Today we’ve re-added Network Rail to the list of public bodies one can make requests for information from via mySociety’s Freedom of Information website WhatDoTheyKnow.
Network Rail owns, runs, maintains and develops most of the UK’s rail infrastructure including tracks, signalling, bridges, tunnels, level crossings, viaducts. It owns almost all of the UK’s stations and manages the biggest and busiest.
Network Rail is not currently subject to the Freedom of Information Act or the Environmental Information Regulations however we use our site for activism by listing many bodies which are not formally subject to FOI or EIR. Some of these voluntarily comply with FOI, others don’t but we add them because we think they ought be subject to the Act on grounds such as:
- Making public appointments.
- Being substantially publicly funded (this is not a sole reason we would consider an organisation a public body)
- Controlling public assets.
- Having a public regulatory function, including controlling access to trades and professions.
- Controlling significant national infrastructure.
The degree to which Network Rail is a public body is a subject of controversy however a number of the criteria listed above clearly apply to the company.
The Information Commissioner once ruled that Network Rail is a public authority for the purposes of the Environmental Information Regulations however this was overturned by a Information Tribunal Decision in 2007 .
The tribunal decision noted:
[Network Rail] is a major landowner whose estate … in the words of its website, includes “many sites of great environmental, geological, historical and architectural importance” as well as much contaminated land.
The tribunal expressed a view the position of Network Rail in relation to access to information legislation is “clearly unsatisfactory”.
We originally added Network Rail to our site back in 2008 before we had developed the above policies and we closed it to new requests after the first request sent didn’t get a response.
Recently there have been positive indications in relation to access to information held by Network Rail. On the 2nd of February 2012, transport minister Norman Baker speaking in Parliament said:
Network Rail has promised that it is in the process of developing a voluntary information rights code, which will mirror many of the provisions in the Freedom of Information Act. We welcome that initiative and believe that, if properly implemented, it will provide an alternative to legislation. We expect the company to introduce the code alongside a broader package of Government reforms later this year.
This followed an earlier statement, from the 18th of January 2012, by Earl Attlee, answering a written question on behalf of the government:
Network Rail is a private sector company. The Government have no current plans to extend the Freedom of Information Act to the company. However, we welcome the fact that Network Rail is taking steps to enhance its own transparency and is developing a voluntary publication scheme with which it will comply.
The approved model publication scheme used by public bodies which have to have one states:
Information held by a public authority that is not published under this scheme can be requested in writing…
Hopefully our re-listing of Network Rail will help push Network Rail’s openness and transparency agenda along and enable our users to benefit from the new era of openness being promised within the company. Making correspondence related to requests for information publicly available via our site will enable everyone to see how it goes.