District Judge John Mitchell on why the wait for what could be crucial information may be coming to an end

The Freedom of Information Act 2000 offers new and important sources of information.

It has been a long time coming.

The code of practice on access to government information came into effect in 1994 and provides an 'information access regime' for central government agencies and associated public bodies.

The present government introduced a Bill for widening access in 1999.

The statute was passed in November 2000.

Although all provisions must be in force by 30 November 2005, the government is 'committed' to bringing them fully into force by next January.

Meanwhile, central and local government and other public bodies are preparing their strategies and publication schemes.

According to the Department for Constitutional Affairs (DCA), many are already putting into the public domain a far greater range of material than hitherto about the decisions they take.

Codes of practice on discharge of functions and management of records have been produced.

Most public authorities, central and local government, police and health authorities and educational establishments should already have their publication schemes in place - the final deadline is 30 June 2004.

Any authority that is lagging behind should consult the Information Commissioner's Web site (www.information commissioner.gov.uk) and the implementation strategy produced by the DCA.

If schemes are in place, staff training on handling requests needs to start now.

Accessing information

Section 1 of the Act states that any person making a request for information to a public authority is entitled to be informed whether it holds information of the description specified in the request and to have that information supplied.

The authority must reply promptly to the request and, in any event, no later than the 20th working day after receiving the request (section 10).

Authorities can charge for the cost of complying (section 13).

Current charges vary.

For example, the Ministry of Defence does not charge for the first four hours, but the rate thereafter is 15 an hour.

The Treasury provides the first hour free, charges 15 an hour for the next three hours and thereafter the full cost.

Public authority

A 'public authority' is one that is listed in schedule 1, is designated by order or is a company wholly owned by the Crown or a public authority listed in schedule 1 other than a government department or one listed only in relation to particular information.

The Act ranges wide.

So far, the listed bodies include central and local government, fire and police authorities and health trusts, as well as such diverse organisations as Sir John Soane's Museum, the Civil Procedure Rules Committee and the Scientific Committee on Tobacco and Health.

Making a request for information may be nearly as productive as searching the Web, but in 2002, only 8% of some 5,212 requests under the code came from business, compared to 40% from individuals, 24% from MPs and 16% from the media.

Exemptions

Significant restraints from disclosure are imposed by section 17.

A request for information may be refused if the information is exempt under part II.

Information is exempt if it is reasonably accessible otherwise than under the Act or is held with a view to future publication and it is reasonable to withhold it until publication.

In addition, information is exempt if:

- It was supplied by or relates to bodies dealing with security matters (section 23) or is required for the purpose of safeguarding national security (section 24);

- Disclosure would be likely to prejudice the defence of the British Isles or any colony or the capability, effectiveness or security of the armed forces (section 26);

- Disclosure would be likely to prejudice relations between the UK and any other state or international body or the interests of the UK abroad (section 27) or relations between administrations in the UK (section 28);

- Disclosure would be likely to prejudice the economic interests of the UK or the financial interests of any UK administration (section 29);

- It is held for the purpose of investigating crime or law enforcement including immigration (section 31);

- It is held by a government department for the purpose of developing public policy or ministerial communications (section 35);

- It is held by a government department or national assembly and disclosure would be likely to prejudice the effective conduct of public affairs (section 36).

There are other exemptions - communications with the Royal family or household (section 37), information provided in confidence (section 41) or if disclosure would be likely to endanger an individual's physical or mental health or safety (section 38).

Refusing to disclose

Some exemptions, for example, relating to information obtainable by other means, or national security, are absolute.

If an exemption is not absolute, information still has to be disclosed unless in all the circumstances the public interest in maintaining the exemption outweighs the public interest in disclosing it (section 2(2)).

If a request is refused, a complaint can be made to the Information Commissioner, who can serve an enforcement notice on the public body.

Under the code in 2002, 20% of requests were refused, of which only about 4% formed the basis of complaint to the ombudsman.

Some complaints were successful.

For example a refusal by the Ministry of Defence to release a list of countries designated as priority markets for UK defence sales was overturned on the basis of public interest.

And UFOs?

In December 1999, strange lights were seen in Rendlesham Forest, near a US airbase in Suffolk.

According to an official report, airmen sent to investigate saw a hovering metallic triangular object, between seven to ten feet across, with a pulsating red light on top and blue lights below, which manoeuvred through some trees before disappearing.

The Ministry of Defence refused to release its file, giving rise to speculation about a conspiracy to cover up a close encounter with a UFO.

A request for the file was made under the code.

The ombudsman overturned a refusal to disclose because of the age of the information.

The file showed that the airmen had probably seen a tractor.

District Judge John Mitchell sits at Bow County Court in London