously harmed by reading Third, because allowing people is the unprofessional omprofessional one - the recorded in the agency's record indictment. something in the record, it could to check and challenge what has snap, off-the-cuff unccff-the-cuff unconsidered system." The main Data Protec principles, including the people to examine infe about themselves held I puter systems, will beci we have done it ancand it workS' foreeable on November 1 At that time people will Whendid Barnetdecide to allow social ing trust in general and for specific cess to their computerised services clients to have access to their Barnet Borough Council allows individual userslividual users of the individuals; but not their manual one' personal files, and why? social services to have access to their files. Barnet's !files. Barnet's director clearer and more objective consistancy the Campaigr 14 September 1984, in order to eo­ recording; is highlighting. sure that users of the service weremore of social servicesAlan Gorst answers questions aboquestions about their incentive to consider the effec­ genuinely involved in the process. It experience. tiveness and rationale of recording; was also seen as a means of improv­ some reduction of sizes of files; ing practice particularly in terms of the an introduction to Members, of­ 'I want to development of trust. What information do you exempt in which several members a several members ofthe fami­ ficers and the community as a from the right of access, and why? ly are users, are to be re-osers, are to be re-organised 50 whole to the issues of access rights know what's How do people come to know tbey Third parties may state in writing or that for instance one sib!: instance one sibling has no to a range of information and to in my file .. have the right of access? at a formal meeting that all or specific knowledge of information ige of information in the other greater participation of the users. A series of pamphlets on various information from them is "restricted sibling's file unless permissifile unless permission is given. aspects of user rights have been pro­ from user". Obviously, we would hope Otherwise there is clearly msethere is clearly management What have been the disadvantages, if Special report on duced and these are now in the form to place the onus on the third party and administrative input ninistrative input concerning any? Access to Persona of a brochure. The information was (doctor, police or relative) but would the setting up of the proceng up of the processes and in The primary disadvantage would be shared with numerous professionals, not be prepared to close up needed managing it but these ang it but these are not ap­ the increased workload on some Files and other agencies, as well as with sources ofinformation. The third par­ parently significant at this significant at this time. management, professional and ad­ (incorporating the local authority members and social ty information is to be kept in a minstrative staff; proposed Bill) services staff. The issue has received . seperate section ofthe file but the for- Has there been any affect ee been any affect on the rela­ some publicity in the local and na­ mal re-organisation of files has not yet tionship between social w between social workers and It appears that you allow retrospective tional press and service users are in­ taken place. Certain sub judice infor­ clients as the result of aces the result of access? access. Has this caused any problems? Available from the formed of the right at the first or se­ mation is also excluded for legal It would be too early to sald be too early to say there has In order to prevent delay on the Campaign now £1.50 cond meeting and by notices in offices. reasons. No Social Services informa­ been a significant change .ignificant change in the rela­ issue, retrospective access is not a for­ 40p post etc. tion can be excluded if it was record­ tionship between workers a between workers and users as mal right. The working party and even­ ed after 14 September 1984. a result of access but it haof access but it has generally tually the Social Services Committee Who operates it? been revivedpositivelyand wed positivelyand would seem agreed that the date after which record­ sonal record is kept and give The system is operated by individual It is often said that providing access to strengthen trust betweenrthen trust between those serv- ed information was accessible was individual when they "lea workers, field, day or residential, but will be expensive, and create extra ed and the server. the server. more appropriate. In relation to There is no doubt that open the procedure includes managers where bureaucracy. What is your experience retrospectiveinformation, this is allow­ retrospective files, as evident the user is dissatisfied or concerned on these two points? What would you say havould you say have been the ed but does require a drawn out period pool, woud delay the proc about his or her rights. It was agreed This issue was dealt with by the main benefits of your polimefits of your policy, and have in which ex-staff or other professionals siderably and create signif that only in exceptional cases would working party and it was agreed that they been to the clients en to the clients or to the or relatives are consulted about the re­ ministrative and emotional di the senior managers become involved, to re-organise all files would be very department? lent? quest for access. For people in the care This is not to say that it shot for instance where an appeal was made expensive in terms of paper and man­ The primary benefits arerimary benefits are as follows: of the local authority over a long dealt with in the futu by the user. power.For this reason only family files, a reduction of secrecy auction of secrecy and increas- period, particularly children, a per- comprehensively.

~- Defend

Excessive secrecy in Britai tion between governors ar ly undermines the health • The sources of power : • Public servants are not • Public participation is • Justice is often not see • Inefficiency and error ' Britain needs to repeal the of Information legislatior overwhelming case for cc

The Campaign for Freedom ofInformatitn ofInformation is a coalition of over 50 national organisations. Each has a vote on ~ has a vote on its Council, and each con­ tributes to it financially. It has the support of over 250 parliamr 250 parliamentarians, of many local authorities, and of many present and pasresent and past senior civil servants. Its aim is repeal of the Official Secrets Aiicial Secrets Act and the introduction of a Freedom ofInformation Actand this wollct and this would secure a statutory right of access to al/ information held by publn held by public sector bodies, except in specific exempted areas, and place on them place on them an obligation to disclose that information. In place ofthe Official Secrets Act there wietsAct there will be non-disclosure clauses in the Freedom ofInformation Act to prttion Act to protect information likely to endanger national security, impair interna impair international relations, adversely affect the value ofsterling or the reserves, ar the reserves, adversely affect law enforce­ ment or criminal investigations, breachgenons, breachgenuine commercial confiden­ tiality, invade individual privacy, or breachvacy; or breach the confidentiality ofad­ vice, opinion or recommendation tended idation tended for the purpose ofpolicy making. In addition to promoting its main Act, tits main Act, the Campaign is promoting a number ofspecific measures, including Ires, including Bills to create a right ofac­ cess to personalfiles, to tackle environmenkle environmental secrecy, and to open up water authorities.

The following countries have freedom of information legislation: The United States Canada Australia New Zealand Norway Denmark France Netherlands Austria r

r Delllocr a cy

n imbalance of access to informa­ such size and scope that it serious­ racy. e obscured. untable. ered.

likely. ts Act and replace it with Freedom exemptions only where there is an

The Campaign for Freedom ofInformation already has a number ofnote successes. • Together with the Community Rights Project, it promoted and has seen passed into law the Local Government (Acc~ss to Information) Bill which opens up more local authority meetings and secures the availability of relevant paperwork. • Together with the Community Rights Project, it haspersuaded many local authorities to act voluntarily before the legislation comes into force in April 1986, and to extend their accountability further. • The Campaign has caused an additional clause to be added to the legislation dealing with pesticides to enable the public to obtain more information. • The Campaign has producedfour fully-drafted Bills for a full FOI Act, for more accountable water authorities, for access to personal files, and to tackle environmental secrecy. Each is now the subject of widespread national debate.

"We t] "We think the administrative process is sur­ round. rounded by too much secrecy. The public mtere interest would be better served if there were a grea1 a greater amount of openness. Fun Fulton Committee on the Civil Service, 1966-68. "We "We found Section Two of the Official Secret: Secrets Act a mess. Its scope is enormous­ ly wide. Any law which impinges on the 7re:J~ freedom of information in a democracy shoule should be much more tightly drawn". The Franks Report, 1972. "The "The right of access information which is of legi of legitimate concern to people, parliament and p and press is too restricted, and this, com­ bined bined with the general secrecy in which goverr government is conducted has caused much injusti, injustice, some corruption, and many mista\ mistakes". ROJ, Royal Commission on the Press, 1977. The Campaign for Free=reedom of Informatil 3 Endsleigh Street, London WClH ODD Tel: 01-278 9686 6

Supporting Organisations Council for Freedom of Information Information All-Party Parliamentary Advisory Committee National Council of National Graphical (The Policy-making forum for the campaign) . the campaign) Jonathan Aitken (Con) (Lab) Dafydd Wigley ( Voluntary Organisatio ns Association James Corn ford (Chairman) Patricia Hewitt Patricia H ewitt Sir (Con) Robert Kilroy-Silk (Lab) Cymru) Tow n and Co untry Iron and Steel Trades Des Wilson Martin Smith Martin Smith Robin Squire (Con) Donald Stewart I Planning Association Co nfederation Lord A vebury Ron Bailey Ron Bailey Charles Irving (Con) (Lib) Allan Roberts (L Th e Pati ents' Association O ne-to -One Lord Donoughue Vincent Hanna Vincent Hanna Robert Maclennan (SDP) Clement Freud (Lib) Chris Smith (L Th e Nat ional Union of Cam pa ign for th e Men tal ly H ar old Evans Peter Gibson Peter Gibson (SDP) Jo urnalists H andicap ped Christophe r Price Jenny Kuper Jenny Kuper Community Rights P ro ject Nation al Union of Students Dame Elizabeth Ackroyd W H P Whatley W H P Whatley Panel of former Civil Servants advising the Campaign Lega l Ac tion Group Writers' Guild of Great Peter Jay Alex Henney Alex H enney Sir Douglas Wass (Chai r) Sir Kenneth Clucas Michael Po wer Frie nds of the Earth Britain David Hall Julie Kaufman Julie Kau fman Lord Croham Sir Patrick Nairne Barbara Sloman MI ND Cancer Prevention Society G odfrey Bradman James Tye James Tye SOGAT '82 National Unio n of P ubli c Neil McIntosh Dave Higgs Dave Higgs International Advisers Transport 2000 Employees William Bin gley Andy Whyte Andy Whyte Ralph Nader (USA) Sir Guy Powles Senat or Al an Mis Shelter Civil and Public Services The Bishop of Tom Berney Tom Berney Harold Relyea (USA) (New Zealand) (Australia) BUA V Association Leslie Chapman Arthur Ormond Arthur Ormond Lars Broch (Netherlands) Spencer Zifcak CLEAR Society of Civ il a nd P ublic Ronald Lacey Mary McAnally Mary McAnally (Australia) Socia l A udit Servants Kim Stallwood Suzanne Palfreyn Su zanne P al fr eyman Scottish Advisory Panel Campaign for Press a nd Institution of P ro fess io na l Charles Medawa r George Cunningh George Cunningham Peter Gi bson David Go ld berg Donald MacPhi1l: Broadcasting Freedom Civil Serva nts Ge raldine Van Bueren Valerie Ellis Va lerie Elli s British Sa fet y Counc il Li brary Associati on Esther Rantzen Alan Healey Al an Healey Fire Brig ades U nio n Nat ion a l and Local Liz Davies Margaret J effrey Margaret J ef frey HouseOf Lords Govern ment Officers Joh n Winward Sim on Higman Sim on Higman The following Peers have indicated they ubroadly support the cal Associ ati on Jo Roll Faith Lawson Faith Lawson for measures to secure for all citizens access to information thai Ralph Jackson Sarah Cawthra Sarah Cawthra have a right and need to know, and measures to encourage grea Observer Organisations David Baldock Christine Horton Christine H orton National Consumer Counci l Natio na l Counci l fo r the James Michael Nancy Tait Na ncy Tait disclosure of such information": Consumers' Association We lfa re of Prisoner s Earl Amherst Lord G ardiner Lord MoUoy The Nati ona l G as A broad Lo rd Ardwick Lord Gifford Lo rd Morris Consumers' Council Guild of Brit ish Newspaper Lord A shby Lord Hatch Lord Perry Nat io na l Council fo r Civ il Edito rs Lo rd Avebury Lord Hutchinson Lo rd Pitt Libe rties Church of E ngland Board The Committee for Freedom of Informadom of Information (The Campaign management com mitt ee) com mittee) Lo rd Banks Lord H ylton Lord Plant Th e Child ren's Legal Centre of Social Respon sibility Lord Beaumont Lord Jacobson Lord Ritchie Child Poverty Action Prison Reform Trust Des Wil son (Chairman) Ron Lacey Ron Lacey James Co rn fo rd Neil Mcintosh Neil Mcintosh Baroness Birk Lord J enkins Baro ness Ro bson G ro up Londo n Passenger Lord Brigin shaw Lo rd Kaldor Lord Scanlon Gingerbread Transport Committee James Michael Tony Smythe Tony Smythe Ron Bai ley Christopher P ric Christopher Price Lo rd Br ockway Lord Kir khill Earl of Shrewsbur­ Nation al Fe der ation of Self­ .Natio na l Energy Efficiency Lo rd Chitnis Earl Kitchener Baroness Stedman Employe d and Small Forum Cha rles Medawar Martin Smith Martin Smith David Hall Jacob Ecclestone Jacob Ecclestone The Earl of Cromart ie Bishop of Lincoln Lo rd Stoddart Businesses Entertainme nt Trades Lord Darling Baroness Lockwood Lord Taylor of Or Earth Resour ces Research Alliance Lord Darwen Lord Lovell-Davis Lord Tordoff Scottish Consumer Council British Yo uth Council Baroness David Lord McCluskey Lord Willi s Friends of the Ea rth First Division Association Viscount Devenport Lord McI nto sh Lord Wilson (Scotlan d) of C ivil Servants Lord Enna ls Lord McNair Lord Winchilsea USDAW Nati onal Fe deration of Director Director Lord Ev a ns Lord Melchert Lord Winstanley Nationa l Peace Council Women ' s Institutes Maurice Fran kel Maurice Fra nke l La dy Ewar:t-Biggs Viscount Me lville Earl of Gosford

Members Of Porllament John Evans MP Doug I-P Dou g Hoyle MP A llen McKay MP T . P at ch ett MP Cy ril Sm ith MP The following Members of Parliament have stated that they ubroadly Andrew Faulds MP Peter H: MP Peter Hubbard-Mil es MP W illia m McKelvey MP Tom.Pendry MP Peter Snape MP support the campaign for measures to secure for all citizens access to Frank Field MP Roy HtI' Roy Hughes MP Roben Ma clenna n MP David Penhaligon MP Clive So ley MP information tbat tbey have a right and need to know, and measures to Mark Fisher MP Sean HIP Sean Hughes MP Kevi n McNamara MP Peter Pike MP Robin Squire MP Martin Flannery MP Simon ty MP Sim o n Hughes MP Bob McT aggart MP Ray Powell MP David Stee l MP encourage greater disclosure of such information": Janet Fookes MP Charles 4P Charles Ir ving MP John D . McWilliam MP MP Donald Stewert M Leo Abse MP Sir Bernard Braine MP MP George Foulkes MP Grevilles MP G reville J anner MP Max Madden MP MP Gavin St rang MP J onathan Aitken MP MP Robin Corbett MP Derek Foster MP Roy JedP Roy J en kins MP Dr. J ohn Marek MP Martin Redmond MP Jack Str aw MP MP Ro be rt C . Brown MP Jeremy Co rbyn MP John Fraser MP Russell P Russell J ohnston MP David Marshall MP Jo Richardson MP Dr. Ro ger Th oma! Peter Archer MP Ron Brown MP Harry Cowans MP Clem ent Freud MP Barry JIMP Ba rry J on es MP J ohn Maxton MP Allan Roberts MP J ack Thompso n 1'1. MP Malco lm Br uce MP T om Cox MP William Garnett MP Charlestt MP Charles Kenne dy MP Joan Maynard MP Ernie Roberts MP\ St an Tho rne MP Jack Ashley MP N orm an Bucha n M P Stan Crowther MP Bruce George MP Robert AP Rob ert Kilr oy-Sil k MP Michael Meach er MP George Robertson MP Richard Wainwrig Joe As hto n MP Richard Ca born MP La wrence Cunliffe MP Dr. John Gilbert MP Neil Kir rt M P MP Michael Meadowcro ft John Home Robertso n Jim Wallace MP Ton y Banks MP J ames Callag han MP Dr. John C unningham Dr. N.A. Godman MP Archy klan MP Archy Kirkwood MP l-IP MP Robert Warein g M Guy Barnett MP Dale Campbell-Savo urs MP MP David IO:P David Knox MP Bill Michie MP Geoffrey Robinson MP Kenneth Warren ~ Marga re t Beckett MP MP Ron Davies MP James Hamilton MP David In MP David Lambie MP Ian Mik ard o MP Allan Rogers MP Ken Weet ch MP MP De nnis Canavan MP Te rry Davis MP P eter Hardy MP J ames LP J a mes Lamo nd MP MP J eff Rooker MP Dafydd Wi gley MI And rew Bennett MP Al ex Ca rlisle MP Eric Deakins MP H arriet Harman MP Ron Len MP Ron Leighton MP Alfred Morris MP Stephen Ross MP Alan Williams MP Gerry Berm ingh am MP Lewis Carte r-J ones MP Jack Dormand MP Ro bert Harvey MP Rob ert IMP Robert Litherland MP Dave Nellist MP Peter Rost MP Ian Wigglesworth : Sydney Bidw ell MP John Cartw rig ht MP AIr Dub s MP MP Tony LIMP To ny Lloyd MP Dr . David Owen MP Robert Sheldon MP David Young M P Bett y Boot hr oyd MP Dr David Clark MP Alexander Eadie MP MP Hugh W' H ugh McCartney MP Rev. Ia n P aisley, MP MP A ndrew Bowden MP Bob Clay MP Ken Eastha m MP Norman Hogg MP OonaghMP Oonagh McDonald MP Ge orge P ark MP Pet er Shore MP Rol an d Bo yes MP H arry Cohen MP Bo b Edwards MP Gerai nt Howells MP Michaels MP Michael McGuire MP Bob Parry MP Chris Smith MP

Brixton Action Group Health Youth & Society (l & Society of jelecom Freedom Nottingham GMO C Affiliates Brunei University Students Handsworth Law Centre Community Service Executrvice Executives Woodhouse Park & Moss Scotland West. Scottisb Staffordshire, Stral Union HarehiUs & Chapeltown Law Manor Community Centre Solon City Centre Solon Cooperative Housing Nook Community Assoc. Office, Somerset, Thyside Avon, Stratbclyde, Camberley & District Centre Medical Campaign Against Servict;n ABainst Services Writers Guild of America Duastable Graphical Society County, Sussex Ell Voluntary Animal Rights Group Heart of Bromley Residents Nuclear Weapons Soutballns Southall Community Law (Th .) Huddersfield Polytechnic Thmeside MBC, 11 Organisations Camden CAB Assoc. Merseyside Peace Council Centre Council Centre Youth Development Trust Students Union Water Directorates Cambridge Co-op party Hever Farm Residents' MiddJesborough Law Centre SouthallLaw Centre Southall Monitoring Group lSTC Elmdon Stainless Tonbridge and Ma Branch Association Milton Keynes Welfare Southarr:elfare Southampton University 1I'ade Union Merchant Navy & Airline 'Iyne and Wear Centre for Alternative Hillingdon Trades Council Rights Group Studen Students Union Club Branches Officers Assoc. Metropolitan COUI Action for the Victims of Technology Horsham Ecology Party MIND - Abergavenny, East South R venny, East South Headingly ASl'MS - Burnley, NALGO - Abergavenny, Wallsall, Warwicks Medical Accidents Civic Society Hull and District Trades Lindsey, Hammersmith & Commersmit h & Community Assoc. Education, Engineer Avon County, Barnet, District, Warringtc Action on Smoking and Civil & Public Servants Union Council Fulharn, Islington South ~n South Tyneslde Peace Surveyors Section, 750 Barnet Heath, Runcorn New 'Iow Health Association Hull CVS Natcolcibar Coune Council branch Bedfordshire County, Wessex RHA, Wes Advice Centre in the Blue Clapham Community Humberside County Council National Council on Inland Southam on Inland Southampton University COHSE-SI7 Fulbourne Brighton, Bucks County, Midlands County, AGE CONCERN - Project IPCS - NPL Section, Transport Studen Students Union Club CPSA - DOE/DTP Burnley, Central Region, Midlands District , Scotland Clyde Action Scottish Branch Newcastle University Student Southmt:sity Student Southmead CHC Westminster, Dept of Cleveland County, Westminster, West Animal Aid CND - Beckenham & Iris Services Co-operative Union Southwa Southwark Unemployed Employment, Beds. & N. Health Services, Lambeth, West Yo Animal Rights in Maidstone Penge Group, Exeter, Islington Voluntary Action Newcastle upon 'Iyne CVS Centrc:lYne CVS Centre Herts., DHSS Blyth, Dumfries and Galloway, Winchester Health Arun Friends of the Barth Norwich & District, Council Nithsdale Council of South Yi.! of South Yorksnire County DHSS Blackburn Area. Durham County, Baling, Worcester City, Yo Association of Assistant Stockbridge Joint Council for Welfare of Voluntary Service Councce Council Brigllton GMO, DHSS East Kilbride Branch, East Water Head Offjc Librarians Cockburn Association Immigrants Northampton Welfare Rights Star Wallfare Rights Star Walk-in Centre Hull, DHSS Midlands, Lothian, Edinburgh National Assoc. of Association of British College of Health Kingsley Hall Community Unit St Helen St Helens Borough Council DHSS Northampton, District, Edinburgh Gas Governors & Man. Editors Community Computing Centre Council of Stoc kpo i Council of Stockport Central Reference DRSS Oxford, DHSS Branch, Elmbridge, Inner London Bra Association of Communily Network Kirstall Village Community Social Services Librar; Library , Bonds & Erewash Borough. Essex Newcastle Graphical Workers in the UK Community Council of Association North Lewisham Law Centre StockpolLaw Centre Stockport Graphical Society Stocks Office, Bascombe County Branch, Exeter New College Durhar Association of Liberal Humberside Knowsley Mental Health North Tyneside CVS SunderltVS Sunderland Youlh , Strathclyde NW, Health, Falkirk, , Students Union Councillors Community Projecls AsS<><. North West Coastal Emplotal Employment Project DHSS Doncaster, Gosport Glenrothes, GMPTE, NGA - Liverpool, Association of University Foundation Lambeth Reference Library Federation Sutton & Sutton & District Trade MOD, Ruthin, British Greater Glasgow Health Anglia, North Wa! "reachers Concord Films Council Lawyers for Nuclear Nottingham University Union ersiry Union Council Resource Library Lending Division, Board,Gwent County, Border Counties, ~ Aureborough TUC Conservation Society Disarmament Students' Union Centrer Centre British Telecom London Gwynedd Water Services, Watford Unemployed Advice Centre Darrington Institute Legal Advice Project Ore-Zodiac Community ThamesQlunity Thamesdown Borough SW, Cleveland, DHSS Hackney, Hampshire NUJ - Bath, Bolto' Benwell Community Law Disability Alliance Leicester Rights Centre Assoc. Counci Council Devenport, DHSS London County Branch, Havering, Bournemouth, Bla Centre Baling Housing Aid Service Leigh & Distric Welfare Oxford Research Group TottenhaGroup 'Ibttenham Community SE, Lanarkshire, Lord Hens County, & Fylde, Book Bn Birmingham Diocesan Eastbourne Council Rights Group Pitt Street Settlement Projeetlent Project Chancellor's Section, Huntingdon, Inverclyde, Bristol, Brussels, Council for Social Eastleigh Friends of Library Association (The) - Post Office Engineering 1YnesideLeering lYneside Animal Rights North Surrey, Maff County, Lambeth, Cambridge, Cantel Responsibility Handicapped Northern Community Union UMIST 1 UMIST Union Worcester Branch MCS , Lee Valley, Central London, Binningham TU Resource Elfrida Rathbone Services Group Queen Mary College UNA - ege UNA - Chichester branch Sussex & Surrey, Merthyr Leicester City, Liverpool, Cumberland West, Centre Islington/Ca mden Library Campaign (The) Students Union Wales o Wales Council for Voluntary lYdfil, DoE Merseystde, London Music Colleges, Cumbria, Dorset, Black Insight Community Exeter CND Lincoln College of Railway Development Action:tent Action Merseyside, MOD, DRSS Luton, Northampton , Edinburgh & Distr Organisation Family Advice Centre Technology Students' Society Walwortl Walworth Advice & SW Scotland, DTI North Devon, North lees Guardian Chapel, Blackfriars Advice Centre Family Rights Group Union Ramblers Association (The) Comm,tion (The) Community Work Project Midlands, DULC, HN General Hospital, North Magazine Branch, Bradford Metropolitan Federation of Independent Liverpool University Richmond Fellowship (The) WaterlOOShip (The) Waterloo Community Customs & Excise Leeds, Tyneside, NW Regional Keynes, Paris, Council for Voluntary Advice Centres Students' Union Riverpoint (Single Homeless) Develc, Homeless) Development Group HMSO Manchester, Health Authority, Parliamentary, service FoE Birmingham, Lambeth, London Amenity & RSPCA - Kidderminster West Bmrminster West End Co-ord Servofor Kensington Computer Nottingham, Peterborough, P~ Bradford Resource Centre Loughborough, North Transport Assoc. soclPsar - Dept of Single ept of Single Homeless Centre, Newcastle 3, Nottinghamshire, Oldham, Public Relations, ~ Brent Voluntary Service Hens, Preston, Richmond London Borough of Trade and Industry West H ~ t ry West Hampstead Merseyside HQ, Oldham Health, Open St Helens,Surrey CounciJ & TW ickenham. Waltham Forest Scottish Council for Civil Commfor Civil Community Law Centre LeicsINorthant s. DE, University, Ponsmouth Magazine, WaisaIl, Brighton Law Centre Stratford/Avon London Cycling Campaign Liberties West SuI West Suffolk Ecology Party MOD Portsmouth, DRSS City Branch, Reading Gas, Suffolk British Association of Free from Arts Trust Lothian Regional Council Shipley Council for Wolverha>r Wo)verhampton Federation Slough, Lancaster Posts & Rochdale, Rotherham, St NUPE - Airdrie, C Settlements and Social Gateshead Law Centre Manchester Association for Voluntary Service of Coree of Community 'relecoms, Manchester Edmundsbury, Scottish London Polytechn Action Centres Greenwich Dept of Mental Health Slough Centre for the Organi- the Organisations Airport CAA. MOD District, Sheffield, Crawley New TOWI Bristol Council for Consumer Manchester Gay Centre Unemployed Women's Women's International Stanmore, a DA (London), Shropshire/Herefordshire, Dundee District H Voluntary Service Protection/E nvironmental MancheSler Law Centre Slough fo E League League for Peace and Portsmouth GMQ. Solihull & Birmingham, Enfield General, ( control. The Campaign will pror Commons hears case for lfor campaign's Bill in the Private Member in the autumn. In the meantime, copie Bill a re available fro Bill on environmental sec. secrecy Campaign for £4. Tbe Environmental Pollution Information Bill's most vital contribu ­ fullest amount of informnount of information on health or property was put serio us­ Euro MP's nei tion will be to enable people to find out for tbemselves tbe risks whicb all for ms of environment, of environmental pollu­ ly at risk by pollution or by the tbey face from pollution, to discover wbetber everytbing necessary bas tio n, with th e onus placeh the onus placed on the storage of dangerous chemicals. resolution been done to control it, and to press for greater public protection wbere pollutor to substantiate cltosubstantiate claims for "Furthermore, the Bill requires Ken Collins, a UK Membe it is necessary. exceptional treatment. tal treatment. that those who create pollution European Parliament, i This was said by Nigel Forman, technicalities. Inevitably, in those Mr Forman said that tmian said that the Royal should disclose relevant informa­ moting freedom of infOl Conservative MP, in a Ten Minute circumstances, there is suspicion Commission made the ovsionmade the over-riding tion on request. That is necessary issues witbin the EEC a Rule speech introducing the Bill to that secrecy exists to protect those recommend ation that "a.ndation that "a guiding because it would be unrealistic and tabled a resolution in sup the House of Commons in July. who create environmental hazard s principle behind all legisla behind all legislative and unreasonable to expect the pollu­ tbe Environmental Pollut The Bill has been drafted on the or to conceal official inaction. administrative control rel-ative control relating to tion control authorities to pos sess formation measure beln basis of work done by Maurice "That secrecy and the public environmental pollution slental pollution should be complete information on all pollu­ moted by tbe Campaign Frankel of the Campaign for mistrust that it can create is a pro­ a presu m ption in favmption in favour of tion problems which might arise" House of Commons. Freedom of Information, and by blem that has long worried the unrestricted access to the ted access to the public to Mr Collins, who has an , Environmental PollutionInformation Friends of the Earth. Royal Commission on E n ­ information". ion". ding record on envtroi While it will fail for lack of vironmental Pollution:' H e said that Ministers d that Ministers have ac­ A issues in Europe, calls parliamentary time, it provided the cepted that in principle, aat in principle, and that European Parliament to c opportunity for Mr Forman to his Bill would implem would implement the BILL "that there should exist I make a substantial speech on the recommendation. :ndation. To provide. public riabt ofll:Ce$1 10 information OODOl:minJ rigbt of access to informati issue and to have the Bill printed. "The Bill provides thBill provides the public tho discharae or disposal orIU~ into lhe environ­ ment and the presence Qf eena.in dan&erous subswx:es cerning the discbarge or ( It now stands as an indication of with the right of access 1right of access to infor­ 011 prerruse., held by certain sovemmenl departments and other . ulhori hes and by per$OllS responsible of substances into tbe envir what can be done in terms of en­ mation abo ut pollution sbout pollution while ex­ ror I uc:h . ubstanoes; 10 Rquire eenai.n sovemment depanmeo ts and . uthorities 10 notify lbose affected and the presence of vironmental poll ution information empting fro m disclosur from disclosure some of haunb 10 their health or wee)', or dan&er to their dangerous substances on pI legislation. categories of information-s of information wh ere a ~7.~ I ~Yol&ebe ::~~ ~=:::.~ and calls upon tbe Commi W ormationConunissioDer. Mr Forman told the House that genuine case for confidcase for confidentiality draw up proposals to "The aim of the Bill is to ensure can be made out. lade out. Orrk ~d to k brought In by member states to notify tl that the public has access to full in­ It gives the people the s the people the right to Sir 1oj;;::'~~~'"::i/~}J:: lh:;:r-. Mr. Kt ftMth WlUl't n. Mr. N/chofQS Lyell, feeted of hazards to theh formation about pollution of the see and copy any i copy any official Mr. Xt Mt th CiU'/lJk, Mr . Tom CIArb. and safety". M" , V~/"fo }k)tlomlty, Mr. Ihr,k Conway, environment and attendant risks to documents about pollutiats about pollution unless M r. DtlYliJHt tUhCt>dI-Amory and Dr. 1M TwiM public health. Too often that info r­ the documents contains exnents contains exempt in­ mation is treated as confidential formation. It applies to cen. It applies to central and Ordered, by TheHouse or CoI1UllODJ, when it need not be. Unnecessary local government and to aernment and to any other to be Printed, 26 Jun, 1985 obstacles may be placed in the way public authority with respctho rity with responsibility of people who want to know about Nigel Forman MP for pollution matters. ition matters. LONDO" PrInted ... <1 pablUllt4 b1 environmental hazards and the "The Bill would enabldill would enable anyone Her M&Jo.I)". Slllliono'1'Ollico PriIl lod '" IlftIlalId It Sl Stopllca', corrective action that mayor may Mr Forman reminded the House to see information, sinforrnation, such as p..u-lAtfPr... not be taken to deal with them. that the Royal Commissio n m onitoring data, ing data, hazard £3, 70 net published a major review last year "In some cases that is because assessments, research mts, research findings, [Bill 1751 (31"") 49{2 the law prevents the Pollution In­ of the availability of information costs benefit analysis ofnefit analysis of various spector from exposing informa­ on environmental pollution, and emission control strategii control strategies and a Exemptions would cover infor­ tion. In other cases, information is concluded that unnecessary secrec­ wide range of othe r nge of other relevant mation affecting national security, withheld on the grounds that it cy continued to frustrate legitimate material. It would also r It would also require a legitimate commercial secrecy, in­ may alarm people or that people enquiries, and recommended that pollution control authorin control authority to pro­ dividual privacy, or whe re secrecy wo u ld not understand the the public should be entitled to the vide information to anyorrrnation to anyone whose is in the interests of pollution

Campaign affiliates Sec Secrets Facts Ken Collins MEP •. •continued from page 6 The Health and Safety Coith and Safety Commission jured after taking the anti-arthritis The cost of (HSC) appears to have rejipears to have rejected the drug 'Opren' has written to the Prime LA. Huntingdo n, JoW, Constituency Labour Co nst, Ha llam Division, government's policy of int' s policy of favouring infOrmatior Leicester, Newcast le upon Min ister asking her to look into "the Harborough, Ipswich, 'Iyne LA, West Swansea Parties 'unrestricted access' by the pued access' by the public to in­ abuse of secrecy in the medici nes con­ The following letter from C Islington South & Health , Northampton, CLP - Attercliffe, Barrow formation held by pollution a heldby pollutionauthorities trol system". The Opren Action Com­ John France of Swanse Finsbur y, Lancaster North Do rset La, No rwich in Furness. Battersea, wherever possible. possible. mittee says the drug was licensed in the Glamo rgan, appeared in the Birmingham Edgbaston, Un iversity, Leyton & the District, Portsmouth , Leytonstone, Earlier this year HSC Ithis year the HSC published UK on the basis of American studies July: Redbrid ge General. Bow & Pop lar, Beverley, a discussion paper with propn paper with proposals for which the US Food & Drug Ad­ Sir, As Chairman of I Birkenhead , Camarthen & Loughb crough Students Sheffield, Tameside La . LiblSDPNorthavon, increasing public access to : public access to informa­ mini stration rejected as inadequate, Development for the city of Warrin gton General District, Card iff West, Cheetham and Co llyhurst, Norwich (Sou th), tion. But it proposed that it proposed that the main supported by British trials "of very I have, for the past two years POEU - Bedford, Norwood. Penrith & The burden for disclosure shouldr disclosure should be borne Iy received a copy of the morr Binnin gham Drivers, Chelms ford, Chipping little scientific mer it". The Committee Borders, Peterborough Ipswich Barnett,City of by employers - and should zers - and should be largely says that scores of cases of people suf­ release in which the Welsh 0 Divisional, Reading Eas t, Portsmouth Polytechnic Man chester, Deptford, at their discretion . Iscretion. fering serious kid ney or liver damage full details of unemploymer Reigate, St Helens, Sheen, Students Union Dewsbury, Doncaster, The Cam paign for Freedrmpaign for Freedom of In­ - including 40 who died - might for Wales. I have now receiv DudJey East. Du lwich, South Hams, Tru ro formation has told the HSG has told the HSC that this from the Welsh Office stati ng SCPS - SSP Newport, Co nstituency, wanstead & have been prevented if the reviews car­ Ce ntral and Lea Valley, East leigh, Ellesmere Port app roach is wholly inadeqt is who lly inadequate. It is ried our by the DHSS and the Com­ press release will no longer t & Nesto n, Elmet, Woodford, Westmorland Cu mbria, Customs & and Lonsdale, Woodsprin g part icularly critica l of the Hly critical of the HSC's sug­ mittee on Safety of Medicines had me, but that I can have it if Excise Middlesbrough, Faversham , Gedlins , Southend West Lib & gestion that employers mighat em ployers might need to been ca rried out openly and a year for the privilege. Cu stoms & Excise GJasaow Govan, Ha ckney, Radical Association, Truro disclose only "some relativenly "some relatively simple This may seem to be a tri' Readin g, DE Lanarkshire, Hallam, Harwich, Hazel thoroughly. SOP - Cam bornelRedruth, DHS S HQ Central No 2, Grove, Hemswcrth, account of the type of haza f the type of ha zard". This but the principle of char Chertsey and Walton DHSS Cumbria, DHSS Hertford & Stortford, rem arkable proposal is quitele proposal is quite different government statistical inf Glasgow South and Hert amere High Pea k, from the HSC's approach tlHSC' s approach to inform­ seems to have become deepl Inverclyde, DHSS Kent, Hornchurc h, Hunt ingdon, ing employees: workers haoyees: workers have a legal ched, an d the sums being , DHS S North Merseyside, Hyndburn, Kingston , right to all relevant informlll relevant information. • • • becoming very high. DHSS Scotland South Leeds West, Litt leborough/ Note: An other unacceptable elerrrunacceptable element in the In 1983 the city of Swan] West, DHSS South Saddleworth, Livingston, Man chester Gort on , For full details H SC's proposals is the suggoposals is the suggestion that the Business Statistics Burea London, DHSS Th ames, only those with a demonstrae with a demonstrable "need vide figures on VAT tumow DHS S West Penn ine, DNS Midd lesbrough, on how your The Forestry Commission has been to know" would receive info nwould receive information ­ Swan sea Bay area. Such fig Glasgow, DOE/DIP, Monmouth, Newcast le organisati on criticised for refusing to publish the DOE /DIP Romn ey House, East, Newcastle Upon and the imp licat ion that emplication that employers selling price of land it has sold to vide a useful indicator to th East Anglia, Eastcote, lYne, North Co rnwall, can affiliate to would decide which membeide which members of the private and institutional investors. The a local economy. We were tc Employment Gro up, North Du rham, North public do or do not have sueor do not have such a need . House of Commons Public Acco unts charge of £6,900 would be West Surrey. Peterbo rough, the Campaign Kentish Town, HMSO, Health and Safety Inspecand Safety Inspector s have Committee has reported: " We do not the first year's figures, and tl HMT Norwich, Inland Ribble Valley, Rich mond , for Freedom of frequently been criticised for- been criticised for failing to would be requ ired for ev 5 t Helens North, Shet land, accept that commercia l practice is Revenue Worth ing, LCD Information, provi de information to penformation to people who thereafter. Headquar ters, Millban k, Sidcup, South Co lchester necessarily relevan t and certainly not & Hal den , South-Eas t see coupon on complain about pesticides, a:abo ut pesticides, asbestos or conclusive when considering accoun­ These figures are consider. Nature Co nservancy chemi cal hazards. The new hazards. The new proposals local au tho rity to face, but f( Council, Norfolk Distri ct, Staffordshire, South back-page. tability for the disposal of publicly­ North Cleveland, North Reddi sh, South Thanet, will do nothing to remedy othing to remedy th is pro­ owned assets:' The Committee ad ded : individual or for a researche Western Man chester, NHS Spehhcrne, Spring Par k, blem: there is no suggestioire is no suggestio n that in­ "We stro ngly believe that not disclos­ prohibitive. There is a stro ng I Audit , Scottish Offi ce ­ Stoke North, Swindo n, spectors would tell membevould tell members of the ing belief that thesecharges ir 'Iyne Bridge, Vauxhall, ing the prices obtained from these sales Chesser Branch, Sheriff public anyt hing abo ut the ything about the results of detracts from public accountability". element of profit. Clerks Branch, South Walsall South, Wanstead & their en quiries. Yet Emquiries. Yet Employment If I may take the comj Wales (Cu stom s and Woodford, Waveney, Witney & District, Minister Peter Bottomley sIPeter Bottomley specifically trivial example of the Excise), South West, acknowledged to the Campailged to the Campaign earlier unemployment statistics, I fil UKAEA Risley, Whitehal l Wolverhampton SW, Branch M of 0 Group , Ynys Mo n this year that he agreed that hat he agre ed that more in­ to believe that a small v SOGAT - ATAES, formation of this kind sl of this kind should be • • • mimeographed paper sent b: Edinburgh & Forth released and said he was instrnd said he was instructing the class post 12 times in a year District, Glasgow & West H SC's chairman accordinglairman accordingly. asmuch as £10,even making; of Scotland. London CA Liberal Associations/ The HSC is however pro"C is however proposing to An article in the Bank of England's for the labour costs of desj & EP, Humberside, SDP release details of enforcemertails of enforcement no tices Quarterly Bulletin has attacked the Th e present situation make Leicester & District, Mid & ua ASSOC. - Brent it issues and to identify premd to iden tify premises sub­ lack of information disclosedby public for a " Freedom Bill" all 1 South Kent. Midland Council, Brent Sout h, ject to various statutory requious statutory requirements. companies on their boards of directors. pressing, becau se that would Counties, Sawsto n BridJington & Holderness. This would mean that the pulrl mean that the public would However, has repo rted the principle of a free flow c Sunderland Gra phical Broad stone and Magna, Soc iety CamborneiRedruth, be able to discover for the firsdiscover for the first time the that the Bank's own an nual report ­ infor mation so vital to a 'Ibrbay & Distr ict Graphical Cam bridge City, Cas tle whereabouts of premises uts of premises handling in commo n with those of 87070 of com­ democracy, a princip le whicl Society Cary, Crosby, Dewsbu ry large amounts of dangerous omts ofdangerous chemicals. panies surveyed - gives no effectively destroyed by chan Un iversity of York Students Co nn, Dursley and biographical informati on on its non­ that principle is firmly estab Un ion district, Ear lsfield, Eas t executive direc tors and, in common .statute, the secondary issu Yeovil Graphical Society 1\vickenham , Edd isbury •••••• with 94070 of reports surveyed, gives no ministrati ve costs can be cons A group acringon behalf of Icring on behalf of people in- details of its audit committee. a sensible basi s. r

Individual access to files is 2S is a question Of justice

In all the circumstances, to but in fact it affects every in­ secrecy by an Aberdeemy an Aberdeen doctor, The Director of Housing in legislation to meet achieve in only 18 months a dividual directly. These days the writing in the ma in the magazine Wrekin says: "My only advice legitimate concerns. Far full-scale piece of legislation ­ state increasingly encroaches on "Pulse": to other Councils contemplat­ however, to look at the p the Act to make local the lives of individuals. Never ')411 GPs, I imagine, iPs, I imagine, have at ing the introduction of the aspects of a measure sucl authorities more accountable, has the balance between the times in moments ofpiqmoments ofpique writ­ scheme is that my original con­ cess to personal files, an. to come into force on April 1 rights of the individual and the ten unfair and maybe eir and maybe even un­ cerns about a creation ofaddi­ as a creative contributler of next year - is a real achieve­ community needed to be so true things about troubgs about troublesome tional workload in a busy lives of those who des ment and we are proud of it, as carefully weighed, and never patients on their recor. on their records. Are department have not materialis­ public authorities. should be Robin Squire MP has careful surveillance by the patients to have free a, to have free access to ed and that the scheme clearly I personally believe thl and the Community Rights people of the use of power by read those things? Ifso, yethings? Ifso, doctors has the benefit of offering to can achieve legislation to Project, who shouldered the the State been so essential. must be prepared for I prepared for libel ac­ our customers a record system a statutory right of ae bulk of the day-to-day work. We do not pursue access to tions." in which they have confidence" personal files, our Cal There is, unfortunately, no personal files just as a point of What about medical records? will have justified its ex cause for complacency. We have principle, although I do believe' It is said that patients may be by that measure alone. BI so far failed to achieve one of that as a matter of principle upset, and their health pro­ of our main objective, our other earlier objectives, to people should be able to inspect blems made more serious, if Freedom of Informatioi open up water authorities. This and check files about they discover the truth about Or repeal of Section Two is a matter for real concern, for themselves, subject to a few sen­ their illness. Our legislative pro­ Offical Secrets Act? The on this issue there is an over­ sible exemptions. Nor is it just posals allow doctors to delay be in the forefront of OUI whelming consensus for action. an issue of consistency, production of the file if they paign at the time of th And we have two other although it clearly is inconsis­ believe that at a particular time election and afterwards. measures to put our mind to. tent that we now have the right a patient could be adversely af­ We look to the OPPI One is our legislative pro ­ of access to individual files held fected, but this should be a rari­ parties to demonstrate i posal to tackle environmental on computer, but not those kept ty. In any event, ifa patient does manifestoes the streni secrecy, although at leastin this manually ... that the rights of not wish to know all the details, their determination to int area there is hope. It is now of­ the individual are determined he or she need not. We do not FOI, and we look to the ficial policy, to quote a DoE according to whether their par­ propose that files should be and our supporters tl consultation document, that ticular local authority, or comment Inment by forced upon people! make this an election ''there should be apresumption school, or medical practitioner, A clinic in Birmingham Secrecy is not just an i! in favour ofunrestricted access uses a computer or not. Des WiISOBS Wilson writes to say that it not only itself; it is part of the unl of the public to information It is, above all, a question of allows access to medical imbalance hetween Sta which the pollution authorities justice. Records are kept for a Surely the point is tIY the point is that doc­ records, but automatically individual, between Gm obtain or receive by virtue of reason. They are kept so that tors should not record "I1dnot record "unfair" hands the file to a patient on ar­ and governed, between their statutory powers': different agencies and profes­ and "maybe even untrusybe even untrue" com­ rival in reception. While they do who should be servani A Whitehall working party is sionals can inspect them, and ments on patients' lin patients' records. not force a patient to read it, those who should be mal studying this issue, but with our reach conclusions about the Surely the patients shche patients should be they like a patient to do so, and is not a fringe issue in draft legislation, we have shown behaviour, character, or health protected from such beld from such behaviour. thus to share- in the full politics; it is fundamei the way. We look forward to of an individual. If error creeps Professionals should beonals should be able to knowledge of all the cir­ any positive inJprovemen achievement in this area later in into these files, erroneous defend and explain to lind explain to the in­ cumstances of the case. quality of our democrat the year. action can follow, sometimes dividual any comment any comment that is Likewise, social workers say to the effective tackhng The other is the Access to the caution of inappropriate recorded on his or her 1 on his or her file and that it can be beneficial to in­ many of our national pro Personal Files Bill, and we in­ treatment, and sometimes the can be read by others. ~ead by others. volve the client in the creation As the Campaign ne: tend to marshall all of the cause of injustice. Will it cause considert cause considerable ad­ of his/her file, and enlightened end of its second year, resources of the Campaign Nor is it just a matter of fac­ ditional bureaucracy an bureaucracy and cost? teachers take the view that to mains in full strength, it, behind this particular measure tual error; there are also opi­ Apparently not, for it rtly not, for it has not share in the detail of a record tion undiminished in size this winter. nions, sometimes recorded in done so in other countrin other countries, and can help the child face and over­ its determined suppo Freedom of information is the heat of the moment, which those local and ediocal and education come defects or problems. anyone "not far from Dc sometimes said to he an issue remain on file and become authorities in the UKies in the UK which Of course, it is always possi­ Street" helieved it woul exclusively for those who "fact" simply because of their already allow access to pllow access to personal ble to come up with some pro ­ one-year wonder, they operate in Whitehall, longevity on that file. files have not found it tie not found it to be the blems with any new measure, now be disabused. Westminster, and Fleet Street, Consider this defence of case. although we have tried in our

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The definitive book on ______(address) Secrecy in the U.K. The Secrets File is the de­ Enclose a cheque for £ for the Campaign for finitive book on secrecy in O f O Freedom of Information Britain in 1985. Would like to be an affiliate organisation and enclose a It is edited and half its chapters written by Des D D .cheque for £7 .50 Wilson, chairman of the · Would like to be a subscriber/supporter and enclose a Campaign for Freedom of cheque for £7 .50 to cover this Information, and has con­ D D tributions from Maurice ~:ve added £7 .50 to my donation to cover this Frankel, James Michael D D and Ron Bailey. You can order this Would also like a copy ofThe Secrets File and enclose £4.95 powerful paperback di­ D D plus 40 p&p rect from the Campaign (Tick appropriate box) by using the coupon on the right. Price £4.95 post-free. A ll cI A ll cheques should be made payable to: The Campaign for ------Free -Freedom---of Information. ---- _. l