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Fear that charging system will curb freedom of information PDF Print E-mail
The Scotsman

By Hamish MacDonell

February 22, 2006

MINISTERS are likely to introduce a new charging regime for freedom of information requests to cut down on the number of inquiries made, it emerged last night.

Margaret Curran, the minister for parliamentary business, believes that fees should be charged to stop individuals submitting multiple requests which can take months to sort out.

The Executive is currently consulting on plans to reform the Freedom of Information Act. An Executive spokeswoman said that while Ms Curran does not believe in blanket charges on every request, she wants something to be done to stop hundreds of requests being tabled by the same person at the same time to the same authority.

Under the current system, the first £100 worth of work on obtaining the information is free to the applicant. There is a 10 per cent additional charge up to £600 and after that the bodies can charge the full amount for their efforts or refuse the request.

News of Ms Curran's determination to change the system came as Kevin Dunion, the Information Commissioner, published his annual report today.

Mr Dunion said the Scottish public had "enthusiastically embraced" the Freedom of Information Act in its first year, 2005, and the legislation had been a success. He did express concern at the failure of some public bodies to respond to requests for information, but the general tone was favourable.

However, insiders at the Information Commission said Mr Dunion was preparing for a battle with ministers over proposals to levy higher charges, a move which the commissioner feels would undermine the basic principles of the legislation.

A source said: "There is a very real danger of this happening. They [people in the Executive] have been complaining about the cost of answering questions and the drain on staff time. Ministers are reviewing it and a charging system may be the next step."

Ms Curran, the minister for parliamentary business, raised the prospect of a new fee structure last October. A consultation will be completed by the end of next month.

Ms Curran said last year that ministers were keen to learn lessons from the experience of the first year of the act and one part of this might be to look at the "fee structure".

Ministers have studied the Irish example, where the Dublin government introduced a flat £10 charge for all information requests and a £100 charge for appeals. However, as a result, the number of freedom of information requests dropped by almost a third.

Also as part of the review, the Executive is considering whether more public bodies should be included in the scope of the act.

Although 10,000 bodies are covered by freedom of information legislation, more - including private prisons and housing associations - could soon be included.

Kenny MacAskill, for the SNP, said: "A modest charging regime is legitimate, but that is catered for in the current system.

"What we do not want is an attempt to undermine the principles of the act by imposing a financial penalty on those requesting information.

"Parliament, and many individuals in it, have suffered as a consequence of the act, but we all recognise that it is in the best interests of the public and the parliament."

The first high-profile victim of the act was David McLetchie, who resigned as leader of the Scottish Tories after details of his taxi expenses emerged.

 
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