David Maclean MP aims to limit Freedom of Information

Friday, 19 January 2007, 07:01

David Maclean has already secured his place as a footnote in the history of state secrecy — by becoming the first British Member of Parliament to attempt to water down the UK Freedom of Information Act.

The Tory MP has presented a private members’ bill which will get its second reading in Parliament today.

The long title of Maclean’s Freedom of Information (Amendment) Bill is: “A bill to amend the Freedom of Information Act 2000 to exempt from its provisions the House of Commons and House of Lords and correspondence between Members of Parliament and public authorities.”

It does what it says on the tin — it is an attempt to add another exemption to the many that already exist within the FOIA, which came into force just two years ago.

Last month, Maclean explained the rationale for his billl to his local paper, the News & Star in Cumbria:

If someone approached me and asked for a letter sent to the police or a council about a constituent, I would tell them to go away. But there have been cases where the other body can be approached and things slip through the net.

I want to make sure this cannot happen.

The move would protect constituents and MPs. If an MP writes to their chief constable trying to get off a driving ban – that is totally different. I am flagging up the issue but I expect nothing will happen.

The fact is, Maclean’s fears are unfounded: truly confidential information about private individuals is already exempt from disclosure, under section 40 of FOIA. Anyone who has made a few FOI requests knows that officials just love citing the s40 exemption when blacking out every name before releasing a document. Mr Maclean’s constituents can rest easy.

Parliamentarians should not be attempting to exempt themselves from the same potential future scrutiny that all other people face when they write to a public authority.
Maclean’s bill is unlikely to get anywhere, of course. The far more serious threat to Freedom of Information in Britain remains the Government’s scheme to change the FOIA fees regime in order to make it easier for officials to reject FOI requests on cost grounds.

(Hat tip: Steve Wood’s excellent UK FOIA & Open Government Blog)

Entry Filed under: Freedom of Information,UK

12 Comments Add some more of your own

1. UK Freedom of Information&hellip | 24 January 2007 at 1012

Freedom of Information Bill Martin Stabe has some more information about the above including comments from David McLean MP who has put the Bill forward.
2. IanP | 24 January 2007 at 1141

trouble is this bill has now received its second reading UNAPPOSED. This bill is likely to pass through committee stage.

I have suggested that everyone write to their MP’s asking why this bill is passing unapposed, ask them why they are taking away your right to know, and remind them that they work for you.
http://tinyurl.com/3x22x9
3. IanP | 24 January 2007 at 1144

Tiny Url not working for some reason this morning.

the full URL is;
http://thejournal.parker-joseph.co.uk/blog/_archives/2007/1/22/2672382.html
4. Doctor_Wbble | 24 January 2007 at 1208

Presumably this will also cover e.g. the Commons Library? Currently the only known published location of a number of important documents – not public as such, but nonetheless available via FOI as and when necessary – e.g.when departments try to hide their reports despite ministers announcing publication, putting copies in the library and nowhere else.
5. Martin Stabe » FOI &hellip | 24 January 2007 at 1232

[...] Commenter Ian Parker points out that David McLean’s Freedom of Information (Amendment) Bill has sailed through the Second Reading stage in the House of Commons without objection from MPs. [...]
6. Martin Stabe » How &hellip | 25 January 2007 at 1009

[...] The Guardian’s David Hencke today looks at how the Freedom of Information (Amendment) Bill slipped through its second reading unopposed in the House of Commons: On the day Westminster was convulsed by the revelations surrounding the dawn arrest of Ruth Turner, the senior Downing Street aide, in the cash-for-honours investigation, MPs approved on the nod the second reading of a bill to exclude parliament from the Freedom of Information Act. [...]
7. Martin Stabe » MP p&hellip | 31 January 2007 at 1202

[...] its second reading a few days ago, David Maclean MP’s Freedom of Information (Amendment) Bill sailed through the House completely [...]
8. Freedom of Information (A&hellip | 3 May 2007 at 1540

[...] Martin Stabe [...]
9. William | 18 May 2007 at 0736

Our MP’s continue to disappoint. The rationale for this Bill is a “smoke screen” for MPs . A more like reason is to deny the public access to their expense records and history. This is why a private members bill is receiving so much support.
10. simon | 18 May 2007 at 2137

Looked at an earlier article on your site that said the real danger (to freedom of information) was rejecting enquires on cost grounds, i had taken this on board, but this comment also said “David Macleans bill is unlikely to get anywhere of course”, underestimation in the depths of infamy that our present crop of Politicians are prepared to go.
“Take away that fools bauble, the mace”-Oliver Cromwell addressing Parliament 1653. No point in being a cynic, these people will top you every time.
11. Martin | 18 May 2007 at 2207

Yeah, turns out I got that one pretty wrong, huh. Who would have thought a Private Members Bill would have got so far.
12. simon | 18 May 2007 at 2315

Only if it counts for the people that count.

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