1. Could you join the WhatDoTheyKnow team?

    About six million people a year visit mySociety’s Freedom of Information website WhatDoTheyKnow.com; there are well over 100,000 registered users, and over 385,000 requests have been made via the service.

    Of course, it’s fantastic that WhatDoTheyKnow is so well used, but the growth and popularity of the site brings its own challenges, not least the day-to-day admin that keeps the site running.

    Many aspects of the site’s operation are run by volunteers, supported by mySociety’s staff and trustees — and due to the site’s success we’re looking to expand the volunteer team.

    What does volunteering involve?

    The work is pretty varied, but there are some frequent and recurring tasks:

    Dealing appropriately with requests to remove material from the website

    This is one interesting challenge which arises fairly often. Sometimes these requests are from public bodies who’ve released information they didn’t mean to; and they can also come from individuals and companies who are named in correspondence on the site.

    These decisions are not always as black and white as you might expect. Some recent examples where we had to carefully consider the balance on both sides were:

    Responding promptly and accordingly to accidental releases

    Thankfully, the frequency with which public bodies accidentally release personal information in bulk via Freedom of Information responses is decreasing, but the WhatDoTheyKnow team still have to act promptly when this does occur.

    Supporting users

    We often help users on both sides of the FOI process. For requesters, we can answer questions about FOI and how to use it, and we also work with the staff of public bodies who are at the receiving end of requests.

    And all the rest

    There’s always more that can be done to promote the service, draw attention to interesting correspondence on the site, and lobby for improvements to our access to information laws.

    The wider team at mySociety help people around the world to establish and run their own online Freedom of Information services; and new features are being added to the UK site to make it more attractive to professional users such as journalists and campaign groups. Volunteers have the opportunity to get involved in these activities, helping steer the direction of new projects, based on their frontline experience of being a site administrator.

    Keeping the database of thousands of public bodies up to date is another challenge, especially given the frequency of reorganisations in the UK’s public sector.

    Commitments

    We work primarily by email, with regular video conferencing meetings, and occasionally meet up in person.

    As a volunteer, you can decide how much time you put in, and what aspects of running the service you decide to take part in — but ideally we’re looking for people who can spare at least an hour or two, a couple of days a week.

    We understand that people’s external commitments vary over time, and of course, there’s a flexible approach if a team member needs to step away for a stretch now and then.

    What makes a good WhatDoTheyKnow volunteer?

    There’s one characteristic that all the WhatDoTheyKnow volunteers have in common: a belief in the value of Freedom of Information, or, more widely, the expectation of transparency and accountability from the bodies which citizens fund.

    As for practical skills: perhaps you’ve been involved in moderating discussions on the web, or have experience with access to information, defamation, or data protection law. Or perhaps you have, or would like to gain, experience dealing with “customers” by email.

    Primarily we’re looking for people capable of making good judgements, and who can communicate clearly online.

    Before joining the team, new volunteers will have to agree to follow our policies covering subjects such as security and data protection. That said, part of the role may be, if desired, taking a part in developing and refining these, and other, policies as the service grows and changes.

    How to apply

    If helping us run WhatDoTheyKnow sounds like the kind of thing you’d be interested in doing, then please do apply to join us.

    We only have the capacity to bring on and train a few volunteers at a time, and it is important that those chosen to help administer the service are trustworthy and committed to its policies, direction and non-partisan stance. For these reasons, we are recruiting volunteers via a formal application process.

    To apply please write to us before the 20th of March 2017, introducing yourself, and letting us know about any relevant interests or experience you have.

    What do we offer in return?

    As a volunteer, the main reward comes from the satisfaction of assisting users, making good decisions, and helping run what is fast becoming a key part of the country’s journalistic and democratic infrastructure.

    Volunteers may be invited to mySociety events and meet-ups, providing a chance to take part in discussions about the future direction of the service and the organisation’s activities more generally. There have been a number of conferences held, where those running Freedom of Information sites around the world have got together to share experiences: one or more volunteers may be invited to join in, with travel expenses paid.

    Other ways to help out

    If volunteering to join the WhatDoTheyKnow team isn’t for you, perhaps there’s something on mySociety’s Get Involved page that is — or you could:

    Image: MarkBuckawicki [CC0], via Wikimedia Commons

  2. Highlights from our Cambridge meet-up


    mySociety regularly holds events to discuss digital democracy, open data, civic coding and more. Earlier in November we were in Cambridge, UK.

    Here, in both video and quotes, are a few selected highlights from our speakers; including some of their lovely remarks about the work mySociety does.

    Peter Murry-Rust

    Speaking about The Content Mine

    mySociety is one of the most wonderful things to have come out of the bottom-up democratic movement in the UK and the UK is a shining light for the rest of the world. I’ve used WriteToThem on many occasions…. It just makes the whole business of contacting your representative so much easier. And I’ve also used a lot of WhatDoTheyKnow FOI requests and again it’s absolutely brilliant. It makes the difference between doing it and not doing it.

    We’re going to liberate one hundred million facts per year from the scientific literature and we’re going to put them in Wikipedia or rather WikiData and we’re working closely with WikiData.

    What’s happened this year is the UK Government has pushed through copyright reform and it has given exemptions to copyright … We’ve got the law. The law hasn’t been tested. I am allowed to do it according to the law for non-commercial purposes. Elsevier says I can’t because they can stop me doing it under the law and we had a big public fight in London.

    Richard Taylor

    Speaking about TheyWorkForYou.com

    The thing I work on particularly on TheyWorkForYou is the statements we write on each MP’s page on how they voted. … This will be the first time we’re going into a general election in this country where the sitting MPs’ voting records are comprehensively easily accessible to the electorate.

    It’s really important to us that we’re impartial and non-partisan. So one of the things we had to think about when we were doing this was how do we even decide what topics to cover because we could be accused of being partisan just by what we decide to draw attention to. … Not all MPs attend all votes by any-means so we can use MPs’ own attendance at votes to give them some kind of ranking of importance.

    Everything that I do is available under an open licence so as long as you attribute where it has come from you can use it and do what you like with it. And hopefully people will do stuff with it as we run into the election.

    Mike Soper and Hendrik Grothuis

    Speaking about Cambridgeshire Insight

    If you think about something like FixMyStreet you can see where that application has had a very positive impact on local government, on councils.

    The idea is that pressure will come from the great British public at a local level to hold public sector organisations to account. In order to hold people to account you need information.

    Professor Shepherd several years ago realised, because he was a medical professor, that he was looking at facial injuries of people who had been injured by having beer glasses shoved in their faces during fights and recording meticulously the detail of these physical and working out that if you change the composition of the beer glass you can drastically reduce the severity of the injury.

    We’re getting support at a national level for the sort of work we are doing and the sort of line about trying to encourage openness and promote open data here in Cambridgeshire. We’re getting national support for that.

    More!

    Videos of full talks, including Q&A:

    Our next meet-up will be on 3rd December in Brighton. We’ll be joined by speakers Jason Kitcat, Eric Drass and our very own Dave Whiteland. Sign up to come along here.

  3. Parliament without Scottish MPs: how would it have looked different since 1997?

     

    An analysis, with code and data, of which Commons votes would have had different results, if Scottish MPs’ votes hadn’t been counted since 1997.

    By Richard Taylor and Anna Powell-Smith.

    Humble address in the House of CommonsPublicWhip is a wonderful thing. Founded and still run by independent volunteers, it contains the results of every House of Commons vote since 1997, scraped from the official web pages and presented as simple structured data. Here at mySociety, we’ve used it to power TheyWorkForYou for many years.

    Most recently, it helped our staffer Richard create the new voting analyses on TheyWorkForYou’s MP pages. Want a quick, simple summary of your MP’s voting history on same-sex marriage or climate change, or on any of 62 other major issues? You’ll now find the answer on your MP’s TheyWorkForYou page, all based on PublicWhip data.

    But here’s the most exciting thing about PublicWhip. If you know how to get around its slightly forbidding exterior, it contains a treasure-trove of data on MPs’ voting patterns, all structured, openly-licensed and ready for anyone to analyse.

    A data challenge

    Recently, while discussing the upcoming Scottish referendum, Richard posed a question to Anna: could PublicWhip data tell us which House of Commons votes would have had different results, if Scottish MPs’ votes hadn’t been counted?

    This is interesting because if the Scottish people vote “yes” to independence on September 18th, we may see (probably not as soon as 2015, but perhaps soon thereafter) a House of Commons without Scottish MPs. No-one really knows how such a Parliament would be different.

    While it was widely reported that that Scottish MPs’ votes carried the decision to introduce student tuition fees and foundation hospitals in England, those were just two high-profile votes. To our knowledge, no-one has published a comprehensive analysis of all votes that were carried by the Scottish MPs.

    The results

    Anna chose to accept Richard’s challenge, and to use PublicWhip data to carry out this analysis. You can see all their code, and the data they produced, on GitHub.

    The headline finding is that only 21 votes (out of nearly 5000 since 1997) would have gone differently if Scottish MP’s votes hadn’t been counted. This surprised Anna, who expected more.

    Secondly, if there’s any visible pattern, it’s that English MPs seem to have a stronger civil-libertarian bent than their Scottish counterparts. High-profile votes on 42-day detention, “glorifying terrorism”, allowing the Lord Chancellor to suspend inquests, and on control orders: according to Anna’s analysis, all would have gone differently if Scottish MPs had not been in the chamber.

    Other than that – Anna comments – the key finding is perhaps the absence of any other strong trend.

    Here is the full list of votes that would have gone differently – click on the date to see the full vote details on PublicWhip. If Scottish MPs hadn’t been in the chamber:

    2010-date

    • 5 Sep 2014 The majority of MPs would have voted to send the Affordable Homes Bill to a Select Committee rather than a Public Bill Committee.
    • 29 August 2013 The majority of MPs would have voted to agree that a strong humanitarian response to the use of chemical weapons in Syria was required from the international community, and that it may, if necessary, require military action. (You may remember that David Cameron called MPs back from their summer break to vote on this, and MPs rejected the motion.)
    • 29 Jan 2013 The majority of MPs would have voted against postponing a review of the boundaries of parliamentary constituencies until 2018 and against delaying a review of the effect of reducing the number of MPs.
    • 31 Oct 2012 The majority of MPs would have voted against calling on the UK Government to seek a real-terms cut in the European Union budget.
    • 24 Apr 2012 The majority of MPs would have voted to require products containing halal and kosher meat to be labelled as such.
    • 24 Feb 2010 The majority of MPs would have voted for restrictions on the amount of carbon dioxide electricity generation plants are permitted to emit.

    2005-2010

    • 9 Nov 2009 The majority of MPs would have voted against allowing the Lord Chancellor (a minister) to suspend an inquest and replace it with an inquiry and against allowing the use of intercepted communications evidence in inquests.
    • 8 Dec 2008 The majority of MPs would have voted to immediately starting the proceedings of a committee of MPs to investigate the House of Commons procedures in light of the seizure by the police of material belonging to Damian Green MP.
    • 12 Nov 2008 The majority of MPs would have voted to require membership of new regional select committees to be determined taking account of the proportion of members of each party representing constituencies in the relevant region and for at least one member from each of the three largest parties to be on each committee.
    • 11 Jun 2008 The majority of MPs would have voted against extending the period of police detention without making any criminal charges of terrorist suspects from 28 days to 42 days.
    • 2 Jun 2008 The majority of MPs would have voted to require the National Policy Statement to contain policies which contribute to the mitigation of, and adaptation to, climate change.
    • 15 Mar 2006 The majority of MPs would have voted against a proposed timetable for the Parliamentary consideration of the Education and Inspections Bill.
    • 2 Nov 2005 The majority of MPs would have voted against making glorifying the commission or preparation of acts of terrorism an offence.
    • 2 Nov 2005 The majority of MPs would have voted to make the offence of Encouragement of Terrorism only apply to cases where an individual intended their actions to encourage terrorism.

    2001-2005

    • 28 Feb 2005 The majority of MPs would have voted to give a greater role to the courts in relation to the imposition of control orders.
    • 22 Apr 2004 The majority of MPs would have voted against installing a security screen separating the public gallery from the House of Commons Chamber.
    • 31 Mar 2004 The majority of MPs would have voted against the introduction of variable university tuition fees (top-up fees) of up to £3,000 per year in place of the previous fixed fee of £1,250 per year.
    • 27 Jan 2004 The majority of MPs would have voted against allowing university tuition fees to increase from £1,125 per year to up to £3,000 per year, and against making other changes to higher education funding and regulation arrangements.
    • 19 Nov 2003 The majority of MPs would have voted against introducing NHS foundation trusts, bodies with a degree of financial and managerial independence from the Department of Health.
    • 4 Feb 2003 The majority of MPs would have voted for an 80% elected House of Lords.
    • 29 Oct 2002 The majority of MPs would have voted against starting sittings of the House of Commons on Tuesdays at 11.30am rather than 2.30pm.

    In the 1997-2001 Parliament, Anna’s code found no votes that would have had different results.

    IMPORTANT DISCLAIMER! We can’t conclude that all of the above would necessarily have become law if Scottish MPs had not been in the chamber. Bills don’t become law until they have passed through the House of Lords – not to mention the many other forces of history that would have acted differently.

    Get the code and the data

    You can see the code used for this analysis, and the full datasets, on GitHub. You can adapt it yourself if you want to do your own analyses.

    This analysis is the work of one volunteer: we welcome any corrections. Like PublicWhip itself, the whole point is that it is out in open for anyone to analyse and improve.

    Image by Catherine Bebbington. Parliamentary copyright image reproduced with the permission of Parliament.

  4. Network Rail

    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:

    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”.

    Network Rail

    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.

  5. WhatDoTheyKnow – Oral Evidence to MPs on First Five Years of FOI in the UK

    Alex Skene, WhatDoTheyKnow.com, at the Justice Select Committee
    On the 21st of February 2012 Alex Skene, representing mySociety’s Freedom of Information website WhatDoTheyKnow, appeared in front of the UK Parliament’s Justice Select Committee. The MPs on the committee were holding an evidence session as part of their post-legislative scrutiny of the Freedom of Information Act.

    Video of the session can be viewed online via ParliamentLive.TV and the BBC’s Democracy Live. A transcript of the session will become available via TheyWorkForYou, typically these take a week or two to be produced.

    Prior to the session WhatDoTheyKnow had submitted written evidence to the review making three main points:

    • The scope of the act should be extended to cover a wider range of public bodies.
    • Time limits should be introduced for public interest tests and internal reviews.
    • There is a need for more proactive publication of information, and a culture of openness and transparency needs to continue to be nurtured and extended within the UK’s public sector

    The committee appeared genuinely interested in finding out how FOI has performed to-date and how it can be improved.

    Supercharging FOI

    Alex told the committee that FOI enables evidence based policy making and empowers citizens; he said the WhatDoTheyKnow.com website supercharges the provisions of the FOI Act making it easier for people to take advantage of the right to access information which it gives them.

    Ghosts

    Elfyn Llwyd MP raised the question of vexatious and frivolous requests through the medium of ghosts. Asked if requests about ghosts could ever be justified Alex told MPs that it was hard to draw the line between acceptable and unacceptable requests. He noted that one council had spent public money on an exorcism, so in that case there would be information held and an FOI request justified. He questioned if requests on ghosts were to be deemed unacceptable, what other areas might be excluded. UFOs? The MoD for a long period did have an office collating UFO reports, again there was public spending, and recorded information held, in this area. Homeopathy was also highlighted, that’s about as real as ghosts or UFOs, but again FOI requests about it must surely be permitted as significant amounts of taxpayers money are spent on it.

    Maurice Frankel, the director of the Campaign for Freedom of Information, who was giving evidence alongside WhatDoTheyKnow took a stronger line. He described those who made FOI requests about ghosts as “idiots”; but also accepted it was hard, and undesirable, to try and outlaw requests on certain subjects. He added that such requests did not generally cost large amounts of money to deal with.

    Time Limits

    MPs on the committee appeared sympathetic to calls from the representatives of WhatDoTheyKnow and the Campaign for Freedom of Information to introduce stricter time limits. The need for time limits was brought into focus during the discussion of the time limits for prosecutions under S.77 of the Act (Offence of altering etc. records with intent to prevent disclosure), very few requests have gone through a response, and internal review, and the Information Commissioner within the time limit for launching a prosecution. An MP suggested making offences under S.77 triable in either a magistrates or a crown court so as to extend the time period while retaining consistency with the rest of the justice system.

    Fees

    When asked to comment on the idea of introducing fees for all FOI requests Alex said such proposals would be “devastating” and would deter many from making requests. Alex noted that the public had paid for the information in question already, via general taxation, and ought be able to access it.

    Exempting Universities

    When asked to comment on lobbying from universities to be exempted from FOI, Alex robustly defended their inclusion in the act, pointing to their role in controlling access to professions and awarding degrees. Maurice Frankel and Alex noted the universities’ argument that they were being funded by a decreasing fraction of public money wasn’t really relevant, as that is not the basis on which bodies are deemed to be covered by the Act.

    Extending Coverage of FOI

    The reach of FOI into commercial organisations carrying out work on behalf of public bodies was briefly discussed however notably there was little further discussion of extending the coverage of FOI, perhaps suggesting this may be a dedicated subject for future evidence session. This session was been described as the committee’s first, suggesting there will be more. At least one of these will presumably hear from the Information Commissioner.

    The written evidence we submitted can be read on page 81 of the compendium of submitted evidence (PDF).

  6. MPs to Review Operation of FOI : Submit Your Views

    WhatDoTheyKnow.com Logo

    MPs are about to review the first five years of the operation of the Freedom of Information Act 2000. We’d like to encourage users of mySociety’s Freedom of Information website WhatDoTheyKnow.com to share their views and experiences with the MPs who are to carry out the review.

    The review is being conducted by the House of Commons’ Justice Select Committee.

    The committee is currently inviting people to make submissions to it. The deadline for submissions is Friday 3 February 2012.

    A memorandum from the Ministry of Justice has been prepared to brief the committee, that document notes, in paragraph 67:

    Very little research has been published detailing the views of requesters of information.

    Particularly in light of this we thought it would be worthwhile alerting our users to this review; if we could encourage our users to make submissions to the committee that might help ensure they receive balanced evidence: from outside, as well as within, the public sector.

    While the committee is interested in any comments on the act’s operation, specific questions the committee has asked for comment on are:

    • Does the Freedom of Information Act work effectively?
    • What are the strengths and weaknesses of the Freedom of Information Act?
    • Is the Freedom of Information Act operating in the way that it was intended to?

    Responses can be emailed to: justicecommemo@parliament.uk

    Details of how responses should be formatted and technical details relating to submission are available on the webpage announcing the call for submissions.

  7. Research into NHS Spending on Chaplaincy Carried Out via WhatDoTheyKnow

    Member of the National Secular Society Robert Christian used mySociety’s Freedom of Information site, WhatDoTheyKnow to ask all 227 English NHS “provider” Trusts about how much they spend on chaplaincy.

    On the 28th of February 2011 the results of his research were published in an article on the National Secular Society website (full report [PDF]). He found that £29m of NHS funds were used to pay chaplains in 2009/10 and also observed a wide variation in the amount, as a fraction of total spend, that specific trusts were spending on chaplaincy.

    The publication of the research prompted a number of articles in the UK media. eg. (Daily Mail, The Independent, The Mirror).

    Mr Christian has commented:

    “To have identified the right FOI contact for every provider NHS Trust in England would have been daunting if not impossible. I doubt that my study would ever have got off the ground without WDTK. I particularly valued the way that the site tracks which Trust has and has not yet responded. I liked the capability to thank each FOI lead after they had responded.”

    The fact that making requests via WhatDoTheyKnow allowed Mr Christian to cite the source of his raw data was important to him. He added:

    “The transparency of the raw data is, I think, one of the main strengths of the WDTK website for three reasons. First, I was able to hyperlink every piece of data back to its source – and that meant that it was easy for colleagues from the NSS to check the accuracy of the data (with so many Trusts a transcription error was always a possibility). Second, it ensured that if anyone had wanted to challenge the accuracy of the data they could be directed to see that the study was simply quoting the Trusts’ own information. Third, it means that the data is there for future reference to see if there are any changes over the coming years.”

    mySociety and WhatDoTheyKnow are non-partisan and don’t get involved in campaigning except in specific areas relating to openness and transparency. We take no view on issues such as how much, if anything, the NHS ought be paying for chaplaincy. However we welcome campaign groups making use of our services.

    Bulk Requests

    WhatDoTheyKnow currently has around 2-4 “bulk requests” per month made via its site. At the moment we don’t provide any mechanism to make bulk requests automatically. We are considering adding such a system, for requests which have been sanity checked by the WhatDoTheyKnow team. The provision of such a system would probably be associated with a mechanism for preventing other “bulk requests” from being made without the site administrators’ explicit approval.

    Making the requests is only a small part of the work involved in a study such as that carried out by Mr Christian. Chasing public bodies for responses, as well as collating and analysing the information released is likely to be much more time consuming than submitting the requests themselves. This is something Mr Christian agrees with, stating:

    “If enquirers are not prepared to individually contact each organisation to ask the question, I would doubt their commitment to retrieve and analyse the information (as that is actually a much bigger task)”.

    Clearly any facility for enabling requests to be made in bulk will have to incorporate safeguards to ensure responsible use.

    Whereas Mr Christian has been happy to conduct his research in public, and still been able to generate media coverage following publication, we are aware that many campaign groups, and others such as journalists, like to make Freedom of Information requests in private.

    Mr Christian has commented on the issue of “scoops” and the effect of conducting his research in public:

    “The question of ‘scoops’ is an issue for journalists and in fact this problem did happen in this case. Someone appears to have trawled the WDTK know site and noticed what I was doing. A short piece was run by the Daily Express before we completed and published the study. So clearly this might be an issue. But the risk of a spoiler being run will tend to be low when the number of organisations being contacted is large. This is because the amount of work needed to collate and analyse the data is enormous and so casual trawling will show only that a question is being asked – not what the conclusions are.”

    In order to get as great a fraction of the total number of FOI responses available on WhatDoTheyKnow we have also been considering an option for making requests in private, for a fee. The idea would be that once the findings were published then the FOI response could be opened up to the public providing access to the source material backing up the story.

    Any views on our ideas for the future and on the way WhatDoTheyKnow has been used for this, and similar, research would be welcome in the comments below.

  8. WhatDoTheyKnow Responds to Libel Reform Consultation


    The Government is currently proposing to reform the UK’s defamation laws. The WhatDoTheyKnow.com team has responded to the consultation on a Draft Defamation Bill currently being run by the Ministry of Justice.

    The bill proposes extending and clarifying the list of types of material subject to “privilege” ie. which can be published without fear of being sued for defamation. “Matter published by or on the authority of a government or legislature anywhere in the world” is already covered but we have been advised that might not extend to all Freedom of Information responses; if it does or not is something which is yet to be tested in court.

    We are asking for the law to be clarified and for “privilege” to be extended to a fair and accurate report or summary of, copy of or extract from material released by public bodies. The proposed new provision would enable the republication of Freedom of Information responses from public bodies without fear of libel action. Such a provision would clearly be of value to services such as WhatDoTheyKnow.com. It would also allow campaigners, journalists and others working with such material more freedom from legal threats and uncertainty; as such this addition would appear to be in-line with the coalition’s stated aims of their amendments to libel law.

    We would rather see Parliament explicitly clarify the law rather than see a journalist, campaigner or website operator be subjected to an expensive and time consuming legal action.

    Additional suggestions

    We have also suggested:

    • That the principle that any governmental body should be open to uninhibited public criticism, and therefore should not be able to use or threaten use defamation law to quash critics ought be extended to apply to all public bodies and those, such as contractors, acting on behalf of public bodies.
    • That merely pointing to defamatory material, through the provision of a weblink, ought not in itsself be actionable where there is no express endorsement of the defamatory material along with the link.

    The full consultation response can be read online at FOIWiki

  9. Department for Education Doesn’t Want FOI Requests Made Via WhatDoTheyKnow

    Earlier today the Department for Education, which is headed by Education Secretary Michael Gove, wrote to WhatDoTheyKnow to let us know that the main email address they use to receive FOI requests is to be phased out. They would prefer the public to make their FOI requests via the contact form on their own website instead or even by post. We believe that this approach is contrary to the spirit of the law and principles of Freedom of Information.

    The message we received stated:

    We changed the way that people contact our department last year, encouraging customers to go to our website to find what they are looking for and submit an enquiry via our contact us page (www.education.gov.uk/contactus) if they could not locate information.

    The [main FOI] mailbox that your system points to ([email]) will eventually be phased out and I would be grateful if you could advise customers using your website to refer to www.education.gov.uk/contactus if they need to contact the Department.

    We certainly agree that people should check whether the information they are looking for is already available before submitting a FOI request — and indeed we already prompt all users of WhatDoTheyKnow to do so, not just for the Department of Education, but for every public authority we list.

    When requests are submitted through WhatDoTheyKnow responses are automatically published ensuring a lot more information ends up online and publicly accessible than when submitted privately. If the Department for Education wants to reduce the amount of correspondence it gets in relation to already published material it should be encouraging people to make their FOI requests via WhatDoTheyKnow. Already, based on Ministry of Justice statistics, we calculate around 10% of all Freedom of Information requests to the Department of Education are made via our service.

    We have asked the department to let us know which alternative email address they would prefer us to forward FOI requests to, and we await their reply. We are happy to use whichever email address is easiest for a public body.

    We have also made clear that we will continue to offer our users the ability to make requests to the Department of Education via our site and will not be removing that facility and directing people to the department’s contact form as we were asked. Forms often include unnecessary mandatory fields that the FOI legislation does not require (in the DfE’s case they ask what kind of a requester you are, making you specifically type in “prefer not to say” into an “Other” box if you want to opt out).

    The law rejects the idea that public bodies are allowed to erect artificial barriers like this, and we have noted that a FOI request is valid regardless of which email address or member of staff within an organisation it is sent to.

  10. Minister Demands Full Transparency for all Publicly Funded Arts Bodies

    Today’s Sunday Times carries an article on very high salaries paid to some of those working in the “publicly funded arts world”. The article reports Antonio Pappano, the Royal Opera House’s Music Director, is paid more than £630,000 a year and is given four months a year off to carry out a second job as music director of a Rome orchestra.

    While the Sunday Times’ paywall means we don’t have a direct link to their article; it appears to be based on much the same information as an article published a few days earlier by The Arts Desk.

    The Sunday Times article states the Government has “expressed surprise at the sums paid” and Ed Vaizey the Culture Minister is quoted as saying:

    “There really must be full transparency for all publicly funded arts bodies”.

    There is also a statement from the Arts Council expressing a similar, though more limited, sentiment:

    “Anybody in receipt of significant public money should be transparent about their core funding costs”.

    The Arts Council, the main body which distributes public funding to the arts, is subject to the Freedom of Information Act. The Arts Council is listed on mySociety’s Freedom of Information website WhatDoTheyKnow.com which enables people to easily make requests for information in public. While the Arts Council is responsible for handing out the money, it does not necessarily know the details of how the recipient organisations spend it. The bodies which receive funds are not themselves yet subject to freedom of information law, irrespective of how much public money they receive or how dependent they are on that subsidy.

    While it may take the Minister some time to legislate to ensure “full transparency for all publicly funded arts bodies” we are happy to add such bodies to our site on request right now, so our users can ask them, in public, about their activities.

    As of today the following organisations are now listed on our site:

    We use the WhatDoTheyKnow site to actively campaign for expansion of Freedom of Information to cover more public organisations. We list a number of bodies not formally subject to FOI some of which are present on the grounds they are substantially publicly funded.

    For some time we have listed the British Board of Film Classification, a key arts regulatory body which is not subject to freedom of information law, and the British Film Institute; the latter two bodies are funded by the DCMS directly so Minister Ed Vaizey may well be able to get them to voluntarily comply with FOI legislation first thing on Monday morning.

    A particular set of arts funding bodies which some of our users have made us aware they would like to see subject to the act are the UK Screen Agencies (eg. Film Agency Wales) which distribute public funds to the film culture sector.

    Please contact the WhatDoTheyKnow team if you have any suggestions for further bodies which you would like to see us list on our site.