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Monitor 30 Pg 12.Indd The Constitution Unit Bulletin Issue 30 Monitor April 2005 FOI Live 2005, the Constitution Unit’s Third Annual Information The Gatsby Charitable Foundation Conference for the Public Sector The publication of the Monitor is made possible takes place on 16 June. Details on by the generous support of the Gatsby Charitable Foundation the back page. FOI goes live in 2005 The Freedom of Information Act 2000 came figures suggest most requests are responded into force on 1 January this year. After four to within 20 days. years of lead-in time, all central government Some of the most complex requests have dealt departments, local authorities and other with the Attorney-General’s advice about the Iraq bodies subject to the law shifted overnight war, the Hutton Report and Black Wednesday from preparation to response mode. However, as well as inquiries about ministerial diaries and response mode has required different levels of ministers’ financial interests. There was almost activity from each authority. Whilst most of the full disclosure of the Treasury papers about estimated 100,000 public bodies legally bound Black Wednesday, after consultation with John to respond to requests have received few to no Major and Norman Lamont. Sensitive policy inquiries, some Whitehall departments have papers about more recent issues are much been inundated. It is those that have received less likely to be disclosed, leading to some of many – and difficult – requests that are making these cases inevitably going on appeal to the the news. But that is not the whole picture. Information Commissioner. Central government reported receiving some FOI officers at organisations off the media’s 4,400 requests in the first month. Surprisingly ‘radar’ are facing varying workloads. The large numbers of requests came from the results of a dipstick survey of small to medium- media and from politicians (130 requests were sized local and central authorities after the first filed in the first week by members of the shadow month of FOI implementation reveal that each Cabinet), but relatively few so far from business. authority received an average of 36 requests Some departments had to increase their FOI in January. Jim Amos, the Constitution teams to deal with the high volume of requests. Unit researcher who carried out telephone The burden is felt heavily at senior levels, and interviews with FOI officers, found that, in by government lawyers, but initial performance general, the organisations surveyed have had In this issue The Constitution and the General Election 2 Charles and Camilla 3 Parliament 4 Devolution 6 Director: Professor Robert Hazell Elections and Parties 10 www.ucl.ac.uk/constitution-unit publications 11 email [email protected] Events 12 phone 020 7679 4977 fax 020 7679 4978 ISSN 1465–4377 no major problems responding to requests. The basic premises of the law They do, however, face longer term issues such as ensuring uniform awareness of the law are as follows: across all sections and divisions of authorities • Who? The FOI Act allows anyone the right and utilisation of efficient and effective tracking to information held by public authorities and monitoring systems. in England, Wales and Northern Ireland Though it is too early to make pronouncements (Scotland has its own FOI Act). about the FOI Act’s effect on government • What? Requests can be made for any transparency or public trust, there are some information the public authorities or encouraging signs. In March DEFRA disclosed publicly-owned companies hold. Although the subsidies paid to individual farmers and exemptions may apply, the spirit of the landowners under the Common Agricultural law is toward disclosure. Policy, despite lobbying from the industry and • How and how much? Requests objections that the disclosures breached data must be made in writing (electronic protection. The same week saw publication communication is acceptable) but they do under FOI of the resignation letter of Elizabeth not have to be identified as FOI requests Wilmshurst, Deputy Legal Adviser in the Foreign nor does an explanation have to be given Office, which gave her reasons for disagreeing by the requester as to his/her motives with the government’s view about the legality for seeking the information. There is no of the war on Iraq. The Constitution Unit is charge for a request; however, the upper planning a major survey of FOI requesters in limit on time spent per request is two summer 2005, which should enable us to report and a half days or £600 worth of work in future issues on who is using FOI, what by central government and £450 by local information they are seeking, and how satisfied authorities. Beyond this limit a request they are with the government’s response. can be refused. • Turn around time? In most cases, civil The Constitution and the servants and public officials are required to respond to the requests within 20 General Election working days. • Appeals? If the requester is not satisfied With May 5 announced as the date for the by the response received, a series of General Election, the following are the main appeals can be made to the department, constitutional issues likely to be on the agenda the Information Commissioner’s Office during the election campaign. and the Information Tribunal (in that On devolution, the Conservatives are set to order). ask the West Lothian Question once again, and will propose that Scottish MPs be barred Conservatives remain committed to abolishing from voting when the legislation under debate the unelected regional chambers in England, does not affect Scotland. Though unlikely to but it remains unclear what alternative strategy incite passions among English voters, a narrow to directly-elected regional assemblies (killed Labour majority may yet bring this issue to by the North-East referendum) Labour and the the fore in the next parliament, if controversial Liberal Democrats will offer. English legislation depends on Labour’s Scottish At Westminster, the Conservatives would ranks for its passage. The future of the National reduce the House of Commons to 525 MPs; Assembly for Wales will also be up for grabs, 440 for England, 46 for Scotland, 33 for Wales. with Plaid Cymru and the Liberal Democrats If the Welsh ‘preferendum’ resulted in primary committed to strengthening its powers, and legislative powers for the Assembly, the the Conservatives proposing a ‘preferendum’ number of Welsh MPs would be reduced to with options ranging from devolution of primary 26. The representation of Scotland and Wales legislative powers to outright abolition. The would thus be reduced to 20 per cent below 2 Monitor: Issue 30—April 2005 ISSN 1465–4377 the English quota, following the precedent of (ECHR Article 12), and to enjoy that right Northern Ireland representation being reduced without discrimination (Article 14). If members by a third during the 1922-1972 Stormont of the Royal Family cannot get married in Parliament. In the Lords, the Conservatives church (e.g. because they are divorced), and and Liberal Democrats are likely to propose cannot validly marry in a civil ceremony, then a reformed house consisting of 80 per cent they lose their right to marry. Hence the new elected members. Labour may want to define interpretation of section 79 of the 1949 Act, that more tightly the powers of the Lords in relation it does not require all Royal marriages to be to primary and secondary legislation, to remove held in church, but merely preserves some of the remaining hereditary peers, and to put the the other customs of royal weddings. House of Lords Appointments Commission on Not everyone was convinced. Sir Nicholas a statutory basis. Lyell QC, former Attorney General, said there was a need for the Government to introduce Charles and Camilla a short bill to put the matter beyond doubt. A The royal marriage announced on 10 February short bill could also have permitted the royal 2005 raised two questions about its possible couple to marry in Windsor Castle rather than validity. The first was whether the marriage in the registry office in Windsor town hall. But had the consent of the Sovereign, under with very little parliamentary time left before the the Royal Marriages Act 1772, and whether election it is not surprising the Government was the Sovereign’s consent had been given on reluctant to do so. It is already being forced to advice. It quickly became apparent from abandon much bigger measures, such as the the congratulations which came, first from Identity Cards bill, because of difficulties in the Buckingham Palace and then from 10 Downing Lords. A bill could have exposed the archaic law Street, that the marriage had the consent of the on Royal marriages to calls for wider reform. Sovereign and the support of the Government. Three reforms have been proposed in recent Such consent is not necessarily automatic: in years in private member’s bills introduced 1953 the Churchill Government indicated that by Lord Archer of Weston-Super-Mare it would not be able to advise in favour of a (1998), Lord Forsyth of Drumlean (1999) and marriage between Princess Margaret (then Lord Dubs (2004). They would remove the third in line of succession) and a divorced man, discrimination in the Act of Settlement 1701 Gp Capt Peter Townsend. The marriage did which prevents a Roman Catholic or anyone not take place. married to a Catholic from succeeding to the The second question was whether members throne; change the rule of male primogeniture of the Royal Family could validly get married and give equal rights to female heirs; and repeal in a civil ceremony. The 1836 Marriage Act or restrict the Royal Marriages Act 1772, which permitted civil marriages for the first time, but regulates the marriages of all the descendants under section 45 the Act did not ‘extend to the of George II.
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