On Monday the 12th of April 2010 Parliament was formally dissolved in advance of the forthcoming general election. This has prompted some interesting, and rather bizarre, responses to the Freedom of Information requests which have been made to the House of Commons and House of Lords since dissolution. Each such request made via mySociety’s Freedom of Information website WhatDoTheyKnow.com has received a standard reply stating:
When Parliament has been dissolved there is no ‘House of Commons/Lords’ for the purposes of Part 1 of Schedule 1 to the 2000 Act, and there is therefore no ‘public authority’ to which the 20 day deadline under section 10 of the 2000 Act is capable of applying. The time limits do not, therefore, apply during the period of Dissolution.
The effect of the 2000 Act, including its time limits, resumes when the new House of Commons/Lords first meets.
Requests which were due to receive a response during the period parliament is dissolved have had their “clocks” stopped, with notices saying:
As your request was received before the House dissolved, the 20 working day time limit of your request will be split, ceasing on 12 April 2010 and resuming on 18 May 2010 when the new Parliament first meets.
As mySociety’s Freedom of Information website WhatDoTheyKnow automatically publishes requests, correspondence and responses online it’s not just the requestors who can see those responses, anyone can.
During the 2005 election according to the UK FOI blog Parliament placed a notice on its website saying it had consulted with the Information Commissioner and agreed the procedure for extending the time limit for a response.
Clearly the Houses of Parliament still have staff employed and people are still acknowledging the FOI requests. While both houses have stopped meeting, the institutions behind them must surely still be operating, and to claim they have ceased to exist is bordering on the utterly ludicrous.
Are the staff who would otherwise be in a position to respond to requests for things like viewer statistics for the Parliament Live TV stream, content of the Commons’ Intranet or cost of the Parliament Education Service not at their desks at the moment? If they are who’s employing them? Who’s paying them? While it is presumably a busy time for those staff preparing for a new intake of MPs; you might think that without MPs and Lords around it may be a quite time for many staff who might want to use the opportunity to catch up with correspondence like FOI requests. Perhaps in the midst of all this rather British oddness we should be happy that at least the parliament website hasn’t been turned off at this time of peak interest in the nation about parliament and our democratic system.
WhatDoTheyKnow already has to be aware of public holidays and follows some rather complex rules when it comes to calculating deadlines for responses however we have decided against updating the system to deal with this new and unexpected situation. We don’t think it is right that the institution of Parliament should consider itsself not to exist during an election period. We still be marking FOI requests as “late” when the twenty working day statutory time limit has expired regardless of the odd stance being taken by Parliamentary officials.