Government accused of attempting to water down Freedom of Information Act

“The government has been accused of a “cynical and dangerous” attempt to water down important freedom of information legislation in a campaign uniting journalists and supporters of press freedom launched on Monday.

Campaigners fear government proposals could make it more difficult – and costly – for the media and the public to use the act to access information held by public bodies. After launching a controversial independent commission to look into the issue in July, the government has called for responses to its proposals by 20 November.

Speaking at the Society of Editors annual meeting in London on Monday, Nick Turner, the digital strategy manager of CN Group and president elect of the SoE, called for the society’s 400 members to write to MPs and gather support to fight against any changes to the act.

Launching the campaign Hands Off FoI, in conjunction with Press Gazette and HoldtheFrontPage, Turner said: “This would be a cynical and, indeed, dangerous backward step in the long fight for greater openness and transparency.”

“If MPs really want to serve their constituents, they will support this campaign to maintain the tremendous work of the Campaign for Freedom of Information.”

Maurice Frankel, director of the Campaign for Freedom of Information, which has fought for greater openness for over 20 years, said he feared the government’s supposedly independent commission was made up of people, such as former government minister Jack Straw, who are known to believe that there should be more exemptions under FoI.

“If we don’t do something about it, the act is going to be seriously restricted,” he told the SoE meeting. The campaign group is to hold a briefing on Wednesday to discuss how best to fight government attempts to introduce more restrictions.

Asked about the government’s review of the FoI earlier on Monday, John Whittingdale, the culture secretary, denied that the current review meant that it would be overturned.

“[In the same way] everyone thinks I am going to abolish the BBC just because I am going to look at how it works after 10 years,” he said.

Afterwards, Nick Turner said he found this comparison less than encouraging. He compared the government “looking” at FoI and the BBC to “the way a lion is only having a look at an antelope with a limp”.

Cash-strapped public institutions have criticised the cost of meeting FoI requests but Frankel highlighted the many public interest stories that had resulted from the legislation. One recent local example was the Pembrokeshire chief executive being paid £2,368 a month by the local authority to drive a Porsche sports car.

Introduced in 2004, the FoI Act was described by former Prime Minister Tony Blair as the “cornerstone of constitutional reform”.

Under current proposals, which could be introduced before the parliamentary recess at Christmas, are new charges for requests, changes to make it easier to refuse requests on cost grounds and plans to strengthen ministers’ powers to veto disclosures.

Last month a letter of concern was sent by more than 140 news organisations to the prime minister.

The five-member committee includes: Jack Straw, the former foreign secretary, who is already on the record calling for the act to be rewritten; Lord Carlile of Berriew, who accused the Guardian of “a criminal act” when it published stories using National Security Agency material leaked by Edward Snowden; Lord Howard, whose gardening expenses were exposed following FoI requests; and Patricia Hodgson, the deputy chair of Ofcom, which has criticised the act for its “chilling effect” on government.

It is chaired by Lord Burns, the former chair of Channel 4 and a former permanent secretary to the Treasury.”

http://gu.com/p/4ddq7

“The public law obligation to conduct fair consultation”

“In the recent case of Moseley v Haringey, the Supreme Court considered the necessary ingredients of proper consultation by a local authority. The Court endorsed a set of six requirements. It remains to be seen how the requirements set out in this case will translate across other types public authority consultation.

Moseley concerned the introduction of a new Scheme for council tax relief in Haringey. The council had consulted residents on their draft Scheme, as required by statute. The appellants successfully argued that the council’s consultation had, incorrectly, assumed that the council’s preferred approach was the only option available. Alternative approaches were not set out in the consultation documents, and they should have been, if only to explain why they were not appropriate.

Haringey’s consultation exercise was declared unfair and therefore unlawful, but the Court concluded that ordering a fresh consultation would not be proportionate in the circumstances. The Court also highlighted specific statutory duties placed on public authorities from time to time; in this case there had been a duty on the council to ensure public participation in the decision-making process, which Haringey had failed to fulfil.

In carrying out consultations, public authorities must be mindful of both their common law duty of fairness, and their obligations under statute.

Consultation requirements

Amongst other things, the judgment endorses six general principles: the four “Sedley criteria” plus two additional principles arising from wider case law.

​So, what are the Sedley criteria? In R v Brent London Borough Council, ex p Gunning it was accepted that the following four “basic requirements are essential if the consultation process is to have a sensible content”:​

1. “a consultation must be at a time when proposals are still at a formative stage”
2. “the proposer must give sufficient reasons for any proposal to permit of intelligent consideration and response”
3. “adequate time must be given for consideration and response”
4. “the product of consultation must be conscientiously taken into account in finalising any statutory proposals”
In addition, the Court also endorsed two further general principles:

5. “the degree of specificity with which, in fairness, the public authority should conduct its consultation exercise may be influenced by the identity of those whom it is consulting.”

Is the public authority consulting e.g. local authorities, or members of the public? The latter and “particularly perhaps the economically disadvantaged” may require the consultation to be laid before them to a greater degree of specificity than the former, in order to be able to respond satisfactorily.

6. “the demands of fairness are likely to be somewhat higher when an authority contemplates depriving someone of an existing benefit or advantage than when the claimant is a bare applicant for a future benefit.” (citing Simon Brown LJ in R v Devon County Council, ex parte Baker [1995] 1 All ER 73).

Whilst the Supreme Court’s approval of these principles provides a helpful steer, it is not clear how they will be applied to consultations with different facts. In addition, Lord Reed stressed that, “The content of a duty to consult can… vary greatly from one statutory context to another… A mechanistic approach to the requirements of consultation should therefore be avoided.”

http://www.bwbllp.com/knowledge/2014/11/04/the-public-law-obligation-to-conduct-fair-consultation/

Developer reveals Knowle luxury retirement homes plan

Despite assuring people that this would not be a gated community, the statements made were somewhat vague (except, of course, there will be no affordable housing):

Number of homes: undecided

“Most” people expected to be local

Facilities “could be” open to the public

Hmmm …

http://www.sidmouthherald.co.uk/news/developer_reveals_hopes_for_knowle_1_4273815

Pegasus homes recently developed in Cornwall start at around £300,000 for a one bed flat and £600,000 for two beds plus service charge.

Westcountry MP on Commons Standards Committee fails to declare massive earnings on time

[Geoffrey Cox MP – Torridge and West Devon] …
is known as one of parliament’s highest earners, and has argued that continuing to practise law alongside his parliamentary duties means he has “practical experience of a world outside politics”.

“According to the latest register of members’ financial interests, Mr Cox received £325,000 on June 15 and 16 this year for 500 hours of work carried out between June 2014 and March 2015.

… Under Commons rules external income needs to be registered within 28 days, but the sum was not declared to the authorities until September 30.”

A number of other payments also appear to have been registered late.”

http://www.westerndailypress.co.uk/Devon-MP-Geoffrey-Cox-QC-resigns-parliament-s/story-28012067-detail/story.html

The (party) politics of housing

“… Homeowners are more than twice as likely to vote Conservative as Labour and those in social rented homes are more than twice as likely to vote Labour as Conservative. Housing has always been tribal.

It is generational too. According to the last census, among the over 50s more than 80% are owner-occupiers. But among the under 35s, a majority are in the rented sector. What is more, twice as many pensioners voted Conservative as Labour at the last election. …”

http://www.bbc.co.uk/news/uk-34570348