Who Is Interested in the EU?

One of the things we know very little about is the requester. Who are they? What do they want? And what do they do with the information? The general pattern seems to be that the public is the biggest user, followed by small groups of journalists and activists. At certain levels, and in certain countries, particularly the USA and Canada, business is also a big requester.

A recent report from the EU commission on use of its own access legislation has shown some interesting variation against this general pattern (though it needs to be remembered that total requests in 2010 were only 6127 compared with 5055 in 2009).

The biggest users of EU access legislation are academics (23%), followed by other public authorities (13%) and lawyers (10%). It’s quite possible that the deadlines on returning the information mean that only researchers with time to spare (e.g. academics, lawyers) use it, rather than those with very strict deadlines such as journalists (3%). Other EU institutions make up 8 % of requesters-is that indicative of information sharing problems?

Another interesting question, given the size of the EU, is which countries they are coming from. Belgium is top, accounting for 17 % of all requests, Germany is second on 16 %,France on 9 % and Italy on 8 %. The UK is fifth on 7 %. Many of the newer accession countries, with the exception of the Czech Republic and Poland, make much less use of it.

So what is being asked for? FOI often targets particular areas. Traditionally these are either affairs of importance to a particular person (so for example, Veteran’s Affairs or Social Security are big topics) or areas of general interest such as finance. The Secretariat General is the primary focus of 11% of all requests with Competition second on 9 %. Justice is high up, third place on 8%; as is often the case, but both finance and trade (2%) and agriculture (3%) seem remarkably low on the list.

So why this difference from normal patterns? It may be that EU documents are of interest to particular groups. It may also be simply matter of publicity-few know it exists. There are also clearly difficulties over access and responsiveness, something Access Info Europe was very critical of earlier this year. Things may get more interesting with the arrival of the new website that helps people to make requests ‘Ask the EU’ later this year.

Prince Charles and FOI, Part II

The last time Prince Charles came under the spotlight for getting too close to Parliament, the news was we could get none. This month, the Guardian found a way around that.

The Royal Family’s communications with ministers became exempt under the Freedom of Information Act during the final days of the previous government, making it difficult for anyone to find out whether Prince Charles was stepping over his constitutional boundaries when meeting with ministers.

The same does not apply to communication between ministers and charities – and Charles is president of 20 of them.

The Guardian obtained 17 emails and letters between five of the prince’s charities and ministers and officials in four government departments and found evidence of what a few months ago were just a series of (arguably well founded) suspicions.

The charity Business in the Community, which Charles has presided over for 25 years,

“urged business secretary, Vince Cable, to rethink a decision to scrap the Northwest Regional Development Agency. The Prince’s Foundation for a Built Environment urged the local government minister, Grant Shapps, ‘to incorporate greater community engagement in planning and promoted its own planning work around the country as something for him to consider in the ‘national planning framework’.”

Urging may have also meant persuading. The Department for Communities and Local Government awarded a £800,000 grant to the Prince’s Foundation “to advise local groups on new developments.”

The Department denies any connection between Charles’ lobbying and the grant, but Paul Richards, special adviser to former secretaries of state for communities and health recalls how the prince’s letters seemed to sail smoothly into ministers’ hands.

“There was a frisson of excitement when a letter came in from Charles and there was easy, open-door access for his office and charities in a way I felt other organisations would struggle to match. My sense was that the charities were given a star status and that means they get priority and I would be astonished if that was any different under the current government.”

A letter from Charles’ office to the Mayor of London, Boris Johnson, about planning issues in the city, is being withheld because disclosure could harm the prince’s “political neutrality.”

The Guardian obtained the correspondence between ministers and Prince Charles’ charities through the government – if it had attempted to obtain the information through his charities, they would have hit another obstacle: they are not covered by the Act and won’t be anytime soon.

The majority of charities are not subject to FOI (the ones that are, are listed under Schedule 1 of the Act). The scope of FOI will be extended to more organisations by the end of next year under the Protection of Freedoms Bill,  but it’s uncertain whether the Princes’ charities will be considered therein.

A Bang or a Whimper? £500 Publication

The government’s transparency revolution continues with the recent announcement of a consultation on next steps. One of its flagship policies has been the publication of all local authority spending over £500 which will allow us all to become ‘armchair auditors’ to hold our local authorities to account and hunt out waste. So how it is working?

Up until now, the effect seems to be uneven. Some authorities we have spoken to have had little interest from anyone. They think the public are simply not interested in the raw data. Others have reported an initial spike in interest from the local media which then dropped off when ‘nothing interesting’ was revealed.

Local authorities elsewhere have had much heaver use by the opposition, local journalists and, increasingly, trade unions. The regional media have highlighted odd spending, from string quartets in Kent to a particularly large hot pot in Manchester. Other officials feel the benefits are internal, as members and officials better understand their own budgets, previously a mystery to everyone except accountants. It doesn’t appear to have led to more FOI requests as some officers feared.

There are, as the government admitted in its new consultation, a number of problems. Poor data quality and inconsistency makes it difficult for the data to be used or re-used. Some authorities IT systems simply aren’t designed to put out information in the way the government want. Officials are also worried that, in tough times, the low level of the £500 threshold will feed existing prejudices that local government is ‘wasteful’. At least, some have argued, the audit regulations give plenty of context rather than isolated facts.

There has been little sign yet of the ‘army of armchair auditors’ the government hopes will comb through the data. We would expect to see lots of newspaper stories of residents or groups taking on their authorities and holding their leaders to account with this information. A few recently made a splash in Barnett. Mr Pickles himself has carried the war to the enemy, using FOI against the one council that has refused to publish its spending. There are a few websites with names such as ‘armchair auditor’ or ‘reluctant armchair auditor’, but they have not yet spread and the reluctant auditor complained in the Guardian that the data lacked the quality and context to be useful. Overall, we haven’t yet seen a groundswell of ‘active’ citizens questioning and probing their local authorities.

So will it improve? The government is determined to push on and create a new right to data, make information ‘open by default’ and encourage new innovation. They have recognised some of the difficulties and suggested that all new IT systems be designed for ease of publication, and committed to creating a new set of ‘standards’ to ensure consistency and a new right to data.

One key area to keep an eye on are the new sites, such as Openly Local, which allow information to be compared and analysed easily and quickly in all sorts of ways. The rapidly growing number of hyper local sites may also start using the data. It may be here, following the example of the local’ and ‘street-level’ experiments in the US, that some of the really interesting number crunching will happen.

This is a longer version of an article published in the Local Government Chronicle

Town Hall Tango: what’s been happening in local government

One of the things we found out about FOI is that it never settles down. Although it becomes part and parcel of operations it always has the potential to highlight new issues or kick up a fuss-it can liberate, muck-rake or simply cause a headache. Just to show you, I wanted to look at some of the interesting developments around our town and city halls over the past few weeks.

There has been some old fashioned digging using FOI that sheds some new light on topical events and liberates all sorts of information. One activist has opened up councils investment of pension funds in the tobacco industry. Others have highlighted authorities’ lack of defence against cyber intrusion  and lack of registered managers at care homes.

There has been a nice symmetry of ‘political’ requests involving unions. The GMB trade union used FOI to find out about how many staff are choosing to opt out of pensions. The Conservatives, at the same time, have been busy calculating how much tax payers have spent ‘keeping’ Union representatives in local authorities.  We can expect to see many more of these.

It isn’t just the subjects that FOI exposes. FOI and openness can itself cause controversy and headaches for politicians. In Liverpool there was alleged manipulation of requests to a journalist. At Kirklees council the ongoing controversy around a council leader allegedly interfering in responses is now subject of an internal investigation. Birmingham council has decided to that its first debate on the riots will be held in secret to avoid ‘grandstanding’. One disgruntled councillor in Scotland linked FOI to phone hacking, expressing the concern that the lack of illegal methods of accessing information will lead to more requests. The Computer weekly has alleged that a computer company has ‘gagged’ Bristol City council and refused to allow it to publish contact details.

And finally, is this the sound of chickens coming home to roost? One of the hopes for the new publication of local government spending is that it will lead to an arm of armchair auditors (though some have their doubts). Eric Pickles publicly praised one group of local activists, despite the fact it was a flagship Tory council that was being ‘audited’ by bloggers including the wonderfully named Mrs Angry.

Open Data Consultation Launched

The government has launched a consultation today on Open Data and how to move forward the transparency agenda by encouraging ‘push’ (pro-active release) and ‘pull’ (stronger rights for access to data). The consultation covers a wide range of areas

  • Proactive: how to ensure ICTs systems can publish data easily and make pro-active publication a ‘default’ setting
  • Costs: possibly raising the cost ceiling for FOI requests (a ceiling of £1000, instead of £600 is suggested)
  • Changing mechanisms: giving the ICO more power, creating a new right to appeal for datasets and limiting internal review times

The paper also contains two interesting annexes on evidence of impact and draft principles.

For a brief summary see here and a discussion thread here. This appears to form part of a further push of the transparency agenda, alongside other initiatives. David Cameron recently said the reforms had now moved to ‘phase two’ from publishing core data to publishing more about public services and how they perform.

‘If our transparency focus over the past 12 months has been to open up core central government data in areas such as spending, our priority over the next year will be to release new data on the performance of public services. This revolution in government transparency will make it easier than ever before for the public to make informed choices between providers and hold government to account for the performance of key public services’.