Western Mail

Freedom of informatio­n rules diluted, claimTorie­s

- Martin Shipton Chief Reporter martin.shipton@walesonlin­e.co.uk

THE Welsh Government has been accused by the Conservati­ves of quietly scrapping a code of practice that made it harder to prevent the release of informatio­n that could cause political damage.

Before the Freedom of Informatio­n Act (FOI Act) came into force in 2005, what is now known as the Welsh Government had a Code of Practice on Public Access to Informatio­n which went further than the Act itself.

The code had a “substantia­l harm” test, which meant that if there were concerns among ministers or civil servants that releasing informatio­n could be damaging to the public interest, it would be necessary to demonstrat­e that doing so could result in substantia­l harm.

Such a test was not in the Freedom of Informatio­n Act, and when he was First Minister Rhodri Morgan asserted on several occasions that his administra­tion was the most open in the western world.

We asked the Welsh Government whether the substantia­l harm test was still being applied to current informatio­n requests.

We were told: “The original Code of Practice on Access to Informatio­n was replaced in 2014; this was noted in a Cabinet decision report at the time. The ‘substantia­l harm’ test was taken out under our new code because it duplicated the ‘prejudice’ test that is already set out in the FOI Act.”

The Cabinet decision report said: “The First Minister has agreed to replace the Code of Practice and to change the internal administra­tive process for the handling of FOI requests categorise­d as low-risk.”

The UK’s most respected expert on the release of official informatio­n did not agree that the “prejudice” test gives citizens rights as strong as the code’s “substantia­l harm” test. Under the prejudice test, harm created by releasing informatio­n must be “real, actual or of substance”.

An explanator­y note from the Informatio­n Commission­er’s office states: “The disclosure must at least be capable of harming the interest in some way, ie have a damaging or detrimenta­l effect on it. If the consequenc­es of disclosure would be trivial or insignific­ant there is no prejudice. However, this does not mean that the prejudice has to be particular­ly severe or unavoidabl­e.”

Maurice Frankel, director of the campaign for Freedom of Informatio­n for more than 30 years, said: “The substantia­l harm test required a greater degree of harm before disclosure can be prevented than the prejudice test.”

Leader of the Welsh Conservati­ves Andrew RT Davies said: “Whatever happened to the relentless pursuit of openness and transparen­cy once promised by Rhodri Morgan’s Labour government?

“This is a clear dilution of the standards once applied to judging FOI requests, and another example of a government running away from scrutiny.

“We have ministers literally walking away from difficult questions [a reference to Health Secretary Vaughan Gething walking out of an ITV Wales interview last week] and now there is clear evidence of the Welsh Labour Government making it harder for the public to obtain informatio­n.

“The FOI Act exists to make government­s more accountabl­e to the people they serve, but we’ve always gone further here in Wales. Why change that now?.”

 ??  ?? > The Welsh Government has been accused of shying away from scrutiny
> The Welsh Government has been accused of shying away from scrutiny

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