LOOSE MINUTE DG lnfol\l2l3l2 22 November PS/2"d PUS PS/Personnel Parliamentary Clerk D Info(Exp) CHANCELLORS ANNUAL REPORT ON IMPLEMENTATION FREEDOM OF INFORMATION 3l2l3l2 dated The intention to highlight publication of information on alleged UFO sightings at a Ministerial briefing for the media to the Lord Chancellors annual report on implementation Freedom of lnformation (FOl) Act. Recommendation is invited note that: information to be highlighted conference will be available for the MOD Press enquiries. The Lord Chancellors Annual Report and Yvette Cooperwill briefing for media represenlatives Backqround each anniversary November), the Lord Chancellor to report to Parliament that has been made implementing the advance copy embargo until 28 November). We had opportunity to comment the three references to MOD 26) are non-controversial. the report due to be announced through arranged with the Lord Chancellors the Minister with lead responsibility Yvette Cooper - intends to hold a media briefing on 28 the main intention to highlight tangible achievements, the briefing will focus government department Publication the timetable by the Lord Chancellor the requirement was for all such the Information Commissioner 30 November that we have received confirmation that (circulated under Reference A) has secured the necessary approval: arrangements available on MODs 30 November. Mrs Cooper was conscious the value of Publication be necessary that they would be the vehicles for making some significant information that had not been previously. therefore asked all departments to identify to demonstrate of the initiative. Unfortunately, the response was not as MODs Publication Scheme does include a significant amount of material that has not been like other departments, we found it difficult to offer examples that would be eye-catching to a non sPecialist that continues to attract somewhat wider interest, however, alleged sighting was for this reason that of Information on the was included the disappointing departments, on this as elample to cite wtxnrn-ne Puorcdtron Scirerne to withhold our agreement However, we have stressed that the subject business and that it should such! Having said this, it example of the benefit that might flow having a Publication Scheme: by making such material available proactively to reduce the administrative effort involved in handling individual We understand that Mrs Cooper intends to draw attention to the Information and that a briefing pack provided representatives then include an from one of the information items Rendlesham file). This file to individual applicants but it has available. Enclosure background the file and of Information Presentation by holding this media briefing, LCD coverage. While certainly true ihat government departments have had to their Publication Schemes it quite possible of the media will nonetheless the initiative and doubtful about claims that there openness. Indeed, the briefing could be taken government has resisted calls 22 November Lines to take: Freedom of Information MOD Publication What is the scope of MODs Publication Scheme? covers the whole of MOD. This includes the department Armed Forces, Agencies, and Trading Funds. Some of the Non-Departmental Public Bodies affiliated to MOD have also elected Has MODs Scheme been approved by the Information Commissioner? Yes, we received confirmation this in a letter dated has approval for four November 2006). How many classes of information are included in MODs Publication Classes of Information and almost within the scope of these Classes the Rendlesham File is regarded alihough it is made up of over 170 separate documents.] What subjects do the Glasses of Information cover? including recruitmeni and personnel policy, education of children, scientific climatological information; military flying, operational analysis reference documents, and access to the defence estate. MOD will accordance with the definition of each of Information. now the main releasing information? Publication are the channel through which authorities commit to releasing defined Information on continuous basis. Not all information suitable for dissemination information on current will continue to be more appropriate for publication to expand the Publication Scheme? authorities have to keep their Publication under review, As we intend to look for opportunities to add new Classes of Information to the MOD Publication Scheme Rendlesham File Why hasnt MOD has released the file to individual members of the on request, Publication Scheme opportunity to make available. What makes the file appropriate for inclusion in the Publication Act requires authorities to iake account interest when deciding the content of Publication Schemes. We from the number of that this subject is of interest to members take an interest in The MOD examines reported sightings solely to establish whether they evidence that the United Kingdoms airspace might have been compromised by hostile or unauthorised Open Government embracing the culture of openness? is currently MOD to comply with the of Practice Government Information. The is being supplanted by the Freedom Information which will important new responsibilities on authorities: MOD understands this and intends to take its statutory obligations seriously. Well aware that MOD is seen by many as being a secretive Department. believe this is entirely fair. A determined efiort has make more information redoubled with implementation Open Govemment Investiqation bv the Parliamentary only if needed: True that MOD is being investigated for withholding information? of Practice on Access to Government Information, MOD is entitled to withhold information if is covered by an exemption and we believe that associated with disclosure outweighs the the applicant wants decision to be reviewed for a review: the Parliamentarv currently conducting a review involving What does the information relate Not appropriate or relevant to asked to confirm Relates to the circumstances accidents involving nuclear weapons. investigation confirm that MOD is committed to openness? of Practice and the Act both recognise that there will always be some information that would be inappropriate to make investigaiion simply shows that the decisions taken by authorities subject to independent Ww-mmNffi$rere $mffwnffiKwff$wm Annual report bringing fully into force those provisions Information Parliament Chancellor 87(5) of the Freedom of lnformation Act 2000 the House of Commons November 2002 FREEDO[,,I OF INFORMATION flmatflmrets Forcword by Lord Chancellor Highlights of Exanples of Good Practice in hblic Arthoritir5 SecoldaryLegiilatior Rylew of legishtlon frohibithg thc Dirclost|re of Infoflratiqr Progrir Towrdi l|r|plctt|cnt.tion Coln|t|encGlltent Til!tablG Work of the Advisory crorp on Inplnentrtion of t{re Act t\l it.r-x csidance for Certral Goverrtttent and No|t"Departnc|rtil Bodir on Prblicadon Schemer nder thc Freedon of lrformation Act Publication Scheme 6uidance Existing Schefies for hoyiding Accass to ll|forfi|atlon Covernment Code of Practice on Access to Covernment Information Practiae 0n Openness in the NHs IndividualJRightofAccess to their Pe6onal Data under the Data Protection Information under Environmental Information Requlations Government lnformation The Lord Chancellor lay order has been made which extend5 the coveraqe of betore Parliament the second Act t0 include authorities. The rules Information Ttibunal have also been amended to to decide on implementing the Freedom Information AsL compljints about authorities publication At the same time as this Report is published I arnounced the publication updated Report provisions concelning disclosure 5ince the Act was both encouraging and necessary, this primarily relevanl stluctures to co-ordinate implementation Act and the making technical legislative provisions. I am happy information. Thi5 Report identifies Df legislation which unnecessarily the disclosute of information which the Covernment intends repeal or amend. This evidences the Covernments deternination to unnecessary secrery has seen the coming into force of the aspects of the Act, in accordance with implenrentation for the Act which on the I3th November 2001. over the course Together these are important step5 in i$plqmentation my Department has been engaged in consulting on and Act, but there still mu[h to do in those a range ofsecondary leqislation and Codes of Practice which implement signiflcant for the coming publication provisions. authorities should also be developing a continuing proqtamrne step in the jmplementation ha5 been the coming into force publiration provisions of the Act for the wotktoensure the oiaccess operates smoothly and effectively from Janoary 2005. authorities duty on those authorities, There are many elements to ensuring successful lementation. 6ood records including all central governrnert department information that publishing Publication schenes should be an manage$ent and administrative procedures authofities have the capability foI infolmation. Sfaffwill need to be trained 50 know what the requirements tequests for cataly5t for changing the authorities and encouraging the dis:emjnation of information. They should serye as a motor for the declassification previously unavailable information. Act are and infolmation corectly. to be a clear important step acceptan[e of responsibility at seniot Earlier this I laid before Parliament two Codes of Practice under sections and 46 ofthe Act. Respectively, these speciry authorities should these chanqes they are co-ordinated in the most elfective manner Freedom ofinformation fundamental reexamination in dealing requests for information and corfidentiality clauses in contracts authorities; and in fecord5 management procedures. ln addition an which authorities carry out coomunicate what they do. Without co-ordination at senior level the disparate to bring thi5 chanqe about, authorities OF INFORMATION not reap the benefits the Act can bring, Details ot how central 6overnment in this Report. tackling this issue can be This Report details the being made on these fronts, pafiicularly in those authorities included in the implementatiofl. folward to being able made in the su.cessive waves. The Rt. Hon The Lord lrvine November 2002 Hrcnr-rcnrs WAlgh|ights Siflce the LDrd Chancellors la5t Parliament in publication updated report 0n legislation November 2001 there has been significant and made on bringing into force provasionJ of the Freedom of information Act 2000. This builds on prohibiting the discl0sure of information. Thi5 identifies items of legislation prohibiting disclosure information which the oovernment intends section 5). the made in the implementation which, for the most involved ensuring list of the provisions Act which are already in force, and the timetable for the implementatioa the relevant structures in 6ovetnment were the requisite legal provisions had beefl made. Chancelloi announced November 2001, fest of the provisions of the Act are included at Annex ln addition, work is being undeftaken throughout the of lnformation Act be implemented in stages, according sees the first significant plovisions publicsectorto implementation Act. This report preparations Achievements being made in each wave of implementation with a Extending the coverage include more authorities particular authorities included in thefirstwave. need for these authorities iorce of the publication provisionsofthe theflEtwave ofpublic authoritjeS all central departnrents and many non-departmental 30 Novembet publication scheme u nder the Act. Following consultation government depatments Chancellorl Department issued publication government departments and non-departmental bodies in July this to supplement lnformation Commissioner. This authorities will have adopted publication scheme, approved by the Information commissioner, which details the classes ofinformation reproduced also looks at make available public. progress has been made acloss a lange and awarefless raising, adninistrative under section the Act. This sets out the authoritie5 should when dealing with lequestj information for openness in contracts they sign res, and records management. examples are included in section 3 and 6.I below. Existing Schemes to Information deal of work The issuing under sectaon 46 of the Act. This sets right of access comes into force in January 2005. publication scheme requirements of the Act authorities in managing (see seEtion 4.3). into force from November 2002 onwards, wait right rcmes into torce before make requests for information authorities. range ofschemes already exist. some administrative, others statutory, which