B) Executive Summary
1. The incorporation of exemptions from public scrutiny is the most controversial and critical aspect of any FOI legislation. We have serious concern about a fundamental concept within the Bill, that of the test of “prejudice” that enables public authorities to refuse providing information. It is used extensively in Part 4 (Qualified Exempt Information) and as commonly interpreted provides too low a threshold to justify rejecting requests. It goes to the heart of whether the legislation is truly open, fair and meaningful.
The Scottish FOI Act adopts a more robust test, by using “prejudice substantially” and we strongly suggest that it be incorporated in this IOM legislation. Its use will significantly safe-guard the public interest when acces to information is requested.
2. The exclusion of the Council of Ministers as a public authority is a major weakness in the Bill and should be reconsidered.
3. It is cleary intended that a system of fees be introduced to process requests. A request fee is not levied under the existing Code and should not be under this legislation, for straightforward requests. There should be no application fee for any request. P A G deplores the fact that within the consultation document no indication of the level of fees has been given (cf. Jersey Report).
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