Page 256 - Law and the Media

Freedom of Information
If the applicant is not satisfied with the response from the government department, agency
or public authority, he may make a further complaint to the Parliamentary Ombudsman via
a Member of Parliament. Complaints will be investigated at the Ombudsman’s discretion in
accordance with the procedures provided in the Parliamentary Commissioner Act 1967.

Because the Parliamentary Ombudsman is an independent officer of Parliament, he has the
power to see the papers relevant to each case. He will decide whether the government
department, agency or public authority was justified in refusing to provide access to the
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information south. The Parliamentary Ombudsman has produced his own leaflet, which
explains how he is able to help the public in these and other matters.

14.3 The Freedom of Information Act 2000

14.3.1 General principles

The FIA goes a good deal further than the Code. When in force, it will provide a general,
statutory right of access to all types of recorded information held by public authorities. The
FIA will also place a number of obligations on public authorities to ensure that information
held by them is easier to access. Two codes of practice issued under the FIA will provide
guidance to public authorities concerning responding to requests for information and
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associated matters and concerning records management. 5
The FIA also sets out the exemptions to the general right of access.

The FIA will be brought into full force by 30 November 2005. Implementation will be
gradual. Different types of public authority will be phased in over the next five years. Once
the FIA is fully implemented, it will have a massive impact. Secrecy will be out and
transparency will be in. Individuals and organizations will have the right to request access to
information that was previously denied.

14.3.2 Authorities subject to the Freedom of Information Act 2000

The Home Secretary, Jack Straw, stated that as a result of the FIA:

. . . for the first time people will have a statutory right of access to information held
by fifty thousand public authorities.

3
The leaflet is available from www.parliament.ombudsman.org.uk/parly.htm.
4
See the Draft Code of Practice On the Discharge of the Functions of Public Authorities Under Part I of the
Freedom of Information Act 2000 at www.homeoffice.gov.uk/foi/dftcp00.htm.
5
See the Draft Code on the Management of Records under Freedom of Information at
www.pro.gov.uk/recordsmanagement/FreedomofInformationdefault.htm.
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