Ninth Report - The Cabinet Office Freedom of Information Clearing House

Select Committee
Public Administration and Constitutional Affairs Committee HC 505 29 April 2022
Report Status Government responded
Conclusions & Recommendations 14 items (7 recs)
Source View on Parliament website
Government Response (AI assessment · 14 of 14 classified)
Accepted 4
Acknowledged 4
Deferred 2
Not Addressed 2
Rejected 2

Recommendations

7 results
2 Accepted
Para 20
A greater level of transparency is required about the Clearing House.
Recommendation
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 … Read more
Government Response Summary
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.
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5 Not Addressed
Para 30
The Cabinet Office should accept the Information Commissioner’s offer to undertake its proposed audit to...
Recommendation
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 … Read more
Government Response Summary
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.
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6 Not Addressed
The Cabinet Office should produce and publish an action plan in response to the findings...
Recommendation
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 … Read more
Government Response Summary
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.
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8 Accepted
Para 46
The Cabinet Office should review these practices and their own compliance with the Freedom of...
Recommendation
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 … Read more
Government Response Summary
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.
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10 Acknowledged
Para 58
The Cabinet Office should drive a cultural shift from mere baseline compliance with the Freedom...
Recommendation
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 … Read more
Government Response Summary
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.
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11 Rejected
Para 59
The Cabinet Office should also issue clearer cross-government guidance on the need to maintain public...
Recommendation
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 … Read more
Government Response Summary
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.
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14 Rejected
To ensure clearer lines of accountability and to aid the Freedom of Information responsibilities of...
Recommendation
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 … Read more
Government Response Summary
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.
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1 Conclusion Acknowledged
Para 19
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 was previously available, and what was requested by our predecessor …
Government Response Summary
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.
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3 Conclusion Accepted
Para 28
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 Office’s decision was misjudged given the Information Commissioner’s Office’s Freedom …
Government Response Summary
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.
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4 Conclusion Accepted
Para 29
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 own Freedom of Information operations. It is now eight months …
Government Response Summary
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.
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7 Conclusion Deferred
Para 45
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.
Government Response Summary
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.
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9 Conclusion Acknowledged
Para 57
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 of the Clearing House. However, we note a lack of …
Government Response Summary
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.
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12 Conclusion Acknowledged
Para 66
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 Machinery of Government split with financial responsibility for the Information …
Government Response Summary
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.
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13 Conclusion Deferred
Para 67
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. Evidence submitted to the Committee suggests that until recently the …
Government Response Summary
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.
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