The Cabinet Office Freedom of Information Clearing House
Public Administration and Constitutional Affairs Committee
Closed
Inquiry
The Public Administration and Constitutional Affairs Select Committee is holding an inquiry into the Cabinet Office’s implementation of the Freedom of Information Act 2000.
7
Recommendations
7
Conclusions
1
Report
2
Oral sessions
9
Letters
2
Events
Activity timeline 15 events
7 Jul
2022
2022
28 Jun
2022
2022
28 Jun
2022
2022
8 Jun
2022
2022
8 Jun
2022
2022
17 May
2022
2022
29 Apr
2022
2022
8 Feb
2022
2022
14 Dec
2021
2021
25 Nov
2021
2021
Oral evidence
25 Nov
2021
2021
Formal meeting (oral evidence session) · The Grimond Room, Portcullis House
26 Oct
2021
2021
Oral evidence
Oral evidence sessions 2 sessions
25 Nov 2021
View on parliament.uk
The Cabinet Office Freedom of Information Clearing House
Andrew White · Information Commissioner's Office
Elizabeth Denham CBE · Information Commissioner's Office
26 Oct 2021
View on parliament.uk
The Cabinet Office Freedom of Information Clearing House
Dr Ben Worthy · Birkbeck, University of London
Dr Mária Žuffová · European University Institute
Gavin Freeguard · Connected by Data
Jenna Corderoy · Open Democracy
Martin Rosenbaum
Mr George Greenwood · The Times and Sunday Times
Reports 1 report · click to expand
| Title | HC No. | Published | Items | Response |
|---|---|---|---|---|
| Ninth Report - The Cabinet Office Freedom of Information Clearin… | HC 505 | 29 Apr 2022 | 14 | Responded |
Recommendations & Conclusions
14 results
1
Conclusion
Acknowledged
Ninth Report - The Cabinet Office …
Through disclosures about the Clearing House over time, the Government has sought to make amends...
Through disclosures about the Clearing House over time, the Government has sought to make amends for the absence of information regarding a core component of the Government’s Freedom of Information machinery. However, the level of disclosure falls short of what …
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Government Response
The government acknowledges the Committee’s concerns about the level of transparency about the Cabinet Office’s Clearing House function and states that information is available on gov.uk and is in line with information published by previous administrations. They will await recommendations of the review led by Sue Langley OBE.
2
Recommendation
Accepted
Ninth Report - The Cabinet Office …
A greater level of transparency is required about the Clearing House.
A greater level of transparency is required about the Clearing House. To further allay concerns about the Clearing House, a greater volume of data on its performance should be published. As a minimum, the Cabinet Office needs to publish the …
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Government Response
FOI compliance statistics are already published on a quarterly basis on gov.uk and states that in 2021, the Cabinet Office’s performance consistently met and exceeded the ICO’s published standard. The government has shared the letter from the Director General for Propriety and Ethics to the then Information Commissioner setting out the reasons why they believe that an internal review rather than an external audit is a proportionate response.
3
Conclusion
Accepted
Ninth Report - The Cabinet Office …
It is disappointing that the Cabinet Office rejected the Information Commissioner’s Office’s offer to undertake...
It is disappointing that the Cabinet Office rejected the Information Commissioner’s Office’s offer to undertake a Freedom of Information Audit, and we are concerned both by this refusal itself and by the precedent this may set across Government. The Cabinet …
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Government Response
The government defends its decision to conduct an internal review of FOI handling, citing the Information Commissioner's Office's statistics on FOI compliance and stating that the internal review will provide further reassurance about the nature and role as well as looking to provide a positive opportunity to enhance practice where possible.
4
Conclusion
Accepted
Ninth Report - The Cabinet Office …
Further, the Committee notes with concern the Cabinet Office’s failure to deliver on its promise...
Further, the Committee notes with concern the Cabinet Office’s failure to deliver on its promise of a short internal review. The Cabinet Office also missed an opportunity to expose itself to a rigorous third-party review which could have improved its …
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Government Response
The government claims all FOI requests are handled on an applicant blind basis and that Clearing House's processes are compliant with legislation. It states it would be wrong for the Cabinet Office to intervene in another department's procedures and decisions.
5
Recommendation
Not Addressed
Ninth Report - The Cabinet Office …
The Cabinet Office should accept the Information Commissioner’s offer to undertake its proposed audit to...
The Cabinet Office should accept the Information Commissioner’s offer to undertake its proposed audit to reassure the public that the Government’s approach to Freedom of The Cabinet Office Freedom of Information Clearing House 25 Information requests is compliant with the …
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Government Response
The government states its full commitment to transparency but does not address the Information Commissioner's offer to undertake an audit. The response then discusses FOI request statistics, online transparency, and ARIA's exemption from the FOI Act.
6
Recommendation
Not Addressed
Ninth Report - The Cabinet Office …
The Cabinet Office should produce and publish an action plan in response to the findings...
The Cabinet Office should produce and publish an action plan in response to the findings of the Information Commissioner’s Office’s audit, and provide it to this Committee no later than the end of this year. (Paragraph 31) The Cabinet Office’s …
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Government Response
The government states it is fully committed to transparency and routinely discloses information well beyond its FOI obligations, and releases more proactive publications than ever before. They state they have no plans to revisit the ARIA decision.
7
Conclusion
Deferred
Ninth Report - The Cabinet Office …
During the inquiry, the Committee received multiple examples of poor FOI handling in central Government...
During the inquiry, the Committee received multiple examples of poor FOI handling in central Government departments, particularly in relation to non-applicant blind handling, how Public Interest Tests are evaluated and delays in Freedom of Information handling.
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Government Response
The government states that the ICO's sponsor department is DCMS, which works with the Cabinet Office to stay updated on FOI policy and discuss budgetary responsibility, to avoid potential conflicts of interest.
8
Recommendation
Accepted
Ninth Report - The Cabinet Office …
The Cabinet Office should review these practices and their own compliance with the Freedom of...
The Cabinet Office should review these practices and their own compliance with the Freedom of Information Act to model best practice. This should include, in particular, the adoption, where possible, of applicant-blind processing of requests; clear guidance on the very …
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Government Response
The government states that all FOI requests are handled on an applicant blind basis and the Clearing House’s processes are completely in line with relevant legislation. They also state that it would be wrong for the Cabinet Office to intervene in another department’s procedures and decisions.
9
Conclusion
Acknowledged
Ninth Report - The Cabinet Office …
A strong functioning Freedom of Information system requires proactive leadership with a strongly supportive culture...
A strong functioning Freedom of Information system requires proactive leadership with a strongly supportive culture and an enthusiastic tone at the top of Government. We therefore welcome the strong tone adopted by the Government in response to critical press coverage …
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Government Response
The government states it is fully committed to transparency and routinely discloses information well beyond its FOI obligations, and releases more proactive publications than ever before. They state they have no plans to revisit the ARIA decision.
10
Recommendation
Acknowledged
Ninth Report - The Cabinet Office …
The Cabinet Office should drive a cultural shift from mere baseline compliance with the Freedom...
The Cabinet Office should drive a cultural shift from mere baseline compliance with the Freedom of Information Act to a greater advocacy for the core principles and tenets of the Act through proactive leadership across Government including examining whether there …
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Government Response
The Government states it is fully committed to transparency and discloses information beyond FOI obligations. Mentions the Code of Practice issued under section 45 of the Freedom of Information Act 2000 but does not commit to any new action.
11
Recommendation
Rejected
Ninth Report - The Cabinet Office …
The Cabinet Office should also issue clearer cross-government guidance on the need to maintain public...
The Cabinet Office should also issue clearer cross-government guidance on the need to maintain public record to take into account the rise of private messaging systems. Finally, the Government needs to revisit its decision to exempt the Advanced Research and …
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Government Response
The government committed to transparency and revising guidance on maintaining public records, but rejected revisiting the decision to exempt the Advanced Research and Invention Agency (ARIA) from the Freedom of Information Act, as it was extensively debated and agreed to by both Houses of Parliament.
12
Conclusion
Acknowledged
Ninth Report - The Cabinet Office …
The Information Commissioner’s Office plays an important enforcement and advocacy role for Freedom of Information.
The Information Commissioner’s Office plays an important enforcement and advocacy role for Freedom of Information. The Committee notes with concern the financial pressures facing the organisation which are not commensurate with the caseload it faces. The Committee notes the unsatisfactory …
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Government Response
The Government believes it is important that the Information Commissioner’s Office is funded at a sufficient level to enable the Commissioner to carry out his statutory functions. DCMS works with the Cabinet Office to remain updated on Freedom of Information policy and to discuss budgetary responsibility where appropriate.
13
Conclusion
Deferred
Ninth Report - The Cabinet Office …
The Cabinet Office is the departmental sponsor of the Freedom of Information Act, and Freedom...
The Cabinet Office is the departmental sponsor of the Freedom of Information Act, and Freedom of Information policy more generally. We therefore expect that there should be a stronger working relationship between the Information Commissioner’s Office and the Cabinet Office. …
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Government Response
The government states that the ICO's sponsor department is DCMS, which works with the Cabinet Office to stay updated on FOI policy and discuss budgetary responsibility, to avoid potential conflicts of interest.
14
Recommendation
Rejected
Ninth Report - The Cabinet Office …
To ensure clearer lines of accountability and to aid the Freedom of Information responsibilities of...
To ensure clearer lines of accountability and to aid the Freedom of Information responsibilities of the Information Commissioner’s Office, the Government should consider how to better align departmental policy responsibility and financial responsibility for the Information Commissioner’s Office’s Freedom of …
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Government Response
The government believes the current governance structure helps to avoid any perception that there is a potential conflict of interest with FOI policy and declines to change departmental policy or financial responsibility.
Correspondence 9 letters
28 Jun 2022
To committee
Letter from Lord True CBE, Minister of State, Cabinet Office on the Cabinet Office Freedom of Information Clearing House Internal Review, dated 17.6.22
Parliament page
28 Jun 2022
To committee
Letter from John Edwards, UK Information Commissioner, Information Commissioner's Office on the Cabinet Office Freedom of information Clearing House internal review, dated 21.6.22
Parliament page
8 Jun 2022
From committee
Letter to Jonathan Edwards, Information Commissioner on the Cabinet Office Freedom of Information Clearing House Internal Review, dated 8.6.22
Parliament page
8 Jun 2022
From committee
Letter to Sue Langley OBE, Lead Non-Executive Director, Home Office on the Cabinet Office Freedom of Information Clearing House Internal Review, dated 8.6.22
Parliament page
17 May 2022
To committee
Letter from Lord True, Minister of State, Cabinet Office on the PACAC inquiry into the Cabinet Office Freedom of Information Clearing House, dated 28.4.22
Parliament page
8 Feb 2022
To committee
Letter from Rt Hon Steve Barclay MP, Chancellor of the Dutchy of Lancaster on Cabinet Office's Freedom of Information Clearing House, dated 1.2.22
Parliament page
14 Dec 2021
Correspondence from James Dipple-Johnstone on The Cabinet Office Freedom of Information Clearing House dated 3 December 2021
Parliament page
7 Sep 2021
To committee
Letter from Chloe Smith MP, Minister of State for the Constitution and Devolution on the Clearing House, dated 31.8.21
Parliament page
29 Jun 2021
From committee
Letter to Navendu Mishra MP on Cabinet Office Clearing House Judgement, dated 29.6.21
Parliament page