Newspaper of the 1984 Campaign for Freedom of Information No.1

Political Leaders back call for freedom of information lOur rlgh to know'

The most substantial British campaign Individual activists in the campaign ever for freedom of information and a included Bernard Donoughue, former statutory "right to know" has been No. 10 Downing Street advisor; launched with such clear and categori- Harold Evans, former editor of The cal support from the leaders of all Times and The Sunday Times; Peter opposition parties that success at least Jay, former UK Ambassador to Wash- in the longer term appears inevitable. ington, and Chairman of the National The Chairman ofthe 1984 Commit- Council for Voluntary Organisations; tee, Des Wilson, read to a press confer- Michael Shanks, Chairman of the ence to launch the Campaign for Free- National Consumer Council; Dame dom ofInformation on January 5 sup- Elizabeth Ackroyd, former Director portive letters from , of the Consumers' Association, and , and David Owen, and now Chairman of the Patients' Asso- named over 150 Members of Parlia- ciation; and television campaigner ment and 50 Members of the House of Esther Rantzen. Lords who supported the broad objec- The campaign's broad objectives tives of the campaign. are headed by a drive to secure a statu- Neil Kfnnock stated that: "A thriv- tory right of access to all information ing democracy depends on clear, full held by government and other public information, fairly presented, for all sector bodies, other than that for which our citizens. Information is the lever of sl?ecific statutory protection is pro- power and in a free society free people Vided, and to place on these bodies an should have maximum access to and "I welcome and support "I pledge the full support "Government is too obligation to disclose such informa- control over that lever. tion. the 1984 Campaign .•. I of my party •.. whoever centralised, bureaucratic, Thus the campaign is concerned "I want to emphasise both the with both national and local govern- importance of the issue itself and the emphasise the importance needs mformation for any and secretive, and is ment and also with other public organ- commitment of the Labour Parry to of the issue itself and the legitimate purpose should desperately in need of new freedom of information legisla- isations and utilities. tion which will strengthen Britain's commitment of the be able to get it unless reform ... the campaign However, the campaign extends its democracy by requiring authorities Labour Party to freedom there is some clear, could be the vehicle for objectives to organisations in the pri- to justify withholding information." vate sector, requiring a statutory obli- of information specific and valid reason this and has my best gation to give access to and disclose (The 1983 Labour Party Manifesto wishes." such information "as may be required promised a Freedom of Information legislation. " why not." Rt. Hon. Neil Kinnock Rt. Hon. David Owen Rt. Hon. David Steel by the public interest". Act.) It seeks to promote a Freedom of David Steel, leader of the Liberal Leader, The Labour Party Leader, Social Democrats Leader, The Liberal Party Information Act and to repeal the Party, wrote that "freedom of infor- Official Secrets Acts and replace them mation is vital to the regeneration of by one Act giving such protection to our society. Resting on our laurels as official information as may be neces- the oldest modern democracy, we sary for national security. have become smug and compla- Commenting on the considerable power, would be seen as a fundamen- be dismissed by the electorate, so it is In addition to pressing for this major cent ... our government is too central- political support for the campaign, tal betrayal of the electors. Not only inevitable that we willhave freedom of legislation, the campaign hopes to ised, too bureaucratic and too secre- Des Wilson said that the organisers still have they stated in their 1983 manifes- information legislation." monitor all Bills introduced into Parl- tive, and is desperately in need of hoped that the Thatcher Administra- tos (and willpresumably repeat in sub- He pointed to all-party support for iament and to add provisions for reform. tion would respond to the widespread sequent manifestos) that they will the campaign, including support from public access and disclosure where "It is ironic that the Freedom of concern about excessive secrecy and legislate, but the three leaders most Conservatives, and named organisa- relevant. Information Bill sponsored by my col- would support freedom of information likely to be at the helm when the next tions that would be fully involved in It hopes to identify and seeks to league Clement Freud MP should legislation rather than unconvincing election occurs have committed them- the campaign, contributing finance, repeal all unnecessary secrecy provi- have fallen due to the intervention of voluntary changes. selves clearly and categorically. research, and campaigning staff. In sions in existing legislation. the 1979 General Election. 1welcome "In any event, the opposition parties "At least we now know that Just as it addition, other organisations had indi- However, the campaign emphasises this opportunity to renew our com- are surely committed to the point is inevitable that the present ruling cated their basic concern by becoming also what it will not seek - it acknow- mitment to freedom of information. where a failure to act, if they come to party will one day, rightly or wrongly, observer organisations. ledges that an element of confiden- "The Campaign for Freedom of tiahty remains necessary and will not Information could be the vehicle for seek the disclosure of information that this reform and it has my best wishes would endanger national security, for every success in its efforts." impair relations between governments (The Liberal Party-SDP Alliance ana others, adversely affect sterling or promised Freedom of Information Mrs. Thatcher Ito be convinced' the reserves, adversely affect law legislation in its 1983 erogramme.) enforcement, breach genuine com- David Owen wrote: 'The public has The political battIelines on freedom Mrs. Thatcher once introduced a able to Parliament and "a statutory mercial confidentiality, or invade in- the right to know whether it is being of information are likely to be Private Members Bill to open local right of public access would remove dividual privacy. governed lawfully and efficiently. drawn over whether or not it authority meetings to the public but this enormously important area of A subject of considerable debate by Whoever needs information for any requires legislation. All the main she has since been criticised as a decision-making from Ministers the Council for Freedom of Informa- legitimate purpose within our society opposition parties share the view of defender of secrecy. in a and Parliament and transfer ulti- tion, the campaign's policy-making should be able to get it unless there is the 1984 Campaign that it does. leading article in 1979 said: "Mrs. mate decisions to the courts. No body, was whether advice, opinions, or some clear, specific and valid reason The Prime Minister, however, is to Thatcher has passionately criticised matter how carefully the right were recommendations intended by civil why it should be withheld. The SDP be convinced. the closed shop in many areas of defined and circumscribed, that servants and others to assist with policy is to introduce a comprehen- In a lukewarm letter to the cam- British life. She should not now would be the essential constitu- Ministerial policy-making should sive Freedom of Information and paign the Rt. Hon. Margaret countenance a closed shop for tional result. The issues requiring remain confidential. It was finally con- Expression Act which would include Thatcher "welcomes any move to information." More recently - in interpretation would tend to be pol- cluded that an element of confiden- such measures as the establishment of help ensure that public demands for 1983 - it warned her "government itical rather than judicial, and the tiality was necessary for free and frank the principle that all government infor- information are heard and as far as is public business - not a private relationship between the judiciary policy-making discussion, and that the mation is freely available unless other- possible satisfied", but she adds firm - it should comport itself and the legislature could be greatly campaign would not seek legislative wise stated. The legislation would also "we already have a clear policy to accordingly" . damaged. But above all, Ministers' controls over confidentiality of such include the right of individuals to have make more information available accountability to Parliament would advice, provided it was broad advice, access to information on themselves, and the necessary machinery to do The Prime Minister, however, be reduced and Parliament itself and not specific scientific and technical subject to a code of practice defining so". argues that Ministers are account- diminished. " advice based on fact and expertise. exceptions and limitations." This should be widely available. Unique coalition will The 1984 Idemonstrate. . wide, CAMPAIGN FOR FREEDOM OF INFORMATION 2 Northdown Street, Nl'9BG Tel: 01-2789686 public concern over Supporting Organisations National Council of Voluntary Legal Action Group Organisations Friends of the Earth Town and Country Planning MIND Association Transport 2000 excessive secrecy' Advisory Centre for Education Shelter The Patients' Association BUAV experience from other countries provided by an The National Union of Journalists CLEAR The 1984 Campaign for Freedom of Information Community Rights Project Socia] Audit is a coalition of 25 national organisations. Itseeks international panel of advisers, and has an all- to extend the public debate on secrecy beyond the party House of Commons Advisory Committee. Observer Organisations National Federation of Self- traditional .closed circle of politicians, academics, Even before its launch it has over 150 MP suppor- National Consumer Council Employed and Small Businesses lawyers and journalists to the public as a whole, ters and 50 in the . Consumers' Association Earth Resources Research and to demonstrate the existence of widespread A unique feature of this campaign will be that The National Gas Consumers' Scottish Consumer Council pnblic concern about excessive secrecy and a sub- the supporting organisations will each conduct Council Friends of the Earth () stantial public appetite for much greater access to their own mini-campaigns on freedom of informa-· National Council for Civil Liberties Union of Shop, Distnbutive & information. tion alongside the main one. During 1984 a series The Children's Legal Centre Allied Workers Organisations in the coalition break into two of special reports on secrecy will be jointly Child Poverty Action Group Gingerbread groupings: first, there are full supportingorganisa- published by the 1984 Campaign and individual tions, who are committed to active involvement supporting organisations. The effect of this active Council for Freedom of Information and financial support for the campaign. Second, coalition will be that the resources of the 1984 (The policy-making forum for the campaign) there are observer organisations who have a Campaign will be much greater than its own James Cornford (Chair) Ronald Lacey record of support for the broad objectives and are specific income and its own small campaigning Des Wilson Kim Stallwood sympathetic to the campaign, but who for consti- team. Lord Morris Charles Medawar The campaign is to seek all-party support, and Lord Avebury John Wright tutional reasons, or because of lack of available Michael Shanks Geraldine Van Bueren resources at this time, cannot be fully involved. to try to avoid making this a party-political issue. Bernard Donoughue Esther Rantzen The campaign has two decision-making bodies: At the launch press conference, the 1984 Commit- Harold Evans Liz Davies the first is the Council for Freedom of Informa- tee Chairman, Des Wilson, emphasised that "our Christopher Price John Winward tion, chaired by James Cornford, Director of the criticism is not so much of the government (i.e. Dame Elizabeth Ackroyd Jo Roll Nuffield Foundation and former Director of the today's ruling party) but the British way of govern- Peter Jay Ralph Jackson Outer Circle Policy Unit. The Council lays down menl. Just as the opposition parties are committed David Hall David Baldock the objectives and priorities for the campaign, and to action, so many leading Conservatives have Godfrey Bradman James Michael takes over-all policy decisions. publicly admitted that the Official Secrets Act is Neil McIntosh Patricia Hewitt William Bingley Martin Smith The 1984 Committee, chaired by Des Wilson, an anachronism and that we need far greater free- The Bishop of Birmingham Ron Bailey Chairman of Friends of the Earth, the organisa- dom of information. What we will seek to do is to Leslie Chapman Vincent Hanna tion which initiated the coalition, will plan and unite all the political parties and the wider public manage the campaign on a day-to-day basis. behind a reform that will strengthen our de- The 1984 Committee for Freedom of Information The campaign has the benefit of advice and mocracy, an objective we hopefully all share." (The campaign management committee) Des Wilson (Chair) Ron Lacey James Cornford Neil McIntosh James Michael Tony Smythe The Campaign's Obiectives Ron Bailey Christopher Price Charles Medawar Martin Smith The following are the objectives of information Act to establish a disclosure where relevant. David Hall Jacob Ecclestone the 1984 Campaign for Freedom of public right of access to official (e) To identify and seek to repeal Margaret Hyde Martyn Hall Information: - Information, subject to those all unnecessary secrecy provisions exemptions required to protect in existing legislation. All-Party Parliamentary Advisory Committee 1. Broad Objectives confidentiality genuinely necessary (n To press for legislation to Sir Bernard Braine (Con) Robert Kilroy-Silk (Lab) (a) To secure a statutory right of to the proper conduct of govern- establish a right of defence in law Robin Squire (Con) Allan Roberts (Lab) access to all information held by ment, its relations with other gov- for those who disclose without Charles Irving (Con) Michael Meadowcroft (Lib) government and other public sec- ernments and organisations and authorisation information to which Ropert Maclennan (SDP) Clement Freud (Lib) tor bodies other than that for which the privacy of individuals. there is, as above, a public right of Ian Wrigglesworth (SDP) Dafydd Wigley (PlaId Cymru) specific statutory protection is pro- (b) To press for legislation to access, or which is justified in the Jeff Rooker (Lab) Donald Stewart (SNP) vided, and to place on these bodies establish a similar public right of public interest. an obligation to disclose such infor- access to information held by local mation. government. 3. Other Aims International Advisers (b) To place upon organisations (c) To seek the repeal of the Offi- (a) To encourage public and Ralph Nader (USA) Sir Guy Powles (New Zealand) in the private sector a statutory cial Secrets Acts and their replace- private bodies to disclose such Lars Broch (Netherlands) Senator Alan Missen (Australia) obligation to give access to and to ment by an Act to give such protec- information on their own initiative. disclose such information as may tion to official information as may (b) To alert the public to their Scottish Advisory Panel David Goldberg be required by the public interest. be necessary for national security. existmg rights to information and Peter Gibson Donald MacPhillimy (d) To monitor all Bills intro- encourage them to make full use of 2. Legislative Aims duced into Parliament and to add those rights. House of Lonls (a) To promote a freedom of provisions for public access and The following Peers have indicated they "broadly support the campaign for measures to secure for all citizens access to information that they have a right and need to know, and measures to encourage greater disclosure of such informatioil":- What we will not seek Earl Amherst Lord Gardiner Viscount Melville Lord Ardwick Lord Gifford Lord Molloy The 1984 Campaign accepts that an element of confi- recommendation tendered for the purpose of policy- Lord Ashby Lord Hatch Lord Morris dentiality remains necessary, and in particular this cam- making. (This does not include expert scientific or tech- Lord A vebury Lord Hutchinson Lord Perry paign will not seek the disclosure of information that nical advice or background factual information.) Lord Banks Lord Hylton Lord Pitt would:- Lord Beaumont Lord Jacobson Lord Plant (a) endanger national security; Baroness Birk Lord Jenkins Lord Ritchie Baroness Robson (b) impair relations between the government and Further support to be announced Lord Briginshaw Lord Kaldor other governments or organisations; Lord Brockway Lord Kirkhill Lord Scanlon (c) adversely affect the value of sterling or the Because it was necessary to print this material Lord Chitnis Earl Kitchener Earl of Shrewsbury reserves; several weeks before the launch of its campaign Lord Darling Bishop of Lincoln Baroness Stedman (d) adversely affect law enforcement or criminal on January 5, 1984, the list of supporting organis- Lord Darwen Baroness Lockwood Lord Stoddart investigations; ations, involved individuals, and supporters In the Baroness David Lord Lovell-Davis Lord Tordoff (e) breach genuine commercial confidentiality; Houses of Commons and Lords, is a preliminary Viscount Devonport Lord McCluskey Lord Willis list and will be considerably enlarged. Lord Ennals Lord Mcintosh Lord Wilson (f) invade individual privacy; Lord Evans Lord McNair Lord Winstanley (g) breach the confidentiahty of advice, opinion or Lady Ewart-Biggs Lord Melchett

Members of Parliament Ken Eastham MP Doug Hoyle MP Oonagh McDonald MP Dr. David Owen MP Peter Rost MP The following Members of Parliament have stated that they "broadly Bob Edwards MP Peter Hubbard-Miles MP Michael McGuire MP George Park MP Robert Sheldon MP support the campaign for measures to secure for all citizens access to loan Evans MP Roy Hughes MP Allen McKay MP Bob Parry MP Peter Shore MP information that they have a right and need to know, and measures to John Evans MP Sean Hughes MP William McKelvey MP T. Patchett MP Cyril Smith MP encourage greater disclosure of such information":- Andrew Faulds MP MP Robert Maclennan MP Torn Pendry MP Peter Snape MP Frank Field MP Charles Irving MP Kevin McNamara MP MP MP l.eo Ahse MP Sir Bernard Braine MP Harry Cohen MP Mark Fisher MP Greville Janner MP Bob McTaggart MP Peter Pike MP Robin Squire MP David Alton MP MP Robin Cook MP Martin Flannery MP MP . John D. McWilliam MP Ray Powell MP David Steel MP MP Robert C. Brown MP Robin Corbett MP Janet Fookes MP MP Max Madden MP MP Donald Stewart MP Jack Ashley MP Ron Brown MP MP Derek Foster MP Barry Jones MP Dr. John Marek MP Giles Radice MP Gavin Strang MP Joe Ashton MP MP Tom Cox MP John Fraser MP MP David Marshall MP Martin Redmond MP Jack Straw MP Tony Banks MP Norman Buchan MP Stan Crowther MP Clement Freud MP Robert Kilroy-Silk MP John Maxton MP Allan Roberts MP Jack Thompson MP Guy Barnett MP Richard Caborn MP Lawrence Cunliffe MP William Garnett MP Neil Kinnock MP Joan Maynard MP Ernie Roberts MP Richard Wainwright MP MP MP Dr. John Cunningham Dr. John Gilbert MP Archy Kirkwood MP MP George Robertson MP Jim Wallace MP MP Dale Campbell-Savours MP Dr. N. A. Godman MP David Knox MP Michael Meadowcroft John Home Robertson Robert Wareing MP Andrew Bennett MP MP Ron Davies MP Bryan Gould MP David Lambie MP MP MP Ken Weetch MP Gerry Bermingham MP Dennis Canavan MP Terry Davis MP James Hamilton MP James Lamond MP Bill Michie MP Geoffrey Robinson MP Dafydd Wigley MP Sydney Bidwell MP Alex Carlisle MP Eric Deakins MP Peter Hardy MP Ron Leighton MP MP Allan Rogers MP Alan Williams MP Betty Boothroyd MP Lewis Carter-Jones MP MP MP Robert Litherland MP Austin Mitchell MP Jeff Rooker MP Ian Wigglesworth MP Andrew Bowden MP John Cartwright MP Alf Dubs MP Norman Hogg MP MP Alfred Morris MP Ernie Ross MP David Young MP Roland Boyes MP Bob Clay MP Alexander Eadie MP Geraint Howells MP Hugh McCartney MP Dave Nellist MP Stephen Ross MP iIn Freedom of Information this country lags further behind the rest of the world every year~ Freeeloill of Inforlll tio arounel the worlel James Michael looks at how other countries have moved may be for a single page, or for thou- now largely enforced under two Data New Zealand Act, which went into sands), they divided the searchers for Protection Acts passed in 1979. effect at about the same time, relies on far ahead of Britain in introducing freedom of information information into five groups: individ- France, despIte a reputation for the ombudsman for enforcement. Like legislation and at what lessons Britain can learn from their uals, corporations, public interest secrecy and centralized authority, took the Australian act, but even broader, experiences. groups, die media, and foreign gov- a very large step towards open govern- some exemptions from disclosure are ernments. ment in 1978. The Act established a final if a minister or the Prime Minister The United States nal government communications, but Most criticism of the Act has come general public right to documents, certifies that disclosure would harm is not as broad as it sounds. Itis limited from Government agencies and from subject to 10 broadly-worded exemp- certain interests. Before 1966 freedom of information to confidential advice, and does not companies who want greater protec- tions, with a commission to hear com- in the USA was encouraged by the support secrecy offactual information. tion for commercial secrets. But the plaints from those who are refused First Amendment to the Constitution, Also it only protects such advice test of the law is in its results, which access. The commission then makes "The tradition of administrative which prohibits laws restricting free- before a decision is taken; afterwards, have been thousands of disclosures of recommendations about disclosure to secrecy which we inherited as part dom of speech and the press. The 1966 even confidential advisory records records such as warnings of health the government departments. If the of the Parliamentary system from Freedom of Information Act went fur- must be made available. violations by meat packing plants (in- government still refuses to disclose the Britain has certainly encouraged ther to establish a positive people's The sixth exemption is for personal cluding some British ones), reports on records, an appeal to the administra- suspicion of Government .... right of access to government records, privacy. This means that individuals employment of minorities, and inspec- tive court is possible. Although the law Secrecy leads to distrust and fear and it could be enforced through the can usually get records about them- tion reports on nursing homes. isstillfairly new, it has led to disclosure on the part of the public •..• As the courts. The burden was shifted from selves, but others will be refused of evacuation plans in case of accidents size of the public service grows the inquiring citizen, who before had access. Europe at nuclear power plants. (British and as the element of secrecy per- to give reasons for wanting to see The seventh exemption protects law Sweden's open government system is authorities have refused to publish sists, the citizen is asking 'l.uite records, to the government, which enforcement investigatory records. similar plans.) The government has correctly not only what deciSions now had to justify secrecy under one of the oldest in the world, first established This was limited in 1974, largely in the 1766 Constitution, and more released documents in most of the are being made but how they are nine general exemptions. because the Federal Bureau ofInvesti- cases in which disclosure has been being made." The Act had its loopholes, most of firmly so since 1809. Unlike the U.S. gation was exploiting it. Now law law, it does not rely entirely on general recommended by the commission. From a report of the which were closed by amendments to enforcement files are protected only if Also in 1978, France adopted one of strengthen the Act in 1974 and 1976. exemptions (there are seven ofthem), Canadian Commission on disclosure would cause one of sixfairly but also has hundreds of very specific the most thorough data protection Freedom of Information 1980. Under the Act, much government specific kinds of damage to enforce- laws in Europe, giving individuals information is routinely published. If it exemptions in the Secrecy Act. ment of criminal law. ' Because it has been established for so broad rights to see records on them- is not, anyone has the right to demand The eighth and ninth exemptions selves, with an independent authority a document, and can take the gov'ern- long it is almost taken for granted, and Lessons from Other are for records about banks and petro- government departments routinely to enforce the law. ment agency to court if the request is leum, and have hardly been used. The rather weak law in the Nether- Lands refused. make files of correspondence and The Freedom of Information Act is reports available for the public lands took effect in 1980. Its exemp- Despite differences in history and cul- If the government relies on the first closely related to several other laws tions are very broad, and its effective- ture, all of these countries have recog- exemption - for defence or foreign (usually journalists) to sift through. passed during the 1970's. The Privacy If a civil servant refuses to disclose a ness willdepend on how they are inter- nised three basic requirements for relations - the court must be satisfied Act of 1974 gives individuals rights to preted by review that the document was properly classi- record, there are two possible appeals. effective freedom of information legis- see and correct records kept on them, One is to the Supreme Administrative body. The Austrian federal law passed lation. The first is that there must be a fied to prevent damage to those inter- largely overlapping similar provisions in 1973 is even weaker, but the Data ests. Court. The other, less formal, is to the right of access to government records, in the Freedom of Information Act. ombudsman. Protection Act passed in 1978 isnearly without any requirement that people The second exemption, for internal The Federal Advisory Committee Act as strong as the one in France. must prove their 'need to know'. Sec- personnel rules, has been narrowly of 1972 makes meetings between gov- ond, the exemptions from this rule of interpreted. For example, manuals of ernment agencies and industry open to The Commonwealth disclosure must be drawn as specif- tax authorities can only be withheld if the public. The 'Government in the Three countries with British-s~le con- ically as possible, to prevent harm to they would enable law violators to Sunshine Act' of 1976 similarly identified interests such as national escape detection. stitutions, Canada, Austraha and requires government regulatory agen- New Zealand have all passed freedom defence and personal privacy. Third, The third exemption, for records cies to open their meetings to the of information acts very recently. Of when access to records is refused, which must be kept secret under other public. The 1978 'Whistleblowers' these, the Canadian act is probably the there must be a right of appeal to some laws, means, for instance, that individ- (Civil Service Reform) Act protects best. In all three countries there was authority - court, ombudsman, tribu- ual tax returns are not generally avail- civilservants who disclose wrongdoing considerable public pressure, and gov- nal or some combination of these - able. It, too, is strictly interpreted. or waste. ernment resistance, during the 1970's. which is independent of the govern- The fourth exemption is for 'trade There have been many British trips The Canadian and Australian acts ment. If the government is its own secrets', and is particularly important to the U.S. to look at American law, apply to the federal governments, but judge in deciding that secrecy is justi- for consumer and environmental pro- some by journalists and researchers were preceded by similar laws in some fied by an exemption, the law becomes tection groups. One of the very first who were able to get British informa- of the provinces and states. no more than a statement of good cases was brought by the Consumers' tion that is not available here. One offi- The Canadian law has the strictest intentions. Union to get reports on comparative cial report by the Civil Service Depart- exemptions from the rule of disclosure While there are limitations in most testing of hearing aids by the Veterans' ment (now dissolved) was published in (although probably not as strict as legislation, all of these countries are Administration. Such information can 1979. Although cost isoften used as an tnose in the U.S.). It has followed the moving in the right direction, and most only be kept secret if it would cause argument against the Act, the CSD Scandinavian example by establishing ofthem have acted in the 1970's. Like serious harm to the company that pro- reported that nobody actually knew an Information Commissioner, similar the United States, many of them are vided it, and is not protected just the cost, despite several studIes, and ,k to the ombudsman, to act as a sort of likely to look again at their laws after a because a company calls it 'confiden- that agencies often exaggerated their small claims court for appeals against few years and act to improve them. All tial'. James Michael was educated in the estimates. Although it is difficult to tell United States and admitted to the refusals. But there is a further appeal of them have acted to protect two The fifth exemption protects inter- who uses the Act most (one request District of Columbia Bar. He worked to the courts ifthe government persists closely related rights: the citizen's right U1"d<-'iJ!i' "i'd"'~~ 4HF:~m.m~~:~~~1'! as an editor with US Law Week, was in refusing to disclose records. to privacy, especially against govern- staff counsel with the National The Australian act is weaker, with ment, through data protection laws; Commission on Product Safety, and a many federal agencies excluded from and the citizen's right to know more member of Ralph Nader's Center for it altogether. It also has broadly- about how he or she is governed. The Study of Responsive Law. He moved worded exemptions. Although there is is reluctantly moving to London in 1972 and has a LL.M. a system of appeals, first to administra- towards a data protection law, and that from the London School of tive tribunals and then to the courts, only to avoid being frozen out of inter- Economics. He is now Senior some exemptions are beyond appeal if national markets. In freedom of infor- Lecturer in Law at the Polytechnic of a minister certifies that disclosure mation this country lagsfurther behind Central London. He is the author of would damage certain interests. The the rest of the world with every year. "The Politics of Secrecy", published by Pelican Books in 1982, and an acknowledged authority on _The principle of responsibility - to the electorate worldwide initiatives towards greater and parliament - is a vital one which must be freedom of information. maintained and strengthened because it is the basis of popular control over the direction of government Other Scandinavian countries have and the destiny of the nation. To the extent that it is followed Sweden's example. Norway eroded, the people themselves are weakened. If the finally passed an act in 1970, replacing people cannot call to account the makers of an earlier law which required citizens to show a 'need to know'. It is weaker government policy, they ultimately have no way of than the U.S. or Swedish laws, and controllin~ public policy or the impact of that policy does not apply to records created on their lives •.. but just as fundamental .•• people before the law went into effect. In- dividuals who want to see records and parliament must have the knowledge required about themselves also have rights to pass judgement on the government ... too much under the Data Protection Act 1978. '~ secrecy inhibits people's capacity to judge the The Danish Act was also passed in US campaigner Ralph Nader shows journalists at a press conference two contrast- 1970, and it is probably the weakest of government's performance. ~ ing documents, one, Britain's Official SecretsAct, restricting the ability of citizens the Scandinavian laws

ACEwanls school secrecy protects polluters files available Friends of the Earth, the founder- that some studies, including some in about pollution discharges in their continually obstructs policy-making. 10 parenls organisation of the 1984 Freedom of the UK, have not been properly car- areas - but the necessary regulations The Atomic Energy Authority has Information Campaign coalition, is to ried out, while a few have actually been are now some nine years overdue and, intimidated and sacked employees The Advisory Centre for Education falsified. though they are planned for 1985, the who have uttered dissenting views on says that there can be "no justification publish a special report - the cam- for a system of record-keeping which paign's Secrets File No.2 - to dem- "The ACP, which publishes no industrx is still pressing for further matters like the safety of pressurised onstrate that secrecy is a fundamental annual report, says it has identified and delays. ' water reactors, despite a considerable denies to parents the right to see infor- obstacle to "anyone trying to find out FoE believes that the level of body of expert opinion in support of mation recorded on their children, and dealt with such problems, but refuses which gives parents no right to control whether their health is at risk from to give details, or to say how thor- secrecy which surrounds environmen- those views inside the authonty itself. "The Central Electricity Generating the access other groups and individ- environmental pollution". oughly a particular pesticide has been tal hazards is wholly unacceptable. uals have to that information". FoE says that the control of pesti- tested. Since it publishes no report, "This is illustrated by the fact that Board and British Nuclear Fuels ACE believes that it can "never be cides in the UK demonstrates environ- even its general policies are unclear." while the rights of workers to be told Limited have both dismissed employ- mental secrecy at its most extreme. FoE says that pollution authorities about risks in the workplace are now ees because of publicly-stated dissent- in the interests of parents or children for information about the children to "Manufacturers must test pesticides may sometimes relax the standards quite properly recognised by law, ing views about safety. The nuclear for safety before they can be sold and that apply to industries without telling people who live next door to factories industry radioactive waste executive be systematically withheld or to be denied any public access to its siting released, without their knowledge or the results are sent to the Advisory the local authority. Since 1977 local' have no rights to the same information. consent, to third parties." Committee on Pesticides (ACP). But councils have had the power to obtain Indeed, a trade union safety represen- policy for waste depositories. On the and publish information about air pol- question of sea dumping, a DoE report ACE says that Section 36 of the the results of the tests are never tative who passes information about a Education Act, 1944, places on par- published, despite American findings lution from factory chimneys. But danger on to people in the community had to be leaked before people became may actually be committing an of- aware that international regulations ents the primary duty of ensuring that most councils prefer to obtain their children of compulsory school age "re- information informally, and in confi- fence. Such secrecy prevents people would be broken by proposals to dump Peler Jay says: dence - so local people are unable to Ministry of Defence waste at sea." ceive education suited to their age, from discovering what risks they face ability and aptitude". ACE says this is find out whether standards are and deciding whether to press for bet- "Boundaries of impossible without access by parents enforced. ter protection. It also conceals what to school records. "A few water authorities publish may be real achievements in reducing confidenlialily 5 "Given access to records, parents information about industrial dis- hazards and inevitably leads to the Sheller' Neil can ensure that the information is charges into rivers - but only if the suspicion - perhaps quite unjustified need loosening" Mclnlosh says accurate and up-to-date. They can committees allow them to. A I?ollution - that pollution authorities and indus- inspector who releases this mforma- contribute additional information they try are hiding behind secrecy to con- 'DoE Ihe .051 feel it is necessary for teachers to tion without permission is committing ceal the fact that hazards are not being know. Without parental involvement, an offence for which he could face a properly controlled." secrelive' the records are unlikely to be either three-month jail sentence. The 1974 FoE's energy campaigners say that accurate or complete." Control of Pollution Act was meant to secrecy is such an established part of In 1980 a Private Members Bill on end this secrecy by requiring all water the nuclear industry's operations that authorities to publish information it is hardly remarked upon, although it school records was introduced into the House. It gave parents and students over 16 the right to see all records and reports kept about their children or themselves; to challenge, and, ifneces- sary, correct them; and to control who ••• anel CLEAR else, outside the school, should be allowed to see them. The Bill failed to get a second reading. Subsequent attempts to introduce amendments to supports the new legislation to give parents access to records have also failed. The closest defeat came in the House of Lords debate on the Education Bill 1981, relating to special education; an The boundaries of confidentiality FoE argument "need to be considerably loosened and amendment giving parents the right of liberalised", says Peter Jay, former UK Des Wilson, Chairman of Friends of correct facts about the costs of lead- "Ministers concerned with housing access to papers used inthe assessment Ambassador to the United States, and the Earth, is also Chairman of free petrol and the technical difficul- policy in the Department of the En- of their child was defeated by only 5 currently Chairman of the National CLEAR, the Campaign for Lead-free ties. Indeed, the Royal Commission on vironment, have done more in the last votes. Council for Voluntary Organisations, Air, and he has publicly argued that Environmental Pollution made five years to increase Government the major coordinator of and repre- excessive secrecy contributed to delays exactly the same points. Des Wilson secrecy than anyone else", the Direc- sentative for voluntary activity in in obtaining a decision in principle to says that "once more it is a question of tor of Shelter, Neil McIntosh said in Britain. introduce lead-free petrol to Britain. balance; on the one hand we accept welcoming the launch of the 1984 Palienls' Assn. Mr. Jay says that the NCVO is par- First, there was the expert advice of that commercial companies have to Campaign for Freedom of Informa- says refusal ticipating in the 1984 Campaign the Chief Medical Officer of Health, have an element of confidentiality if tion. because voluntary organisations can- Sir Henry Yellowlees, circulated to their rivals are not to achieve an unfair "There are a number of ways in causes da.age not help create and inform govern- Permanent Secretaries inWhitehall, to advantage. But there are many facts which Ministers seek to stifle debate. mental action to tackle needs without the effect that "hundreds of thousands essential to crucial policy and political Firstly, they regularly fail to publish The refusal to allow patients the right "the fullest information and debate". of children" were being affected by the decisions, such as the one on lead-free information gathered at public of access to their medical records can "Voluntary organisations also have use of lead in petrol. Ministers petrol, that could be made available expense. Secondly, substantial create distressing anxiety and can be an over-riding interest in speaking for announced their decision notto intro- without affecting the balance between resources are devoted to changing the "damaging to health", Dame Eliza- the weaker and vulnerable members of duce lead-free petrol to the House of companies and their rivals. At present method of presentation of regular data beth Ackroyd, of the Patients' Asso- society. In both these areas excessive Commons in May 1981 despite having companies use the defence of com- so that trends are very difficult to per- ciation, says in a letter of support to the secrecy about the facts, or the with- seen this advice, but Members of Parl- mercial confidentiality whenever it ceive. 1984 Campaign for Freedom of Infor- holding of data, can impede the pro- iament in the House, and the public, suits them in order to avoid incon- "The particular contribution of this mation. cess of debate, slow down decision- were unaware of it. When it was leaked venient action and this cannot be Government, however, has been to "Why shouldn't people see their making, and affect individual rights. some 18 months later it caused a public allowed to continue." prevent the collection of large medical records if they wish to? The "While there will be some instances uproar. Des Wilson comments that Des Wilson has also accused the amounts of standard figures and then Association has never received a con- when national security and the "while the 1984 Campaign is not seek- DoE of misusing scientific research for to refuse to discuss the implications of vincing answer to this question." requirements of privacy over-ride the ing publication of the political or propaganda purposes. "A case in Government policies on the grounds Dame Elizabeth also draws atten- interests of openness, we believe the strategic advice given by senior civil point was where the DoE received a that no data is available. This has not tion to the secrecy surrounding the boundaries need to be considerably servants to Minsters, we do believe number of studies that contained facts only in the words of one housing jour- data on drug trials used to support the loosened and Iiberalised." that expert advice, such as that of a helpful to both sides in the dispute. nalist "strangled the flow of informa- case for a licence to market a new Chief Medical Officer of Health, The DoE chose its own publication tion" to the public, but it has rendered product. The DHSS says that the pro- should be published. He should, after date, and issued them together with largely useless the work of the back- ceedings of the licensing authority all, be the nation's acknowledged press releases emphasising only those bench Select Committee on the En- need to be confidential for commercial NCCL's expert, and he is employed by the tax- facts that supported the DoE position. vironment. reasons, but Dame Elizabeth replies 'unequivocal' payer. It is unacceptable that Ministers Thus, scientific research, carried out at "The needs of the homeless minor- that "This explanation is used to justify can take decisions for political reasons the taxpayers' expense, was employed ity are being hidden from the majority refusal to reveal even the most basic backing that over-ride expert advice, and are as a propaganda weapon. Had there by Government secrecy. Freedom of facts about a clinical trial. We have to able to defend their positions because not been an expert pressure group information is essential if their true decide whose interests should come "Freer access to official information is the opposition and the public generally around to quickly react and offer the needs are to be assessed and met." first, the patients' or the manufactur- one of the citizen's most cherished civil have not had the benefit of that expert public the other side of the story, the As a result of its concern, SHEL- ers'. The public should know what the liberties and is unequivocally sup- advice." effect of this research would have been TER is to be a supporter of the 1984 clinical trials have shown, especially ported by the National Council for The CLEAR campaign also had completely distorted for political Campaign and Neil McIntosh is to be when subsequently a drug has pro- Civil Liberties", its newly-appointed exceptional difficulty in obtaining the ends." its Treasurer. duced damaging side effects." General Secretary, Larry Gostin, says in a letter of support to the 1984 Cam- paign for Freedom of Information. MINDalso seeks access 10 files "Secrecy is now entrenched in our society. The range and amount of TCPA Imet with silence' MIND says "secrecy is an unnecessary level the individuals' ability to partici- highly personal and sensitive informa- barrier to ordinary people sharing pate fully in determining their own tion kept secret from the person con- Welcoming the launch of the 1984 Unit often finds local government responsibility for their own health and care or effectively participate in plan- cerned is unprecedented. The ques- Campaign for Freedom of Informa- unwilling to provide Information welfare and to their participation in the ning the services to provide that care is tion we must ask in 1984 is 'Whose file tion, the director of the Town and concerning development proposals. planning and running of their ser- thwarted by secrecy. is it anyway?' The answer is that offi- Country Planning Association, The Association had experienced vices". "Individuals do not have a right of cial information must not be out of the David Hall, said "the TCP A believe great difficulty in obtaining informa- access to their own medical or, where tion from the CEGB relating to the Information is crucial to the giving control of the person whose life it inti- that people must be able to influence by the patient of an informed consent. appropriate, housing records. Drug Sizewell B PWR proposal. A request companies are not required to provide mately affects." the decisions that affect their en- "Nowhere is the gulf between the ideal Mr. Gostin says that "The NCCL vironment. Effective participation in for information on accidents to fuJI information with each of their PWRs in other countries met with the and reality greater than in the field of products. At an organisational level, warmly welcomes this fresh initiative the decision-making process can mental health, and no other area of response, "we have not the effort and will use all its efforts to help ensure only be achieved if people have health has such major implications for there is no right of public access to a freer, less secretive Britain in 1984" . access to all relevant information (sic) to provide this information". planning and policy documents in the the rights and liberties of the individual Larry Gostin took over his post on in the hands of central and local Numerous requests for information patient". field of health and social services, nor January 1, replacing Patricia Hewitt, government and other relevant about nuclear fuel cycle costs had are the results of enquiries into the who is herself a member of the Council bodies". been met with obscurantism or Lady Bingley, Chairperson of failure of statutory agencies to carry for the Campaign for Freedom of Mr. Hall said the TCP A Planning silence. MIND, said, in welcoming the launch out their duties publicly available as of Information. of the 1984 Campaign, that "at every right". Published by the 1984 Campaign for Freedom of Information, 2 Northdown Street, London N1 9BG. 01-278 9686 o e

HREE city councillors in local ratepayers. The ratepayers, how- where sub-committees do admit the Portsmouth recently dis- ever, were not told the extent of their public. covered that they could be financial commitment, so they tried to The choices people make are, ob- Trefused the information neces- inspect the accounts at the time of the viously, influenced by the information sary to represent their constituents. statutory annual audit of accounts. But available to them: and in education The city council had prepared a report once again they were thwarted - the parents have a legal right to choose on conditions in council dwellings accounts were technically the accounts schools for their children. Indeed the which revealed serious defects and a of Grosvenor Estates rather than the Education Act 1980 gives parents a need for substantial repairs. The coun- council and thus the ratepayers could right of appeal if the local authority cillors felt it their duty to read the not see them. cannot meet their first choice. Thus report in order that they could advise Council committees are legallyopen parents have a need for information their constituents and take action on to the public and press - until a resolu- about schools and a very relevant mat- their behalf. Indeed, one of the coun- tion to exclude them is passed, as men- ter willbe a school's pohcy on corporal cillors wasalso on the housing commit- tioned above. Clearly there will be punishment. Many parents may wish tee and thus needed to see the report to occasions when such a resolution is to avoid choosing schools that regu- be able to carry out his duties. Perhaps justified (e.g. to protect personal pri- because all three were members of the vacy, such as a discussion of a tenant's minority group on the council and rent arrears). In such a case the council would clearly be critical of the council has a legal discretion to go into confi- for permitting such conditions in its dential session. In Rochdale, however, own houses, they were told they could the Planning Committee does not use not see the report. .that discretion when dealing with Members of the public, and their applications for planning permission: voluntary organisations, are also they have a blanket policy of consider- denied access to information they need ing all planning applications (except in their own interests. In 1978 the those made by council members or GLC set up a working party on con- staff) after the exclusion of the press densation and mould growth on the and public. Council's Westbury Estate in South Who does this confidentiality pro- London. However, subsequent efforts tect? Certainly not those people who by both the tenants' association and make the applications for planning the local GLC councillor to discover permission, for all such applications the working party's findings met with are by law (Town and Country Plan- denials that the investigation had ever ning Act 1971, Section 34(3» avail- got off the ground. In 1982 the GLC able for public inspection. So in Roch- housing estates were transferred to the dale you can inspect the planning local Lambeth Borough Council and applications - but what you cannot do the transfer order contained a require- is know what your elected representa- ment that all relevant information be tive said about them on your behalf! handed over. Lambeth Council's offi- Furthermore, the chances of local cers who were also concerned about media coverage are reduced. condensation were also told that the An even stranger legal anomaly working party had never produced a exists in relation to minutes of council report. In fact, it had done and this committee meetings, for although by report was eventually handed over to law the public can attend the meetings the Lambeth District Housing Office. of committees, at least until the exclu- The reason for the secrecy was that the sion resolution, the High Court has report had contradicted GLC policy ruled that this right does not extend to that condensation and dampness was publication of the minutes of the meet- the result of misuse of the property by ings. tenants, rather than structural defects. Another unsatisfactory situation In 1982 the London Borough of concerns council officers' reports Bromley produced a draft town centre being discussed in public at council plan. A major part of it consisted of a meetings. Often councillors will refer highly controversial new relief road extensively to such reports, and read that would cut across an existing resi- out long sections of them. The public dential area. The Council's case was present III the public gallery, however, that it would relieve their traffic con- have no right to have copies of the gestion; the local residents believed reports. In such circumstances to actu- less drastic measures, such as traffic ally make sense of what is being dis- management schemes, would suffice. cussed is extremely difficult. Indeed a Luckily there was a statutory consulta- backbench MP who has since achieved tion period for the residents to put a prominent public position, once put their views and argue their case. Their this very succinctly, when she stated ability to do so depended, of course, that: "It is clear that when the public upon their access to reports and infor- as of right attend meetings of author- mation about traffic flow, traffic den- ities they may well not understand sity, peak hour use of existing roads, what is going on unless the.}'are sup- etc. All that information and all those plied With documents which make reports were locked in the Council's clear the subject matter under discus- filIng cabinets and repeated requests, sion." So said Mrs. Margaret both verbal and in writing, to Council Thatcher. members and officers met with a con- The public's legal rights as regards sistent refusal to let them see the infor- council sub-committees are non-exis- mation. tent. Such meetings can be held totally In Cambridge local people met a in private. However, a joint circular wall of secrecy regarding the council's issued by the Department of the En- proposed development, in conjunc- vironment and the Welsh Office on 16 tion with Grosvenor Estates, of an area April 1975 recommended "that meet- known as 'The Kite'. The scheme ings of sub-committees should be larly cane pupils. Others may actually ers. Housing files will contain details council was defeated during the Com- involved major demolition of a whole treated in the same way as other meet- prefer such schools. At Litherland about how tenants and applicants for mittee stage ofthe Bill. Again the rea- area and attracted widespread opposi- ings" and asserted that "if decisions School in Sefton the authorities were council housing look after their homes. son given was all too familiar: "hous- tion and interest. Such was the interest affecting the public are to be taken, the not at all keen to disclose the amount Individuals have no right to see these ing officers will be reluctant to com- that the residents attended the meet- public ou~ht to know what is decided of caning that took place. One teacher files kept on themselves or their child- ment; open files will make housing ings of the council committee respon- and why.' (DoE circular 45/75 para- felt this to be wrong and released the ren. Yet, the files may be wrong, inac- management impossible". If that is sible for the scheme. Or rather they graph 12). details: 2,000 canings on 400 boys in curate or even judgemental or mali- true, one can only wonder how hous- tried to attend! In fact for almost 18 Electors of Norwich, too, can attend four terms. A row ensued and other cious. A 'poor homekeeper' label on a ing management still exists in months the residents would arrive for council sub-committee meetings, but a confidential matters came to the fore housing applicant can affect the kind Lambeth, Haringey and Chester the meeting and find that the first item few miles away in Great Yarmouth the - including a report by the council's of accommodation offered. The appli- where people do have access to their on the agenda was a resolution to public are not so fortunate. Similarly in own officers very critical of the school. cant, however, has no opportunity to own files. exclude the press and public. Finally Brighton the public can attend sub- All of these facts were manifestly mat- comment on mistakes or malicious Some local authorities can at least an agreement was signed with Gros- committee meetings, but in nearby ters that parents needed to know when remarks. In a recent wardship case claim to be consistent; they keep all venor Estates but kept secret. Indeed Hastings they cannot. Residents in making their choices, but a teacher had involving a child, a social worker files and registers confidential. This even the leader of the oRPosition Liverpool are allowed into sub-com- to lose his job before they could. reported that the child's. mother "told accolade goes to Ashford (Kent), Sef- group in the council had difficulty in mittee meetings, but if they move In addition to all this local authori- me that she wanted to go to a com- ton, Bath, Northampton and Solihull, seeing a copy, and was only allowed to across the road to Bootie (which ispart ties keep files on many people. Social mune to get some carnal knowledge". who told us that the register of council- do so with his legal advisor after he had of Sefton) then they will find them- Service files, education files and hous- So, therefore, said the file! It subse- lors' interests was not publicly avail- agreed not to discuss the terms of the selves excluded. ing files. These files will contain coun- quently transpired that what the able. agreement with his constituents or any The usual arguments in favour of cil officers' comments, assessments, mother actually said was that she And so the story goes on: files, regis- otherresidents of Cambridge! Eventu- this total exclusion of the public are judgements, which will greatly affect "wanted to go to the commune to gain ters, reports, information. All paid for ally it transpired that Grosvenor that it is necessary to enable local gov- the person concerned. A school file calm and knowledge". by the electorate and collected in its Estates were to acquire land and prop- ernment to function and that some will accompany a child from school to The 1980 Housing Act gave hous- name, but locked away from it in town erty, but there was a 'buy back' clause executive decisions have to be taken in school. Social service files will contain ing applicants a limited right to see hall cupboards and desks. It istime for under which the Council could be Rrivate by small sub-committees. If sensitive information about parents' details of the recorded council particu- change. In this four-page report we required to purchase properties from this argument is valid, one cannot help dealin~s with their children and per- lars of information supplied by the advise on your rights and outline plans Grosvenor in certain circumstances. wondering why local government has sonallife, and on the basis of these files applicant. An attempt by Allan for a campaign to increase them. This clearly involved a financial com- not ground to a halt in Colchester, the council officers will form opinions Roberts MP to give people wider right mitment by the council and thus the Sunderland, Exeter, Carlisle, etc., about how to use their statutory pow- to see the full files kept on them by the Ron Bailey While the main objective of both the 1984 Campaign for Freedom of their local authorities. Information and the Community Rights Project is to achieve freedom of On these pages we explain some of the rights provided by law on information legislation and reform, it is also their objective to publicise access to information and meetings at your local town hall and make sug- existing rights of access to information. gestions as to how you can best use the existing laws to obtain maximum There are many ways whereby the citizen can become better informed mformation. We also draw attention to some anomalies or peculiarities and obtain considerable quantities of information about the affairs of in the existing legal circumstances that it is our aim to change.

(4) (b»). And when the Council local authority". As with Council are considering an auditor's minutes (described in paragraph report the agenda "shall be A above) Section 228 (6). says accompanied by that report and this right can be exercised 'at all Your right to know that report shall not be excluded" reasonable hours" and the same from documents supplied to penalties are provided for in cases newspapers (1972 Act Section of obstruction or refusal by "a 160 (2». Tbe authority may person having the custody" of an charge postage or other costs for order for payment (Section 228 what is happening transmission of the documents. (7». This implies therefore that they must be supplied prior to the (ii) At the time of the audit of the meeting taking place. Council's accounts Although this statutory right (a) Wider rights of access to only extends to the press, local financial documents are given at in local government authorities have been advised the time ofthe audit ofthe Coun- that "the Minister suggests that it cil's accounts (i.e. the time when is desirable to hand them to other the books are checked by outside 1. LOCAL AUTHORITY dictionary definition of a sub meeting or, if the meeting is con- members of the public who accountants). Under Section 159 committee as "an under commit- vened at shorter notice, then at attend a meeting in person so that (1) of the 1972 Act "at each MEETINGS tee, a division of a committee" the time it is convened." (1960 they may follow the proceed- audit ... any persons interested A. Your basic rights and concludes "we do not think Act Section 1 (4) (a)). This, of ings". (Ministry of Housing & may inspect the accounts to be (i) Section 1 (1) of the 1960 Act that something becomes another course, applies to all meetings to Local Government circular 21/ audited and all books, deeds, made it the law that all meetings thing by giving it a different title." which the public have a right of 61, appendix 1 para 7 and more contracts, bills, vouchers and of local authorities (that is meet- (b) What is a committee and access - i.e. Council and Com- recently D. ofE. circular 45/75). receipts relating thereto and ings of the council) "shall be open sub committee anyway? This is mittee meetings. make copies of all or any part of to the public". not a meaningless academic (iii) In addition Schedule 12 para- 2. LOCAL AUTHORITY the accounts and those other doc- (ii) In addition Section 100 (1) of the question because some Councils graph 4(2) of the 1972 Act uments". Thus, clearly the doc- 1972 Act extends the 1960 Act to have sub committees reporting to requires that in the case of full DOCUMENTS uments available are far wider apply to local authority commit- full council. Are they really sub Council meetings which are A. Minutes than simply orders for payment, tee meetings. committees or in fact committees called by members of the Council Section 228 (1) of the 1972 Act and the rights of inspection are (iii) There are also rights of attend- purporting to be (i.e. masquerad- (i.e. not the regular Council gives any local government elec- given to "any person interested", ance at joint Committees ing as) sub committees? The meetings but only those called by tor for an area the right to inspect not simply local government appointed by two or more local answer is important not just groups of members under their the minutes of Council meetings electors. The term 'any person authorities. because of the public's right of "and any such local government interested' cannot be exclusively attendance but also because of elector may make a copy of or defined, but it would, it is sug- B. Limitations of your rights and other incidental rights (see Sec- extract from the minutes". Under gested, certainly include ratepay- Limits to the Limitations tion C below). Also some Coun- Background Section 228 (6) the minutes ers who for one reason or another (i) A Councilor Council Committee cils use terms like 'panel' or On these pages various Acts of "shall" be open to inspection "at may not be electors, persons who may, however, quite legally "ex- 'board' rather than committee Parliament are referred to exten- all reasonable hours", and under had had financial dealings with clude the public from a meeting and sub committee. So what is sively. These are:- s228 (7) if a person having cus- the Council, residents who were (whether during the whole or part their legal status and thus the The Public Bodies (Admissions tody of the minutes "obstructs neither ratepayers nor electors of the proceedings) whenever public's rights? The answer lies in to meetings) A ct 1960. This will be any person" entitled to inspect or and possibly even Council offi- publicity would be prejudicial to section 102 ofthe 1972 Act. Sec- referred to as "The 1960 Act". make a copy of the document or cers. the public interest by reason of tions 102 (1) (a) and (b) givelocal The Local Government Act "refuses to give copies or (b) In a recent test case it was the confidential nature of the authorities the right to appoint 1972. This will be called "The extracts" to any person entitled to ruled on appeal at the Crown business to be transacted or for committees and joint commit- 1972 Act". them, then s/he "shall be liable Court that Section 159 (1) other s{>ecialreasons stated in the tees, whereas 102 (1) (c) says that The Town and Country Planning on summary conviction" (i.e. in a included an accepted building resolution and arising from the "any such committee may Act 1971.This will be called "The Magistrate's court) to a fine of up tender as part ofthe contract; the nature of that business or of the appoint one or more sub commit- 1971 Act". to £20. In other words it isa crimi- building contract plans, drawings proceedings" (1960 Act Section tees." And Section 102 (2) says The references after various nal offence for a Council officer and blue prints, building contract 1(2)). And by Section 1 (3) ofthe that a Council decides the num- legal cases are abbreviations for not to give an elector his/her specifications, as well as the con- 1%0 Act it ISspecificaIly stated ber of members of a Committee, details of the official law reports rights. It is also worth noting that tracts themselves and deeds etc. that "the need to receive or con- their term of office and the area where attachments can be found. the minutes that must be available (See London Borough of Hill- sider recommendations or advice within which they can act, and Your local reference for public inspection are the mgdon v Paulssen - reported in from sources other than mem- then, this sub-section goes on, "in library will probably have copies "minutes of the proceedings" - Journal of Planning Law page bers" (e.g. Council officers) is a the case of a sub committee (these of Halsbury's Laws of , or i.e. the whole meeting, not just 518, 1977). In the same case it "special reason" for excluding things are decided) by the Halsbury's Statutes. At the the public part of the meeting. was also decided that building press and public. However such a appointing committee ... " So beginning of these books there are And note also that where the per- contracts must be available for decision to exclude thepublic and. whatever a body is called look lists of legal abbreviations and son having custody of the minute inspection even if there were pro- press must be "by resolution" and see when, how and by which what they stand for. Alternatively, book goes away, it has been visions in them which required (1960 Act Section 1 (2» which body it wasset up and which body contact the Community Rights stated in the High Court that s/he them to be kept confidential. means that the Mayor or Chair- decided the various things relat- Project if you require copies of the should leave somebody else with (c) The time for inspection as person of the meeting cannot just ing to it mentioned above. The law reports, or details of the cases the relevant authority to produce laid down in paragraph 8 of Stat- ask the public to leave because of answer to these questions will referred to on these pages. the minute book. This was stated utory Instrument 1974 No. 1169 some prior decision taken behind then show whether in law the by Mr. Justice Riley in the case of - Accounts & Audit Regulations the scenes. Also, even if the body is a Committee or sub com- R v Andover Rural District 1974 (subsequently referred to as public and press are to be mittee, whatever it is called in special powers so to do) the Council 77 JP 296). So don't let 'the 1974 Regulations') is 7 clear excluded from the whole of the practice. For instance a while ago public notice "shall specify the them get away with telling you days before such date as the aud- meeting (an unusual but not a so-called sub-committee of business proposed to be trans- that the relevant officer is on holi- itor officially opens the audit. unknown practice), once again Southwark London Borough acted". day, etc.! And paragraph 9 of these regula- this must not be pre-empted and Council was ruled to be an actual (iv) Further, in {>aragraph 4(5) of (ii) (a) Generally speaking this right tions requires the Council to the resolution must be passed at committee, by the High Court, Schedule 12 It is stated that the . of access to minutes does not advertise the 7 day period for at the beginning of the meeting. In because it had been set up by the summons sent to Councillors to apply to Council committees and least 14 days before it com- other words the press and public full council. (London Borough of attend the meeting must specify it certainly does not apply to sub mences. must be allowed in - if only to Southwark v Peters (1972) LGR the business to be transacted and committees. (d) Any local government elec- witness the resolution being 41). "no business shall be transacted (b) However in the case of tor has a right to inspect the audi- passed. (c) Furthermore in D.O.E. at a meeting" unless it is specified. Committees that have only rec- tor's report (1972 Act Section (ii) Section 1 (8) of the 1980 Act Circular' 45175 (Welsh Office The only two exceptions to this ommendatory powers and whose 228 (4) and the Council is enacts that the public's right of Circular 77175) local authorities both relate to the annual meeting decisions need to be approved by required to advertise the audi- access to meetings "shall be with- are strongly urged by the Secre- of the Council and concern (a) full Council before any action can tor's report (1974 Regulations out prejudice to any power of taries of State to permit the public business required by statute to be be taken, the High Court has paragraph 14). Further, the audi- exclusion to suppress or prevent to attend sub-committee meet- conducted at that meeting and (b) ruled that as "one could not tor's report must be sent to the disorderly conduct or other mis- ings. (paragraph,12). business brought before tne understand the approval without press (see paragraph 2.C (v) behaviour at a meeting." annual meeting as a matter of seeing the recommendations", in above). In addition after the con- (iii) The legal right to attend meetings C. Other Rights/Duties urgency. Otherwise the rule is order to understand the Council clusion of the audit the Local Where a meeting of a Councilor Com- absolute, and business conducted minutes, then the minutes of such Authority must prepare an does not extend to sub commit- abstract (i.e. summary and expla- tees. Such meetings can be held mittee (or other body) is required to be which is not included in the sum- a Committee are open to public totally in private. However this open to the public as detailed above, mons to Councillors is void (see inspection (Williams v Manches- nation) of their accounts (1974 raises three points: certain other legal requirements fol- Longfield Parish Council v ter Corporation (1897) 45 WR Regulations paragraph 15 (1) and this abstract is also available (a) Can a sub committee con- low:- Wright(1918) 16 LGR 865). An 412). sist of all the members of a parent (i) "Notice of the time and place of item "any other business" should for inspection (1972 Act Section committee? Or put another way the meeting shall be given by thus never appear on Council B. Financial Documents 228 (4») and its existence and the can the parent committee simply, posting it at the offices of the agendas. (i) General public rights of inspection must by forming itself into a sub com- body (or if the body has no (v) The press (but not the general There is a general right under be advertised 'forthwith' 1974 mittee thereby exclude the press offices, then in some central and public) have a statutory right to Section 228 (2) of the 1972 Act Regulation paragraph 15(10). and public? An editorial in Local conspicuous place in the area be supplied with "the agenda ... for local government electors {e)It isan offence for a Council Government Chronicle argues with which it is concerned)" (and) further statements or par- "for the area of the local author- officer to fail to permit inspection not, saying "how can a whole ever (1960 Act Section 1 (4) (a»). ticulars, if any, as are necessary to ity" to "inspect and make a copy of or copies of documents to be a lesser part of itself," (January (ii) This notice must be posted "three indicate the nature of the items of or extract from an order for which the public have been given 3rd 1975), and continues with the clear days at least before the included". (1960 Act Section 1 payment of money made by the access at time of audit under Sec- appointed by the council (the recorded as being relevant. This inspection. In addition each authority must prepare a map of tion 159(1) of the 1972 Act (see eligible buildings and make this the 1974 Regulations paragraph Chief Executive or Council Sol- isclearly a very limited right and borough's register must contain 18) and a fine of £20 is provided icitor usually) to receive such it does not apply to other partic- details of the Greater London map available for public inspec- for-(1972 Act Section 166(2». documents. Documents may be ulars that the Council may have Development Plan so far as it tion. (f) As with other documents required to be deposited with recorded. So regrettably there is relates to the area of the (b) Under the Control of Pol- lutlOn Act 1974, all county available to the public an agent the proper officer either by an no right for applicants to know borough. has the right of inspection of audit Act of Parliament or a Statutory what is on their files. (c) Under Section 34 (1) of councils (in England) and dis- Instrument (that is a law made (d) Local authorities, under the town and Country 'Pfan- trict councils (in Wales) must documents on behalf of a person issue licences tor waste dispo- interested (see R v Bedwellty by the relevant Secretary of SectIOn 22 Housing Act 1961, ning Act 1971 "every local State using powers given to have made schemes for the authority shall keep ... a register sal, and they must also maintain UDC ex parte Price, 1934 1 KB a register of such licences and 333, 31 LGR 430). him/her by Parliament) or by a registration of houses in multi- ... with respect to applications resolution of the Houses of occupation, and Section 22 (8) for planning permiSSIOnmade keep it available for public to that authority, including inspection at all reasonable (iii) Information to be published Commons and Lords (Section requires that such a register 225 1972 Act). Under Section must be open to public inspec- information as to the manner in hours at their main office, and with Rate Demands permit members of the public to (a) A Code of Practice with 228 (5) of the 1972 Act a per- tion free of charge at all reason- which such applications have son interested (not just a local able hours at the council's been dealt With" (in other make a copy at a reasonable fee. legaf backing relating to rate (1974 Act Section 6(4». demands has been issued by the government elector) may offices. Additionally any fer- words, whether the application Secretary of State for the Envir- inspect and make copies of all son must be given a copy 0 the has been approved, rejected, (c) Under Section 79 of the onment under Section 2 of the documents deposited with the register at a maximum charge of deferred, approved with Control of Pollution Act 1974 Local Government Planning and council's proper officer (at a 5p. amendments or conditions or local authorities may collect Land Act 1980. It is contained in cost of lOp per document plus (e) Under the Social Security whatever). And under Section information regarding air pol- D.O.E. Circular 14/80 (Welsh lOp per hour or part hour after and Housing Benefit Act 1982, 34(3) "every register kept lution and under Section 82 (3) Officer circular 34/80) entitled the first hour). Obstruction or local authorities have been unClerthis section shall be avail- (d) of that Act they must keep "Publication of Rate Demands denial of this right is an offence required to make schemes for able for inspection by the public registers of such information. and Supportin~ Information by under Section 228 (7) punish- rate and rent rebates to be avail- at all reasonable hours". These registers must, according Local Authorities" and the actual able by a fine of up to £20. able. Under Section 31 ~1) (b) (d) Under Section 92A ofthe to Section 82 (5) be available code is entitled "Explaining the of that Act they must 'make Town and Country Planning for public inspection at the Local Authority Rate Bill". (iii) Byelaws copies of the scheme available Act 1971 (that is a new section council's main offices free of Much of the information that this These are local laws made by for public inspection at their to that Act added by the Local charge at all reasonable hours. requires local authorities to the council itself. All byelaws principal office at all reasonable Government and Planning The public may obtain copies of include in the Rate Demand Note must be deposited at the offices hours without payment", and (Amendment) Act 1981) every the register on payment of a is included in the General Rate of the local authority that made under subsection l(c) where planning authority must keep a reasonable fee. However an Act 1967 and is purely proced- them "and shall at all reason- the scheme is a local scheme register of all enforcement unholy alliance between some ural, requiring local authorities to able hours be open to public (that is one that they have notices and stop notices (these local authorities and some pri- state the rateable value of the inspection without payment" agreed to operate rather than are notices made against people vate firms has meant that coun- premises, the rate in the pound and any person may purchase a the statutory one laid down by who carry out development cils often agree to collect the being levied and details of rebates copy of any byelaws for a maxi- the Act) they must give "a copy without planning permission), information 'informally' rather and payments by instalments etc. mum of 20p (1972 Act Section to any person on payment of and this register "shall be avail- than under Section 79 - and However Part III of the Code of 236 (8». such reasonable sum as the able for inspection by the public thus there is no duty to keep it Practice states that certain sup- authority may determine". at all reasonable hours". on a register for public inspec- porting information should be (f) Under Section 63 of the tion. (iv) Housing Matters (d) Smoke control orders are published including: amounts (a) Section 41(1) of the Rent Act 1977 local authorities (vi) Tree Preservation spent on each service being pro- must appoint a Rent Officer to Under the Town and Coun- land charges and so can be seen Housing Act 1980 gives local on local land charge registers as vided; total income of the Coun- authorines a duty to publish register all fair rents in their try Plannin~ Act 1971, Section cil, broken down to show broadly area, and under Section 66 (1) 61 (a) (8) that is an additional explained in (viii) above. information about their council sectIOnad ed to that Act by the how much comes from Govern- tenancies, detailing the terms of this register must be available (x) Local Authori~ Direct ment grants, payments by users of for inspection by the public and Town and Country Planning Labour Operations these tenancies; the tenants' (Amenities) Act 1972), local services (e.g. tenants) and from right to buy the dwelling and a copy made available on pay- Part IIIof the Local Govern- different classes of ratepayers ment of a reasonable charge. authorities are required to ment Planning & Land Act also his/her right to a mortgage make available for public (domestic, industrial, commer- from the local authority, the 1980 relates to Direct Labour cial); a comparison with the pre- (v) Planning Matters inspection free of charge "at a operations by local authorities, repairing obligations of the convenient place" their register vious years rate including local authority under Part IIof (a) Regulations 36-39 of the and Section 18 of the Act gives changes arising from inflation, the Housing Act 1980; and the Town and Country Planning of tree preservation orders. local authorities duties to Government grant changes, repairing obligations under (Structure and Local Plans) publish information. Section alteration in the provision of ser- Sections 32 and 33 ofthe Hous- Regulations 1982 (S.1. 19821 (vii) Listed Buildings 18(1) requires the authority to vices and in quality of service or ing Act 1961. Section 41 (2) 555) make certain documents Under the Town and Coun- publish an annual report "on changes in income from charges requires that this information is prepared by local authorities try Planning Act 1971 Section the construction and mainten- levied for services provided; the kept up to date "so far as is rea- outside London in connection 54, local authorities are ance" work undertaken by amount that would be raised by a sonably practicable". with structure and local plans required to make the register of them and Section 18(2) 'penny rate' (i.e. a charge of one (b) Section 43 of the Housing available for public inspection: listed buildings in their area requires that this should be penny in the I?ound for every Act 1980 gives local authorities • draft plans and supporting available for public inspection. published "not later than 30th rated property m the Borough); a duty to make arrangements to documents must be available In addition the Secretary of September" in the financial an explanation of major policy for inspection at all reasonable State for the Environment, year following the year to which consult with its (secure) tenants (who compiles the list - or objectives; planned capital on matters of housing manage- hours (regulation 36) it relates (i.e. financial years run expenditure; maximum and min- ment, and Section 43 (3) states from 1stApril to 31st March: so imum levels of manpower for the that the authority "shall publish the report for each such year previous year and a comparison details of the arrangements This material is extracted from a useful booklet published by the must be published by the fol- of rate increases or gross income which it makes". A copy ofthe Community Rights Project. The full booklet can be obtamed, lowing 30th September). Sec- and expenditure levels with infla- published arrangements must price £1.00, from the Community Rights Project, 157 Waterloo tion 18(3) allows "any person" tion over the previous 5 years. be made available "for inspec- Road, London SE1 8UU (Tel: 01-928 0080). The booklet is to "inspect a report of the local (b) These requirements in the tion ... by members of the authOrity - under this section", Code of Practice are in addition public" (Section 43 (3) (a» at written by Ron Bailey, to whom the 1984 Campaign is grateful and also enacts that any person to the statutory requirements of the local authority's prinCipal both for the opportunity to draw upon it, and for his help "shall be supplied with a copy of Section 5, General Rate Act office at all reasonable hours generally. the report" on payment of a rea- 1967. The most useful provisions and "any member of the public sonable charge. Further, Sec- of this section are that 'informa- who asks" must be supplied tion 18(4) gives the council a tion with resfect to the following with a copy of the arrangements .local plans and structure rather his civil servants do) duty to 'publish in at least one matters shal be included' in the "on payment of a reasonable plans themselves must also be must also keep copies available newsp'aper circulating in the local authority rate demand: the fee". (Section 43 (3) (b). available for public inspection for public inspection. area' the place where the report amount in each pound to be paid (c) Section 44 of the Housing at all reasonable hours at the may be inspected, the fact that that will go to the rating authority Act 1980 giveslocal authorities main office of the council that (viii) Land Charges people can obtain a copy and (i.e. local borough or district a duty to publish "a summary of prepared them (that is the dis- The Land Charges Act 1972 the charge per copy. gave local authorities a duty to Council) and the amount in each its rules" governing allocation trict or borough for local plans (xi) Vacant or Unused Land pound to be paid that will go to priority, exchanges and trans- and the county for structure establish a register of local land charges on all land/ property in Part X of the Local Govern- other authorities that are also fers (Section 44 (1»). There is plans) (regulation 37) ment Planning and Land Act funded out of the rates (e.g. their area. This register must be also, under Section 44 (2) (a) a • counties and district borough 1980 relates to unused or County Councils, MetropolItan duty to keep a set of the actual councils must also compile a available for public inspection. The register will show such underused land held by public Police) (Section 5 (1) (e»; the rules governing allocation pri- register of all structure and local bodies. Under Section 95 the amount in each pound' to be paid things as whether the building is ority, exchanges and transfers plans in force in their areas and Secretary of State may compile that will go to the principal ser- (i.e. not just the summary this must be available for public in a conservation area, a smoke vices provided by the rating control zone, whether the road a register of such land for any referred to above) and a set of inspection free of charge at all public body and in any area that authority and by other authorities rules governing procedure on reasonable hours (regulation is adopted by the local council, any footpath rights, tree preser- s/he decides. Where the Secre- funded out ofthe rates (S (1) (g». application. Section 44 (2) (b) 39). tary of State compiles such a requires the Council to make (b) In London similar rules vation orders on the land, or whether a building is listed, etc. register s/he "shall send" it to C. Other Documents these rules (i.e. not just the sum- apply, laid down by the Town the local council (Section 96) (i) A large number of Acts of Par- mary) available for inspection and Country Planning (Local However, it will not show the owner of the building. Inquiries plus any amendments "as he liament give councils duties to by "members of the public" at Plans for Greater London) may from time to time consider (a) have documents on all reasonable hours at its prin- Regulations 1974 (S.1. 19741 can only be made about individ- ual properties and not groups or appropriate" (Section 96 (1) deposit at their offices and/ or cipal office. And Section 44 (5) 1481). The relevant regulations ~b», and under Section 96(3) (b) allow public inspection of gives the local authority a duty are numbers 25-28: whole areas. , a copy of a register sent to a those documents and/ or to provide "any member ofthe • regulation 25 makes draft Noise, pollution and waste Council- shallbe available at (c) permit the public to make public" who asks both with a plans and supporting docu- (ix) the Council's principal office copies of these documents copy of the summary (free of ments available (a) On certain buildings near to highways built after 10 for inspection by any member either with or without charge charge), and with a copy ofthe • regulation 26 makes all of the public at all reasonable and/or rules "on payment of a reason- adopted local plans available October 1972, or where an additional carriageway to an hours", and "any member of the (d) publish certain informa- able fee". Applicants for local both at the offices of the Lon- public" must on request be sup- tion. authority housing accommoda- don borough council itself and existing road has been con- structed after that date, the plied with "any information" in tion are given a specific right at the GLC offices at County the register "on payment of (ii) Sections 225 and 228 (5) under Section 44 (6) to be given Hall highway authority has a duty to carry out insulation work or such reasonable charge ... asthe Local Government Act 1972 "at all reasonable times and • regulation 27 giveseach Lon- Council may determine" (Sec- Some Acts refer to docu- without charge" details of the don borough the duty to com- make a grant for such work. Under the Noise Insulation tion 96 (4». Most areas now ments to be dep,osited with the particulars that they have given pile a register of local plans with have these registers. "proper officer' of the council. to the Council in their applica- brief particulars of them, and Regulations 1975 (Statutory This person is simply the person tion and which the Council has this must be available for public Instrument 1975/1763) the continued over page SECRETS FILE N~I The Draft Bill Proposed Local Government (Access to Information) Act '84 Part One Admissions to Meetings 1. The Public Bodies (Admissions to This gives the public the right to Community Righls Proiecl Meetings) Act 1960 shall apply to attend local authority sub-committee meetings of local authority sub- meetings. The right of the sub-com- committees as well as to meetings mittee to pass a resolution excluding of local authority committees and the public and press is retained. meetings of the local authority 10 'open 'own Halls' itself.

The Community Rights Project was planned sep- • councils a duty to publish a summary of electors' Part Two arately from the 1984 Campaign for Freedom of rights. Information and its emergence at the same time is a Access to Information The bill was launched at a press conference in coincidence. However, the Community Rights Pro- 2. The minutes of the proceedings ofa This gets rid of the existing anomaly ject immediately offered to be a supporting organis- December by Ron Bailey in partnership with Con- local authority committee and a in the law whereby the public can ation of the 1984 Campaign, and in turn the 1984 servative MP, Robin Squire, Labour MP, Allan local authority sub-committee shall attend Committee meetings of a local Campaign suggested that detailed activity in sup- Roberts, and Liberal MP Simon Hughes. be open to the inspection of any authority, but cannot go along later It is hoped that an opportunity may arise to either local government elector for the and inspect the minutes of those port of greater access to information held by local area of the authority at all reason- meetings. It also makes sub-commit- authorities should be carried out by the Community introduce the Bill as a Private Members Bill or via able hours and any such local gov- tee minutes open to the public as Rights Project. the House of Lords. ernment elector may make a copy those meetings would be so open The project's first initiative is the publication of a In addition, the Community Rights Project hopes of these minutes. pursuant to Section 1. draft Bill to give: to encourage local authorities to introduce private • public access to local authority sub-committees; 3. (1) Copies of any reports being This gives the public the right of Bills. All local authorities have power to promote (Jiscussed at local authority meet- • public rights to see council officers' reports and such Bills under Section 253 Local Government access to reports being discussed dur- research; ings, local authority committee ing the non-confidential part of the Act 1972. The Greater London Council, a likely meetings, or local authority sub- agenda of meetings open to the • public rights to see local authority committee initiator of such a Bill, has a special power under the committee meetings, and which are public. and sub-committee minutes; London Government Act to amend the functions of considered during any part of such • councillors' rights to see documents to enable local London Boroughs in such a Bill. This calls in meetings to which the public are them to do their duty; the first case for consultation with local boroughs. admitted shall be made available to the public present. (2) Any such reports covered by local authority at all reasonable sub-section (1) above shall be open hours and any such local govern- Inconsistency in council practices to the inspectIOn of any local gov- ment electors may make a copy of ernment elector for the area of the any such reports. The law says nothing either way about the admission of the body taking the decisions is irrelevant. public and press to meetings of sub-committees. The In the light of the above advice from the DoE and the Secretaries of State recommend that meetings of sub- Welsh Office, the Community Rights Project asked a 4. (1) Any member of a local author- This clarifies the right of Councillors committees should be treated in the same way as other number of local authorities in November last what their ityor a local authority committee or to local authority documents, subject meetings,particu{arlywheretheyhavedelegatedpowers.lf practices were on public access to sub-committees. The sub-committee may inspect and to certain confidentiality provisions. decisions affecting the public are to be taken, the public. inconsistency is demonstrated by this table: make a copy of any interim reports, ought to know what is decided and why; the status of the memoranda, letters or other docu- ments relating to any matter on the Public A ccess to Public A ccess to Public Access to agenda of the local authority or the Authority Sub-committees Authority Sub-committees Authority Sub-committees local authority committee or sub- committee, as the case may be. Birmingham No Wigan No Cornwall Yes (2) Any such document covered (1) Tamworth Yes Burtt No West Midlands No by sub-section above concern- Nth Warwickshire Some Tra ord UsualIy No Lincolnshire Yes ing any item discussed in any part of Solihull No Stockport No (except Youth Gwent Not in general the agenda of the local authority or No Sub-committee) Derby Yes local authority committee or sub- Dudley No Rochdale Some Exeter Yes committee from which the public Walsall Most closed. Oldham No (except Norwich Yes have been excluded, shall be sub- Cannock No Housing Sub- Brighton Yes ject to the same confidentiality as Bolton Some (not Land committee) Sunderland Yes that part of the agenda. any local authority reports, mem- or Policy) Tameside Yes Hastings No (3) Without prejudice to sub-sec- oranda, letters or other documents Grtr No Bristol Some East No tions (1) and (2) above any mem- which the member may require in Salford No Kingswood Yes - 'unless Gillingham No ber of a local authority may inspect the course of his duties as a member Chorley No confidential' Reading Yes and make a copy of or extract from of the authority. St. Helens Some Bath No Northampton Yes ------....,..------115. Any local government elector for This Section and Section 6 give the the area of a local authority may public a right of access to internal inspect and make a copy of any reports, memoranda, etc., regarding interim report, memoranda, letters matters that are on the public part of Access 10 'own Halls...from centre pages or other documents relating to any the agenda of local authority meet- item that appears on the public part ings, committee meetings and sub- (xii) Local Authority Staffing with the previous year, details must be available for public Levels ofthe agenda of any local authority, committee meetings. However, the of how people can follow up inspection at all reasonable committee or sub-committee I authority or relevant committee or A Code of Practice has been matters arising from the Annual hours at all county, district and meeting unless the local authority sub-committee can pass a resolution issued under Section 2 of the Report; a basic profile of the London Borough Council or the relevant committee or sub- in cases of confidentiality being Local Government Planning authority including population offices. and Land Act 1980 requiring committee has ordered that any required restricting this right of the and environmental statistics; (c) Private highways can be such interim report, memoranda, public. local councils to publish details comparison of the Council's 'dedIcated' to a local council letters or other documents shaIl not relating to their staffing levels. budget with other authorities; and, if accepted, they too can be available for public inspection. statistical and financial trends become maintainable at public (xiii) Annual Reports over the previous five years and expense. In such a case the Another Code of Practice planned future direction of council must certify this (1980 6. Any such order as referred to in issued under Section 2 of the major policies; details of meth- Act Section 37(3)) and all such Section 5 above shall only be made Local Government Planning ods used by the council to certificates must be deposited on the grounds that public access to and Land Act 1980 has been review its policies; and an with the 'proper officer of the the documents referred to in that issued in D.O.E. Circular 3/81 explanation of local authority council (see subsection (ii) Section would be an invasion of (Welsh Office Circular 5/81) terminology, accounting prac- above for an explanation of this personal privacy or detrimental to entitled "Publication of Annua1 tices and other information for term) and be available for the public interest, but not because Reports and Financial State- nonspecialists. inspection at all reasonable such public access would be polit- ments by Local Authorities". hours (Section 37(S»). ically or administratively embar- The actual code is called" Local (d) Highways (ana this term rassing to the local authority or any Authority Annual Reports". (xiv) Local Government member or officer of the local Commissioner (Ombudsman) includes roads, rootpaths and This code states that Annual bridleways) can be "stopped authority. Reports should be prepared "as Reports Under Section 30 of the up" or diverted or "extin- soon as possible after the guished" (that is, no longer annual accounts for the finan- Local Government Act 1974 7. It shall be the duty of a local author- This requires a local authority to reports of investigations made usable by the public as high- ity to publish a list of the names and publish the names and addresses of cial year have been closed" ways) after certain procedures (D.O.E. Circular 3/81 para- by the Local Government addresses of all members of the Councillors (they are already Commissioner (Ombudsman) have been complied with. Only authority and all members of any published in the Municipal Year graph 8), and the Report should the Secretary of State can stop mclude details of revenue must be made available for committee or sub-committee of the Book for those who know the system) inspection. up a road, and where he does so authority and any local govern- and enables electors to have a copy of expenditure for all items, both he must make the stopping up for the year in question and the ment elector for the area of the this list. order available for inspection local authority may at all reason- previous year (revenue income (xv) Highways, Byeways, (Town and Country Planning means that money raised by the able hours inspect and make a copy Footpaths etc. Act 1971 (Section 21S(7». A of any such list. Council itself and not obtained (a) Under Section IS(4) of local authority can stop up a from central Government or the Highways Act 1980 (this footpath or bridleway and must other bodies; revenue expendi- will be referred to as 'the 1980 make the order available for 8. Itshall be the duty of a local author- This requires local authorities to ture means spending on day to Act' in this section) the Greater inspection at all reasonable ity to publish a summary of the publish a summary of the public's day and operating expenses, as London Council and all Lon- hours (1971 Act Schedule 20 rights of local government electors rights of access to meetings and docu- distinct from capital expendi- don Borough Councils must paragraph 6). to attend meetings and inspect doc- ments and enables electors to have a ture on long term matters like have a list and map of all metro- (e) All county councils and uments oflocal authorities given by copy of this summary. buildings and land); summary politan roads available for other London Borough Coun- this Act or by the Public Bodies of capital expenditure for all public inspection at all reason- cils (and inner London (Admissions to Meetings) Act services; general statistics and a able hours. Boroughs if they so choose) 1960 or by the Local Government comparison with the previous (b) All county councils and must prepare a definitive map Act 1972 and any local govern- year for major services showing London Borough Councils of footpaths in their area, and ment elector for the area of the cost, those benefiting from the must prepare a list of streets in this must be open for public local authority may at all reason- service and degree of use; their area which are maintain- inspection free of charge (Wild- able hours inspect and make a copy details of manpower by each able at public expense (1980 life and Countryside Act 1981 of any such summary. staff category and a comparison Act Section 36(6» and this list Section 57(5». Janles Cornforel Des Wilson Consenl 10 decisions '01 has 10 be IlIIusl be Inforilled' backed by law We live in a complicated and highly needed reform. Government has there must be important limits on I believe that one day, afterfreedom of makes the positive case for action on organised society in which most responded by trying unsuccessfully to public access to information on information legislation has been freedom of information, I will con- important decisions are taken by small tighten up the protection of official grounds of national security, for pur- implemented, people will marvel at the centrate on the arguments of those groups of people, sometimes elected, secrets, without giving any right of poses of law enforcement, to protect way we had, by the 1980's, allowed who defend it: more often appointed, out of sight of access, and then by making the mini- the privacy of individuals. We also information in Britain to be so re- Their first point is that freedom of the public. If the public is to accept mum concessions on data protection recognise that government cannot be stricted. They will marvel that parents information legislation is inconsistent those decisions, and trust the people compatible with our international conducted in a goldfish bowl: govern- could not see their children's school with our Westminster system of gov- who make them, we need to know on obligations, and that only under pres- ments need some degree of privacy in files, that patients could not see their ernment. In fact, such legislation has what basis the decisions have been sure from the data processing industry which to formulate policy and our con- own medical records, that council been introduced recently in Australia, taken, what were the opinions of the and the major professional bodies con- stitutional conventions require that the tenants or those on council waiting lists Canada, and New Zealand without experts consulted, and what the rea- cerned. Successive governments have advice of civil servants to ministers could not check the accuracy of their underminin~ the "Westminster sys- sons were for making one choice failed to react in a positive, imaginative should not be exposed. The Freedom own files. They will marvel at the num- tem" operatmg there. In Australia, the rather than another. For consent to be or constructive way to these reports. of Information Bill which we will try to ber of local issues discussed behind Senate Standing Committee on Con- meaningful it must be informed con- We need a fundamental change in have introduced in parliament as the closed doors. They will not know stitutional and Legal Affairs consid- sent: there must be the possibility for the assumptions on which official first priority of the Campaign will whether to laugh or cry at the obses- ered this question in depth and con- those affected by decisions to find out information is handled. We need to include detailed provisions on these sion with secrecy in Whitehall and the cluded that it had been used "as a how, why and when those decisions are change from a system in which the gov- questions, but its main purpose will be classification of the most harmless smoke-screen behind which to hide, made. ernment releases whatever informa- to establish a statutory public right of information as "RESTRICTED" or and with which to cover up existing Now that is an ideal which is far from tion it chooses as and when it chooses, access to official information. "SECRET". They will see how it practices of unnecessary secrecy". It being achieved anywhere, but in to a system in which official informa- We shall of course be told that the allowed incompetence and abuse of continued: Britain it is further from being tion is available unless the government time is not ripe - previous attempts power to remain unchecked. They will " ... FoI legislation does not relate achieved than in many other liberal can give a good reason for withholding have been made in more favourable see how secrecy was employed to load to any specific system. It is rather a democracies. British government, it. Those good reasons should not be parliamentary circumstances and have the dice in support ofthe status quo, to question of attitudes, a view about national and local, is too secretive, and whatever the government finds con- failed. Furthermore, the present Gov- preserve power and position and to the nature of government, how it that view is shared by many members venient, but based on conditions laid ernment is wholly unsympathetic and protect from embarrassment, and they works, and what its relationship is to of parliament, civil servants, journa- down by Parliament and policed by an has a large majority. Our first answer is will chuckle at the weakness ofthe de- the people it is supposed to be serv- lists, and others who are close obser- independent arbitrator. that this question must be kept on the fence for it and be astonished at how all ing. Any political system which holds vers of government, as well as by many Freedom of Information does not public and parliamentary agenda. The attempts to crack the safe of official that the people are entitled to a maxi- ordinary citizens. It is a view held by mean a free for all, but a set of rules attitude of the Government and the secrecy always failed. mum degree of information about the main opposition parties - and it is which sets limits to the discretion of size of its majority must not be allowed The reason for this failure is obvious how their government operates, so even a view supported by many ex- government and provides definite to stifle debate. This is an issue on enough - few people ever relinquish that it can be made more resJ!,onsive ministers and retired senior officials. rights for citizens. We recognise that which parliament and the public need power voluntarily, and information is and accountable to them, will wel- Unfortunately they may think so to be educated and proposals need to power. come an effective FoI Bill. In this before they retire, but they do not say be worked out in detail and thoroughly As my colleague James Cornford respect a Westminster system of gov- so, and that is the nub of the problem: canvassed. There is no better way of ernment should be no different from the present rules are too convenient in doing this than by getting to grips with any other." the short term, because for govern- a Bill in Parliament. Our second It is said that the "Westminster ment, information is power: govern- answer is that legislation is the ultimate system" is already "open" because of ments will inevitably try to control and aim of the Campaign, but not the only the accountability of Ministers to Parl- manipulate information for their own one. Unlike previous efforts, which iament. Itis significant, therefore, that, benefit, as far as the rules allow. In have concentrated on Parliament and as you can see from the list on page 2, Britain the rules give government on central government, this Campaign there is wide, all-party support on the absolute discretion and the citizen very will be concerned with greater free- back-benches for freedom of informa- few rights to information: no official dom of information in local govern- tion. These MPs know how frustrated information is supposed to be released ment and in other public and private they become by the refusal of Minis- without authorisation by government. sector bodies. It will be concerned to ters to relinquish information of value There are of course laws governing promote more voluntary disclosure to their constituents - they know this information but the fact is that these and to alert the public to such rights as reform is necessary if Parliament too is are thoroughly discredited. Over the they already have and to encourage to be effective. last decade there have been a number them to make use of them. Civil servants argue that they cannot of official inquiries - the Franks Com- James Cornford (above) is Chairman The whole point of this campaign is proffer frank advice to Ministers if it is mittee on S.2 of the Official Secrets of the Council for Freedom of infor- to take the issue of freedom of infor- to be publicised. We accept that politi- Act, the Younger Report of Privacy, mation. A former Professor of Poli- mation out to the people where it Des Wilson (above) is Chairman of cal, tactical, or strategic advice offered the Lindop Report on Data Protec- tics at Edinburgh University, then belongs and to create that steady and the 1984 Committee for Freedom of by civil servants to Ministers, should tion, the Wilson Report on Public Director of the Outer Circle Policy unrelenting pressure of well-informed Information. He is also Chairman of remain private, but there is no reason Records - and all have said the rele- Unit, he is now Director of the Nuf- opinion which neither Westminster Friends of the Earth and CLEAR, vant law was unsatisfactory and field Foundation. nor Whitehall can long resist. The Campaign for Lead-free Air. (continued on next page)

1978 Confirms that Franks-type legislation is proposed Government . .. but no more. Referring to the Croham Directive, White Paper the White Paper says that more official information on Section 2 is now being published. 'he story so far ••• reform 1978 A major attempt to introduce Freedom of Informa- The Official It was introduced as an urgent anti-spying measure 1973 In the Commons, the Home Secretary (Conserva- The Freud tion legislation by Liberal MP Clement Freud. This Secrets Act at a time of national crisis when war with Germany Government tive) says that the government accepts the essential Bill is the first such bill to have obtained the necessary 1911 seemed imminent. Section 2 of the Act consider- accepts recommendations of the Franks Committee but parliamentary time. Drawn up by the Outer Circle ably tightened controls over unauthorised disclo- Franks suggests that the categories of protected informa- Policy Unit, the Official Information Bill proposes sure of official information and created a new approach tion may have to be widened. to repeal Section 2 and 'establish a general right of offence - receipt of improperly disclosed informa- access to official documents for members of the tion. (When a roughly equivalent measure was tried public'. 1974 Labour are elected on a manifesto containing a 3 years earlier it provoked an outcry, and the pro- Labour promise to go considerably further than Franks and posal was dropped.) In 1911 the new andfar-reach- ( 1979 As the Freud Bill gathers and wide- elected with to 'replace the Official Secrets Act by a measure to ing restrictions went literally unnoticed. The Act Government spread parliamentary support, the Government f.o.i. pledge put the burden on public authorities to justify with- passed the Commons in half an hour, and Section 2 Green Paper continues to urge a non-statutory alternative. It holding information'. was not mentioned in the Parliamentary debates. 'Open now concedes that 'administration is still conducted (The Act was amended in 1920 and 1939). Government' in an atmosphere of secrecy which cannot always be 1976 The Home Secretary (Labour) says he will intro- justified' and proposes to adopt a voluntary Code of 1968 The report concluded that 'the administrative pro- Government duce legislation based on the Franks Report to Practice. But it insists that disclosure would still ulti- Report of cess is surrounded by too much secrecy' and that proposes replace Section 2 of the OSA. Disclosure legislation mately depend on Ministers' discretion - a concept the Fulton 'the public interest would be better served if there Section 2 of the kind promised in Labour's election manifesto that supporters of the legislative approach funda- Committee was a greater amount of openness'. It called for 'an reform is no longer mentioned. mentally reject. on the Civil enquiry to make recommendations for getting rid of The Freud Bill, which had made substantial Parlia- Service unnecessary secrecy in this country'. 1979 1977 Two journalists and their informant - a former Freud Bill mentary and survived major government Journalists soldier - are arrested after discussing the govern- . amendments, dies when Parliament is dissolved. 1969 A very limited response to the Fulton recommend- falls with White Paper ations which argued that the government was pub- arrested ment's intelligence monitoring of international Election 'Information lishing more information, and that the Official under the radio communications. All were charged under Official Section 1 of the OSA for offences related to spying: 1979 Following the Franks model, Section 2 of the OSA and the Secrets Act did not create unnecessary secrecy. Secrets Act these charges were later shown to be groundless and Conservative is to be replaced by measures to protect specified Public Government classes of information, but there is to be no public Interest' dropped during the trial. The former soldier is charged under Section 2 for unauthorised dis- introduces right of access. The classes of protected information Protection of suggested by Franks are modified. Some are 1971 Four defendants were acquitted of charges under closure, and the two journalists with receipt of information improperly disclosed - even though Information dropped but new ones, covering the nationalised Sunday Section 2 of the OSA after the Sunday Telegraph Bill industries, telephone tapping and mail intercep- Telegraph had published a leaked report about British Aid to the government is committed to abolishing this offence. The three convicted under SectIOn 2 tion, are created. Unprecedented powers to prevent Official the Nigerian federal government during the civil charges in 1978 though the main effect of 'the ABC public discussion of security measures are pro- Secrets Trial war in that country. Summing up, the Judge trial' has been to further discredit Section 2, no fines posed. The Bill was subjected to sharp criticism, suggested Section 2 be 'pensioned off. being imposed. particularly at the time of the Blunt affair, ulti- mately forcing the government to withdraw it. 1972 The Franks Committee recommended that Section Report of the 2 be repealed and replaced by an Official Informa- 1977 The Head of the Civil Service sends a memo to 1981 MP reintroduces the Outer Circle Franks tion Act making it an offence to disclose without The Croham Departmental Heads advising them that in accord- The Hooley Policy Unit proposal which had formed the basis of Committee authorisation a more narrowly defined range of Directive ance with the Prime Minister's instructions back- Bill Clement Freud's 1979 Bill. Opposed by the gov- on Section 2 information. (Civil servants who leaked other ground material relating to policy studies should ernment, the bill is defeated at 2nd reading. of the information could not be prosecuted - but could normally be published. The memo (itself confiden- Official still face disciplinary charges.) The mere receipt of tial), which is leaked to the newspapers, acknow- 1983 At the 1983 General Election, Labour and the Secrets Act improperly disclosed information would no longer ledges that one purpose of the exercise is to head off General Alliance promise f.o.i. action; the Conservatives 1911 be an offence. pressure for Freedom of Information legislation. Election do not. Former No. 10 Senior civil servants admit aclviser calls for open IUK is excessively secretive' government "Open government is not a fashion- able optIOnbut a precondition for any Hopes that senior civil servants may poses a number of measures, short of a there may be occasions where it is helpful if as a matter of course they serious attempt to solve Britain's respond positively to many of the freedom of information Act, to create legitimate for government to were to produce at regular intervals, underlying problems", Sir John Hos- objectives of the 1984 campaign have a more open approach to the publica- an.!10UnCea decision and then use the say quarterly, a list of documents kyns, former Head of the Prime Minis- been raised by a discussion paper cir- tion of documents. period before the decision takes effect, which had been put out. ter's No. 10 Downing Street Policy culated by the Association of First The discussion paper begins with an while the parliamentary process is Perhaps this should be considered in Unit, stated in his recent Institute of Division Civil Servants. It examines examination of increased "leaking" of being gone through, as a time for con- the context of a voluntary code of con- Directors Annual Lecture. the problem of "leaks" and concludes information, and concludes that the sultation (in this case it win be more a duct which could be drawn up for all His main message was that Ministers that a key reason for them is "the high FDA "could not and should not con- case of consulting over the details of governments to observe concerning should share problems more openly degree of secrecy conducted here rela- done the unauthorised disclosure of implementation rather than over the the publication of the reasons and with the public and not necessarily try tive to most other democracies". information by its members". decision itself). statistical information which liebehind to "keep it simple". It suggests that "a reduction in It then says that it "seems pertinent to If consultation is confined to the decisions: complaints about non- He stated: "Let the uncertainties secrecy would make it easier for gov- ask whether breaches of government better known or more established observance of the code might be in- and complexities speak for them- ernment to keep confidential those confidences could be prevented by organisations, however, or if it vestigated by a specially appointed selves. People know the world is a matters which it considers most more positive means than 'plumbing'. becomes apparent that the process of ombudsman. complicated place. If the thinking is important to safeguard" and it pro- "To some extent leaks have been good enough, the words and the prompted by a belief that govern- understanding will follow". ment in the UK is excessively secre- He condemned excessive secrecy: tive by comparison with other de- The 1984 Campaign Comment "With confidence and competence so What the mocracies. This belief has some justi- much lower than they should be, it is fication." The 1984 Campaign differs fom the First Division Civil Servants on two key points: first, we believe that only legislation will ensure adequate not surprising that Whitehall fiercely Times saiel The report continues: iiThe gov- disclosure of information and that voluntary initiatives, no matter how defends its tradition of secrecy. The ernment might like to consider admirable, will not solve the problem; second, while we would much Official Secrets Act and the 30 Year The Times, in a leading article, whether some liberalisation of infor- prefer a situation whereby "leaks" were unnecessary, we believe that Rule, by hiding peace-time fiascos as if warned the Prime Minister and mation might not be in its own inter- there should be the opportunity for a "public interest" defence in law for they were military disasters, protect the Cabinet Secretary that they ests. This might include some or all of those who have disclosed information without authorisation. Ministers and officials from embar- would be advised to "ponder the following: That said, we welcome the spirit of the FD A discussion document and rassment. They also ensure there is no carefully the FDA's prescrip- learning curve. tion". (i) Timing and content its frankness about unnecessary secrecy. It demonstrates that there is much common ground between the campaign and many senior civil He argued that "the cure for the The Times warned them that Where it was only the lack of authoris- servants, and we will do all in our power to maintain a constructive British disease must start with the gov- "the fox-hole they currently ation which has caused concern it is dialogue with the FDA, and other civil servants' unions, and to build on ernment itself' and that widespread occupy is defensive in intent, but worth asking the question whether the the areas of consensus. reforms were necessary in the White- offers no genuine protection. It document need have carried a security hall approach, most noticeably in offers the worst of all worlds. classification at all or whether it could terms of a more open style and wider Whitehall's battery of confiden- not have been made freely available in consultation is a facade merely explanation of real, long-term prob- the first place. (iv) Experiments in disclosure tiality codes, conventions, and designed to disguise firm policy deCI- Finally, in addition to or instead of a lems. statutes accumulated since 1250 Where timing, rather than content, sions which have already been code of practice the government could amount to a leakers' charter. is the main reason why disclosure is adopted, consultation will become a perhaps go further and consider a sys- Through their ludicrous over- unwelcome, it may be asked whether sham, the process of government be tem under which official documents extension, which brings them embarrassment would not have been demeaned and the incidence ofleaks is could be disclosed unless specifically avoided if the government had itself into disrepute, they do not assist likely to increase. protected. It would not be necessary the maintenance of confidential- decided on earlier publication. for all departments to adopt the same ity even in those areas where it is As regards the content of docu- (iii) Croham directive . protected categories (although minis- justified. They put the govern- ments, it can be argued that over- Since the Croham directive six years ters adopting a particularly cautious ment continually on the defen- classification is a common fault, and ago, in theory the factual and analyti- line would doubtless need to defend sive, making it furtive where it that if Whitehall were not seeking to cal material on which policy decisions themselves in parliament). should be forthcoming. It is fear- restrict far too many of its papers it are based should be published more Nor is it suggested that the scheme ful of the people who elected it would be possible to take more effec- systematically. Opinions differ as to should be anything other than experi- with a thumpin~ majority. If tive steps to protect the confidentiality how widely in practice the directive mental and non-statutory so the extent Mrs. Thatcher fads to consider of those whose disclosure would be has been observed. Quite a lot of the to which it genuinely contributed to moving from her dangerous fox- genuinely damaging. sort of information which the Croham more open government would depend hole on to the safer, higher directive had in mind is published in entirely on how it was operated in ground, everyone will be the (ii) Consultation process the course of giving evidence to the loser." practice. The reversal of the existing Leaks are more likely to occur if inter- new departmental select committees practice however whereby official The Times reminded the ested parties affected by policy propo- as well as other information which the documents are regarded as non-dis- Prime Minister that "govern- sals do not consider that they have directive's rather narrow definitions closable unless theu release is specifi- ment is public business, not a been properly consulted before deci- did not cover. One problem is that the cally authorised would represent a private firm. It should comport sions are taken. There are problems public cannot easily find out precisely fairly major change in the philosophy itself accordingly." about this: often the consulted parties what is available since departments of government in this country and the only deem the consultation genuine if tend to release information in a some- long-term effects could be signifi- Sir John Hoskyns theIr views have been accepted; and what haphazard manner. It would be cant.!! Reith lecturer says the facts 'should be published' Unexpected and outspoken support the arguments for secrecy. Step by step private citizen or to parliament. Gov- do not go out of their way to disclose weighty than political embarrass- for the cause of freedom of informa- over the years we have published more ernment departments commission tion has come from one of Britain's information - certainly information ment". and more material which previous research, carry out surveys, study what which sits uneasily with the chosen most respected former civil servants, generations of officials had thought to is happening in other countries and Even on defence issues, government Sir Douglas Wass, Permanent Secre- policy. It is unsatisfactory for parlia- be dangerous. In the event publication generally establish a good and ment to have to rely on its own alert- ought to strike a reasonable balance tary to the Treasury in 1974-1983, and has caused very little, if indeed any thorough informational base upon between openness and security. It was, Joint Head of the Home Civil Service ness and astuteness in eliciting mat- damage. The onus, I now believe, which to make policy. They also, of erial from the government. This state however, outside the area of national from 1981-1983, during his series of ought to lie heavily on those who course, have a substantial body of security "that I see little cause to be Reith Lectures on BBC Radio 4. of affairs has aroused interest in some oppose publication to justify their incidental evidence from on-going statutory obligation on the govern- restrictive about publication". opposition" . He said that the challenge facing any administration ... most of this infor- ment to publish its privileged informa- Looking at ways of improving the democratic society was to secure a Sir Douglas made clear his opposi- mation would not be readily available tion or to provide access to its own flow of information, he said that an more informed public. "There is a tion to unauthorised leaks, and also to the public unless the government records". defended the need for some privacy in information audit merited serious need for governments on a systematic supplied it. Much of it is of some public Sir Douglas provided support for study. He considered the possibility of basis to publish the information they governmental decision-taking. He interest and it is difficult to see why in a those who say that in the absence of legislation and stated that in other possess which will contribute to public then went on: "It is in the field of fac- democracy it should not be some controls a system of voluntary countries legislation had "allayed the understanding of policy issues". tual and analytical material that gov- published" . release of information would "allow anxieties of those who fear the damag- ernments could and should play a Claiming that there has been some back-sliding". He said "this concern is He said: "Having lived with (the) more constructive part, for it is here ing effects of too much exposure. And action to increase freedom of informa- entirely justified". He stated that the it seems not to have led to any signifi- dilemmas for a very long time, I have that they possess a wealth of data, tion, Sir Douglas said that "neverthe- become profoundly sceptical about reasons for deciding against publica- cant impairment of the efficiency of much of which is not released to the less a suspicion exists that departments tion have often been "nothing more governments" . "01 has 10 be backed by law' (continuedfrom previous page) way that those matters that should has not been prohibitive. Further- information deserves the support of remain confidential do. In the mean- caused by lead in petrol; the work of more, it can be balanced by the extra the law. Friends of the Earth to boost conser- why the factual background, and time, excessive and indiscriminate efficiency, reduction of waste, and vation and protect our countryside - expert and technical advice should not classifying of information has under- safeguards from corruption that it all of these campaigns have been con- be made public. It should not be mined the credibility of confidentiality creates. Other campaigns beyond the wit of the drafters of the - too much secrecy has given secrecy a cerned only to protect the vulnerable Finally, they argue that it can be Over the past few years I have been in our society and benefit the com- legislation to distinguish between bad name. achieved by greater voluntary dis- these categories. involved in a number of campaigns munity, and all of them have offered closure - there is no need for legisla- that I believe have been entirely con- the opportunity to individuals to par- The price we pay tion. The advocates of this approach structive in nature - the Shelter cam- ticipate in public affairs. All of them Campaign exemptions tend to be those who in their ideal paign, to rehabilitate old housing and have been frustrated by, and appalled Then they say that it creates a sub- world would like to take no action. help our homeless families; the work Then they say that freedom of infor- stantial administrative burden and that at, official secrecy, however, and the Their proposals are merely an attempt of the Child Poverty Action Group to abuse and manipulation of facts and mation can lead to disclosure of facts it is expensive. Inevitably Fol laws will at a plausible alternative to legislation. counter to the public interest. The list relieve the needs of the deprived in an expert analysis paid for by us, the tax- add to the administrative workload LegIslation is necessary in order to affluent society; the work of the of exemptions to our objectives on and will cost money, but this is the payers. I believe this campaign has to remove the onus on the citizen to argue National Council for Civil Liberties to be won for many reasons, not least that page 2 demonstrates that we accept price we have to pay for democracy. the case for access and instead place that there is a case for confidentiality, protect our individual freedoms; the those organisations, and many more, The experience of most countries with up'0n the public servant the responsi- work of CLEAR to protect our child- and it is possible to legislate in such a freedom of information is that the cost can fulfil their potential as contributors bIlity to defend secrecy. Freedom of ren from the environmental hazard to a healthy and vibrant democracy. How the water authorities turned oN the taps

Last year you could have shown up at they needed to. Section 1(2) of the reservoirs or sewage works, but also to provide Ministers and Parliament any meeting of a regional water Public Bodies (Admission to Meet- because many of their responsibilities with information, to say nothing of authority, watched the proceedings, ings) Act allows authorities to 'exclude relate to public health, safety and withholding it from mere consultative listened to the arguments, and taken the public from a meeting (whether amenity. Water authorities must councils'. the scientific or policy papers home during the whole of part of the pro- ensure that the water is safe to drink with you. If you go along in 1984, the ceedings) whenever publicity would and wholesome, that sewage is prop- chances are you will be turned away. be prejudicial to the public interest by erly treated and sewers not collapsing, Consumer move Since they were set up ten years ago reason of the confidential nature of the that the beaches are not polluted and the water authorities have been subject business to be transacted or for other industrial discharges to rivers are con- is welcome to the Public Bodies (Admission to special reasons'. trolled, that there are plans to cope The government is insisting that the Meetings) Act 1960 whIch guaranteed Why should water authorities be with drought and protect against consumer committees' meetings, that their meetings would be open to open to the public? Firstly, because of flooding, that fishers are maintained minutes and documents be thrown the press and public. This fundamental the vast sums of public money they and that people can fish, sail on, picnic open to the public - a welcome move. right was taken away when the Water spend. It was to ensure such openness near and otherwise enjoy water- Yet it is a peculiar kind of logic that Act 1983 came into force in October that the Public Bodies (Admission to courses. subjects these humble consumer bod- last year. Meetings) Act was introduced in 1960 ies, who after all will do nothing more The new Act was designed to 're- - by no lesser person than Margaret than advise, to so much greater public duce bureaucracy' in the water author- Thatcher MP. scrutiny than the powerful water ities by cutting the size of their boards authonties themselves. Silliest - and in particular by eliminating the Once open- How have the water authorities large numbers of local authority repre- now secret responded to the new changes in prac- sentatives that made up their majori- Report by tice? Although they can now exclude ties. The new boards willbe slimmer - In many water authorities these mat- the press and public from their meet- ters - once openly discussed - will Secret and composed entirely of government Maurice Frankel ings they are not required to. The nine appointees. now be dealt with in secret. The gov- English authorities have, without Giles Shaw, then junior Environ- ernment nevertheless maintains that exception, decided to close their board ment Minister, suggested that the the new arrangements will give the meetings to the public - but there are change would 'move the character of public 'substantIally more access to the variations in their attitudes to special- ofthe the authorities away from the local water authority' that in the past. This is ist committees. Some, like the authority, open forum type meeting to done by setting up separate commit- Northumbrian, Severn Trent, South- an executive style'. While local author- tees to represent both consumer and ern and Wessex water authorities will ities could function with the press recreation-conservation interests. keep all committee meetings private - The consumer committees will be Month watching, this was not the style of the but Anglian, North West, South West, nationalised industries on whom the set up in each division within a water Thames and Yorkshire water authori- new water authority boards would be authority, with members representing ties are keeping at least some of their The Campaign for modelled. As Lord Skelmersdale, the domestic, industrial, agricultural and committee meetings open to the government's spokesman in the Lords, other consumer interests. In Parlia- public. Freedom of Informa- put it: 'there is no press access to any ment the government promised that executive board, either public or pri- these committees would be 'totally tion is to launch a "Sil- vate. So why should there be now?' independent' - the reality is some- liest Secret of the thing less than that. Although outside Welsh show bodies will nominate committee mem- the way Month" award. Maurice Frankel is the full-time bers, all appointments are made by the Peer tries campaigner for the 1984 Cam- water authorities who also control the But it is the Welsh Water Authority Journalists, volun- paign for Freedom of Informa- budget and supply the secretariat. The that has provided the real lesson in tary organisations, to explain tion. He worked for a number of Department of the Environment has openness: it has decided to keep not In the Lords, the Local Government years for Social Audit, specialis- actually sug$ested that committees only its committees but also its main civil servants, politi- Minister, Lord Bellwin, tried to ing in information issues, and has might find It useful to appoint an board open to press and public. The explain why it was' 'reasonable and recently contributed to Friends of authority member as chairman - and Authority's Public Information Offi- cians, and members of proper' for the press to be present at the Earth as an adviser on pollu- that if it doesn't a member may be cer argued, in a paper circulated to the public, are invited meetin$s of the old, but not the new, tion and pesticides. imposed on them as deputy chairman. members, that it would be the author- authonties. 'The new small executive Such consultative bodies have long ity itself that would benefit from a well- to submit to the Cam- boards of the water authorities will be been familiar in the nationalised indus- informed press with full access to offi- paign any particularly totally different in character .... It is Secondly, unlike the nationalised tries. In October 1983, as the new cial papers. 'The conscientious journ- impossible to function effectively as a industries, the water authorities have Water Act came into force, the Lon- alist or news editor will have worked absurd or mindless member of such a board if at every what are essentially powers of taxa- don Electricity Consultative Council through the papers in search of usable cases of official stage one is concerned that the odd tion, through the water rates. During published a report which may well items in a process which inevitably word here, the odd outspoken com- the Commons debate Alan Beith MP serve as a warning of the problems the imparts to him a great deal of know- secrecy. ment there, will hit the headlines next said that the local authority councillors new water consumer bodies may face. ledge which he could not come by in day'. of different political persuasions had It noted that numerous studies and any other way. It is this process which If you have evi- 'The presence of outsiders at meet- expressed to him 'their strong objec- reports on the nationalised industries has led, over the years, to an increas- dence of a particularly ings of this kind has a profoundly in- tion to the removal of the press from had found that: 'Relations between ingly well-informed Press and a per- hibiting effect on discussion', he later meetings of a body which will be able governments, boards, and their con- ceptible improvement in its under- silly secret, send it to added. 'People will not speak up as to levy rates through the rates machin- sumers have been characterised for 35 standing and, therefore, its treatment the Campaign at 2 freely as they would in private. To ery on their ratepayers'. years by sloppiness, by ambiguity and of the Authority and its functions. It is deny that is simply to tum one's back Thirdly, the day-to-day business of confusion, and (on the part of the fair to assert that any stemming of this Northdown Street, on reality'. But this, of course, also the authorities has considerable industries) by repeated resistance to flow of knowledge can only result in an applied to the old water authorities - im{>ortance for local communities. independent monitoring and greater ill-informed, suspicious and therefore London Nt 9BG. and they dealt with the problem by This is partly because they can under- public scrutiny ... (they) have in some critical news coverage of all aspects of going into private session whenever take major developments, such as new instances been reluctant (or refused) the Authority's work'.

Reports covering 50 hospitals for the advisory teams to hospitals for the Sir Keith Joseph, the Education that Ministers suppressed findings lot of people don't want to know and mentally handIcapped, and 30 mentally handicapped. Secretary, has refused to publish a for political readings. In a report, the say they will take their chances." homes, revealing widespread The Royal College of Psychiatrists departmental analysis of research doctors call for a ban on the import- instances of over-crowding, under- later called on the government to which claimed that a combination of ing of blue and brown asbestos staffing, custodial attitudes to abolish provisions of the Officials grammar schools and secondary because it could cause cancer ... they patients, fire risks, and the denial of Secrets Act which prevent open dis- moderns performed better than also ask for tighter controls on white basic human dignity, were kept con- cussion of problems in England's comprehensives in examinations. asbestos." The Transport Ministry has fidential until recently published in four top security mental hospitals. reports. refused a Fnends of the Earth The Guardian. researcher a copy of a report entitled It emerged that the Development "Safety of Cyclists: An analysis of the Team for the Mentally Handi- Problem and Inventory of Measures capped, authors of the reports, had The Lancet, the highly respected to Make Cycling Safer". The DoT been made to signthe Official Secrets medical journal, has criticised said 'Unfortunately we are unable to Act before they could even visit the Whitehall for delaying publication of provide you with a copy of this report hospitals and were not allowed to a report linking the food we eat with because it is a document restricted to representatives of the member divulge the contents of the reports Western diseases. without risking prosecution. The Sunday Times had disclosed In a reply to Labour's schools An Emergency Planning Offi- nations. We should be pleased to Brian Rix, Secretary General of details of the report which showed spokesman, Frank Dobson, MP, cer, asked to give details of plans in help you on other cycling matters ... ' MENCAP, told The Guardian that that diet is one of the main causes of who had asked for the report to be the event of nuclear attack, refused Friends of the Earth was able to the DHSS Minister, Kenneth Clarke, many diseases and set objectives for published, Sir Keith said that advice to do so because he failed to see how obtain a copy from another source. "has been spending his life suppress- the government and food industry to to Ministers from officials was con- his reply would serve the public ing reports on these hospitals, yet pursue over the next five years to fidential. interest, The Guardian reports. claiming that the mentally handi- improve food. Out of the 63 local authorities, capped are a priority". The Lancet says the food industry only 15 replied to the question put to (Mr. Clarke had earlier been criti- "apparently did not like much of Professor Donald Acheson, who them by the Editor of the CiVIlDe- Mrs. Thatcher has personally cised by CLEAR for misrepresent- what itread and seems to have got the has been appointed Chief Medical fence Information Guide, who said blocked the publication of an official ing information on the health effects Department of Health to suppress or Officer at the DHSS, accused the that several county councils had history of British counter-intelli- of lead in petrol.) at any rate delay the report. If so, the government of covering up a report already said that they would not gence operations during the second Questioned in the House of Com- Department should think again, on asbestos dangers (The Tlmes allow their civil defence plans to be World War although earlier volumes mons, Mr. Clarke subsequently an- quickly." reports). inspected. He added: "The public of history, commissioned by the nounced a review of the use of the The Times states: "He and a col- have a right to know what protection Cabinet Office, have already been Official Secrets Act to cover visits of league, Dr. Martin Gardner, claim they get in each county, although a published.

.' lOur right to k •

The case for greater freedom of information in the public and its servants (equal except in It is appropriate that in 1984 the people of Britain has been made frequently and at the specifically-defined and generally-accepted Britain demand what is theirs by right - the highest level. cIrcumstances). information collected at their expense and The Committee on the Civil Service, chaired The imbalance of access to information necessary for the health and survival of their by, Lord Fulton, reported in 1968 that "the between governors and governed in Britain is democracy. administrative process is surrounded by too now of such size and scope that it seriously We would stress these points: much secrecy. The public interest would be undermines the health of our democracy. The • Our democracy will be strengthened, not better served if there were a greater amount of sources of power and influence are obscured. weakened, by greater freedom of informa- openness. " Public servants are not properly accountable. tion. The Committee of Inquiry into the Official Public participation is seriously hampered. • Almost all that we seek is already available Secrets Act, 1911, chaired by Lord Franks, Justice IS often not seen to be done. Ineffi- in many other countries, including Com- reported in 1972 that "its scope is enormously ciency and error are made more likely. monwealth countries whose democratic wide. Any law which impinges on thefreedom of Furthermore, we do not have the necessary traditions come from Britain, and it has not information in a democracy should be much exchange of information that is essential if affected them adversely. more tightly drawn. " governors and governed are to share a com- • It is possible to introduce freedom of infor- In March 1979 a government Green Paper mon understanding of the complexities of mation legislation that would fundament- admitted that both official reports were contemporary life and to forge a more positive ally change the balance of power between correct. On secrecy generally, it stated that partnership to achieve solutions to our prob- non-accountable bureaucracies and the "administration is still conducted in an atmos- lems. As a former Head of the Number 10 people and their representatives without in phere of secrecy which cannot always be justi- Downing Street Policy Unit recently said: any way endangering those areas where fied". ' "Open government, in this sense, is not a confidentiality is still necessary. Of the Official Secrets Act, it said that "the fashionable option, but a precondition for any This is not an academic issue. We need catch-all effect of Section 2 is no longer right serious attempt to solve Britain's underlying greater freedom of information for practical and we intend that it should be replaced". problems". and urgent reasons. The time has come to Thus, the two main objectives of the 1984 However, freedom of information is not just reverse the trend towards oppressive secrecy. Campaign for Freedom of Information - right an issue about national policy. This is an issue It will lead not to more inefficiency, but to less; of access to information and reform of the that is relevant to the lives of ordinary people. it will save more money than it costs; it will Official Secrets Act - have already been well- It is unacceptable that parents cannot see the create greater understanding between people argued. school files of their own children, that patients and their administrators and not less; it will The broad aim of the Campaign for Free- cannot see their own medical records, that improve the quality of public I!articipation and dom of Information is to strengthen de- tenants of housing authorities cannot see their reduce not just the concentration of power, but mocracy and the position of the individual in own files or applicants on waiting lists are the strain of responsibility on governing insti- Britain. Essential to democracy is the correct denied access to their records. Far too much tutions; it will create a greater sense of security balance between the ability and freedom to information in the possession of local councils, and improve public health and safety; it will govern of those appointed and elected to do and far too many decision-making meetings, create greater faith in the justice of our law and so, and the ability and freedom of the citizens are secret for no sound reason. Meetings of institutions. to maintain surveillance over, and influence such bodies as water authorities take place It will reinforce the qualities of honesty and the policy and practice of their servants. That behind closed doors when there is no justifica- integrity in public life, for as Milton wrote, balance can only be achieved if there is near- tion for such secrecy. Nationalised industry "Whoever saw truth put to flight in free and to-equal availability of information for both will not share information with consumers. open encounter?" ------~--- - How you can help There are many different ways in which you can help the 1984 To: The 1984 Campaign for Freedom of Information Campaign for Freedom of Information. 2 Northdown Street, London Nl 9BG The first (and most predictable) is with money. This is a Telephone: 01-2789686 voluntary organisation and because it will be campaigning it cannot register as a charity. We are therefore dependent on 1, _ those who share our concerns to be as generous as possible. 2. You can subscribe to our publications and thus become of (address), _ well-informed on the issue and share the facts with others. A publication subscription of £7.50 per annum will obtain for you the 40-page campaign handbook, further copies of this newspaper, plus the Secrets Files that we will be publishing regularly throughout the year. 3. You can write to your Member of Parliament and let 1. Enclose a cheque for £ him or her know that you would like to see parliamentary D for the 1984 Campaign for Freedom of Information. action on this issue. 2. Would like to be a subscriber to your publications 4. You can raise the matter with any organisation you and enclose a cheque for £7.50 to cover this belong to - e.g. local political party, trade union, local branch D of a national organisation - and try to have a resolution orhave added £7.50 to my donation to cover this (tick passed on to headquarters, and publicised in your local media. D box as appropriate). 5. If you live in London, you could offer some voluntary 3. Can help locally help in our office - all the usual chores but they have to be D (tick box if appropriate). done. 4. Will help at your London Office Above all, we need more knowledge of secrecy. If you D (tick box if appropriate). know of information being unnecessarily withheld, or can 5. Have special expertise or knowledge to offer - tell us of excessive secrecy, or can even slip us a secret or please get in touch (tick box if appropriate). two, please be in touch. D In the meantime, why not fill in the attached coupon while All cheques should be made payable to: The 1984 Campaign it is on your mind and post it today. Thank you. for Freedom of Information. • •

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