A proposed extension of the application of FIA 2000 raises questions both of principle and practice, says Charles Brasted
The latest consultation on the Freedom of Information Act 2000 (FIA 2000), Freedom of Information Act 2000: Designation of Additional Public Authorities (CP 27/07), which closed on 1 February 2008, has outlined controversial government proposals to extend its scope beyond the public authorities currently subject to its provisions.
FIA 2000 came fully into force on 1 January 2005 and gives anyone, including foreign nationals and companies, access to any information held by public authorities, subject to some statutory exemptions.
CORE PUBLIC AUTHORITIES
Bodies currently subject to FIA 2000, s 4 fall into one of two categories:
Public authorities—people or organisations whose establishment or appointment is (broadly speaking) made by or on behalf of the Crown or by legislation— listed in Sch 1 to FIA 2000 (which may be amended by order).
Companies wholly owned by a public authority.
Section 5 provides for the extension of FIA 2000’s provisions (by order)