The British Humanist Association (BHA) has responded to the Independent Commission on Freedom of Information’s call for evidence related to the functioning of the Freedom of Information Act 2000. The BHA submitted evidence based on two Information Tribunal cases it won against the Department for Education (DfE) related to the Free Schools programme. The BHA argued that the law as it stands has the balance correct – it requires decision-making to be transparent and so strengthens democracy by ensuring that ministers and relevant officials are held to account.
The first of the BHA’s two Tribunal cases was a case that means that the DfE now has to publish the names, religions and locations of Free School applications, when previously the bidding process was done in secret and only successful applications had their details announced. The DfE tried to claim that the publication of these details would discourage repeat applications, and that ministers and officials needed space to consider applications free from public sight. However, now that the information is required to be published, such negative effects on the Free Schools programme do not seem to have occurred – with instead there being more opportunity for public input and transparency around the subsequent decisions.
The second related to civil servants’ advice in the run-up to the decision by DfE ministers to extend state funding to Steiner schools through the Free Schools programme. The advice revealed that civil servants had serious concerns about racism and systemic bullying in private Steiner schools. Since its publication no further applications to start Steiner Free Schools have been approved, suggesting the case may have been effective in holding ministers’ decisions to account.
Both cases therefore related to the Government’s ability to effectively conduct public affairs, and whether the public interest lay in favour of or against disclosing information. It is these areas of FOI law that the Commission is considering rolling back.
BHA Campaigns Manager Richy Thompson commented, ‘It is vital that government decision-making is made in as transparent a way as possible and our FOI laws make it possible for such scrutiny to take place. Where there are strong reasons for the Government not to disclose information, then the public interest would be against disclosure and so the information would not be released. But changing the law to make it more restrictive would mean that information could be withheld even if the public interest is in favour of disclosure. Almost by definition this would be a bad day for British democracy.’
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For further comment or information contact BHA Campaigns Manager Richy Thompson on 020 7324 3072 or at richy@humanists.uk.
Read the call for evidence: https://www.gov.uk/government/consultations/independent-commission-on-freedom-of-information-call-for-evidence
Read the BHA’s response: https://humanists.uk/wp-content/uploads/Independent-Commission-on-Freedom-of-Information-call-for-evidence-response-from-the-BHA.pdf
The BHA also put its name to the UK Open Government Civil Society Network’s response, and signed a letter by the Campaign for Freedom of Information on the matter.
The British Humanist Association is the national charity working on behalf of non-religious people who seek to live ethical and fulfilling lives on the basis of reason and humanity. It promotes a secular state and equal treatment in law and policy of everyone, regardless of religion or belief.