The Freedom of Information Act 2000

2. Questions to the Counsel General and Brexit Minister (in respect of his law officer responsibilities) – in the Senedd on 5 March 2019.

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Photo of David Lloyd David Lloyd Plaid Cymru

(Translated)

5. What assessment has the Counsel General made of public bodies' compliance with the Freedom of Information Act? OAQ53479

Photo of Jeremy Miles Jeremy Miles Labour 2:35, 5 March 2019

(Translated)

With regard to public bodies at large, it is the Information Commissioner's role to monitor and enforce public bodies' compliance with access to information law. I have no role in monitoring other bodies' compliance. As regards Welsh Government specifically, information requests for Welsh Government are handled by civil servants, in accordance with well-established internal procedures. The current compliance rate is above the Information Commissioner's target.

Photo of David Lloyd David Lloyd Plaid Cymru

(Translated)

Thank you for that.

Photo of David Lloyd David Lloyd Plaid Cymru

But I've received representations from individuals who have expressed concerns over the quality and timeliness of several organisations in dealing with the Freedom of Information Act 2000. Even after referring the matter to the Information Commissioner's Office, the wait took so long that, by the time the information was received, it was no longer required or events had overtaken. Unfortunately, this is not uncommon. Do you therefore believe that the Information Commissioner's Office is sufficiently resourced to deliver against its objectives, and can you outline what discussions you have had on this matter to bring about improvement?

Photo of Jeremy Miles Jeremy Miles Labour 2:36, 5 March 2019

Well, I'm afraid I'm not in a position to comment on the resourcing of the Information Commissioner and his office; that is a reserved matter. The sponsoring department of the ICO is the UK Government's Ministry of Justice. Plainly, though, the statutory regime, which does provide via section 15 a mechanism to seek redress, as he outlines, and he identifies in his question some of the obstacles to that—. But it does provide a system for seeking further information and for escalating that to the High Court, ultimately, if redress isn't solved. But, plainly, delivering that system in a way that gives meaning and effect to the statutory obligations, as with any statutory obligation, requires an adequate level of resourcing.

Photo of Elin Jones Elin Jones Plaid Cymru 2:37, 5 March 2019

(Translated)

Thank you, Counsel General.