Scottish Churches Parliamentary Office, Edinburgh - Briefing Document Ten

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Parliamentary Officer:Rev Graham Blount
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Briefing Document No 10 - Page 4 of 4

How Open Will Scotland Be? - Continued.

Making an Act Work

One of the main goals of any Freedom of Information Act has to be to ensure that members of the public actually use it. This is not always an easy task. In Australia, only 38% of people know about the Freedom of Information Act, and perhaps more worryingly, less than 10% felt that they would be competent enough to make a request under the Freedom of Information Act. This is a state of affairs which should be avoided in Scotland. The consultation paper devotes a large section to changing the culture in public administration, in training staff, in encouraging a more efficient filing and document storing system in public authorities. However, this alone may not be enough to foster a situation where anyone not only can theoretically gain access to information, but also feels competent, and is encouraged, to seek information. It is also important that a system is established to ensure that a request achieves access to the correct documents, perhaps through an office established in all public administrations to consider requests and decide which documents are those which will be most useful. If the regime does not actively encourage the public to make requests, then there is a very real danger that the act will be used only by journalists, professional researchers, and corporations, which would not lead to a more open society.

Costs

Costs of applying for information are also crucial. Any charge which is to be made must be small enough to avoid discouraging members of the public from seeking information, while preventing small public authorities from being forced to devote disproportionate amounts of resources to Freedom of Information. The consultation paper recognises these concerns and invites comment on three possible solutions:
1. Public authorities could, on discretion, charge up to 10% of costs of locating and disclosing information. A ceiling (around £500) would be set on the costs of responding to one request, leaving a maximum charge of £50.
2. Information costing less than £100 could be released free, with authorities charging full marginal costs after the first £100. This proposal would, the document argues, mean that most requests would be answered free, while deterring voluminous requests.
3. The third proposal is that a mandatory flat rate of, say, £10 is set. This could easily lead to those requests with a cost of £700 still being dealt with for only £10.

Theological Context

For most Christians freedom of information will be seen as "a good thing", echoing gospel values of truth and honesty in relationships. To live out effectively our calling to be salt for the earth requires a good understanding of the world we live in, and free access to information from and about government is part of that; to conceal information smacks of totalitarianism. The Reformers welcomed the access provided by the development of printing and worked to build wider literacy, and Communio et Progressio (Vatican II) said "Modern man cannot do without information that is full, consistent, accurate and true. Without it he cannot understand the perpetually changing world … Only in this way can he assume a responsible and active role in his community and be part of its economic, political cultural and religious life".

Of course, we will also recognise other, sometimes competing, values, such as the "right" to personal privacy, and other needs of good government. But accessible information not only enables us to function as Christian citizens; it also constrains the sin we recognise infecting all structures of power. It is a vital ingredient of the open and participative government for which churches and others have called, as the way towards a more just Scotland.