General Council \ The Right to Know

Freedom of Information Act 2000

The Right to Know

The Freedom of Information Act 2000 gives members of the public the right to see information held by Newry and Mourne District Council and indeed held by most other public sector bodies.

Access to this information is subject to a number of Exemptions.

The information included in this section of the Web Site is Newry and Mourne District Council’s current understanding of the FOI Act.

More detailed information is available from the Information Commissioners Web site: www.informationcommissioner.gov.uk.

Overview

The Freedom of Information Act 2000 (amends parts of Data Protection Act 1998)

Environmental Information Regulations 1993/1998. New regulations from 1st January 2005

Right to know comes into effect on the 1st January 2005

Enforcement of above acts – Information Commissioner: www.informationcommissioner.gov.uk

Codes of Practice – Lord Chancellors Office: www.dca.gov.uk

Intention

To encourage a spirit of openness and transparency within the Public Sector

To increase accountability

To empower people, giving the right of access to information they want to see

How will it Work

Anyone/Anywhere can request information Organisation or Individual. No need to mention the Act by name

Applications under FOI must:

• Be in writing – including E-Mail
• Include name and address for correspondence
• Applicants must describe the information they require
• Under EIR Application can be verbal
• Request can be received by any Employee in the Council (Written or Verbal)
• Access is retrospective

The Right to Access

To be told as to whether information is held or not

If it is held – to have that information communicated

Refers to any recorded information in any form

If the information is not to be released then the reason why has to be made clear

Right to Appeal any decision to the Council and eventually to the Information Commissioner

Right to receive help and advice in formulating your request – Construct Letter, Refer to Citizens Advice, Community Groups

Response

Any request must be dealt with promptly

Deadline of 20 Working Days to comply with request

Fees will be charged in accordance with Regulations – not yet agreed

20 Days Period does not start until Fee is paid

Exemptions FOI

Certain Exemptions will apply when considering a Request for Information

There are15 Non-Absolute and 8 Absolute Exemptions

A request for information can also be refused if the request appears to be Erroneous or Fictitious.

Repeat requests might be refused if a reasonable time has not elapsed be requests

Requests can be refused if the information is available from another source

Information will not be released if an absolute exemption applies

Non-Absolute exemptions will be subject to a Public Interest Test. This means that before the Council considers using a Non-absolute exemption then they must carry out test.

The Public Interest Test will balance the public interest in disclosing the information against that of maintaining the exemption (Non-Disclosure)

Taking into consideration all of these exemptions must disclose at all time, where possible.

The Council must think about Disclosure first – Not Exemption

Absolute Exemptions

The following is a list of absolute exemptions:

• Information accessible by other means.
• Information from certain bodies relating to security matters.
• Court records.
• Information, which if disclosed, would amount to a breach of confidence enforceable by law.
• Information another law forbids us to disclose.
• Personal data protected by the Data Protection Act 1998.
• Information subject to Parliamentary Privilege.

Information held by either House of Parliament likely to prejudice the effective conduct of public affairs.

In the case of Absolute Exemptions the Council does not have to confirm or deny that they hold the information.

Non-Absolute Exemptions

Is the Information?

• Intended for future publication
• Required to protect national security
• Related to public sector audit functions
• Related to formation of government policy
• Related to the environment
• Subject to legal privilege
• Health and safety of an individual
• Trade secrets
• From or to the Royal Family
• Likely to prejudice the effective conduct of public affairs
• For the purpose of investigations conducted by Public Authorities

Is the Information likely to prejudice?

• Defence
• International relations
• Relations between UK Administrations
• Economic interests
• Law enforcement
• Health and safety of an individual
  

To Download a copy of the Freedom of Information Act 2000 (Acrobat PDF format) Click here