Unit 12 - Holding the Government to Account Flashcards
If you wanted to find out how much your local council collected in the previous year in on-street parking fines, what would be the best way to get the information? What details would you have to give when you request the information? Is it likely to cost you money?
The best way would be to use the Freedom of Information Act. First check on the authority’s website to see if the information has already been released. If it has not, you have to apply in writing (letter, email, fax) giving your name and address and indicating as clearly as possible the information you require. (You do not have to say why you want the information nor that this is an FOI request.) It is most unlikely to incur a charge as the information should readily be available.
Explain what is meant by exemption in the Freedom of Information Act. Distinguish between the two different forms of exemptions.
Exemption means that the information requested under FOI is of a nature that need not be released. Exemptions come in two forms – absolute and qualified. With an absolute exemption there is no public interest test, but if it is a qualified exemption, there is. In the latter case, the public body has to determine whether the public’s right to know outweighs the authority’s right to withhold the information.
To whom can you appeal against the refusal of a public body to release information?
Information Commissioner. To appeal against their decision, you can appeal to a First-Tier Tribunal.
What financial information must (English) local authorities now publish on a monthly basis and where can it be found?
Any expenditure over £500. Must be available on the authority’s website.
What financial information must central government departments now publish on a monthly basis and where can it be found?
Any expenditure over £25,000 and civil servant salaries over £159,000. Must be available on the department’s website or it can be accessed centrally at www.data.gov.uk.
What meetings of a principal local authority must be open to the press and public?
Full council meetings, cabinet meetings, committee meetings; scrutiny committees, sub committees. Press and public will, however, be excluded from any meeting if the item being discussed is confidential or exempt.
You are attending a scrutiny committee meeting, when the chairman says, “would the press and public please leave.” Explain whether this is a legal request.
The request is illegal. There are only two grounds on which the press and public can be excluded – confidential or exempt. To be confidential, the item must be such “that to disclose it would be contrary to the law or a court order” and the chairman must state that a confidential item is to be discussed and then exclusion is automatic – it is exceptionally rare. If it is an exempt item, a resolution must be proposed, seconded and passed stating the categories of exempt material that are about to be discussed. [Think how you would respond to such a request.]
Do the media have any more rights than the public in relation to attending and reporting local authority meetings?
The rights are practically the same. Since 2014 the media in England has been defined as newspapers, sound or TV broadcasts, electronic or other formats to provide news for the internet. This clearly covers citizen reporters. The only difference is that for the media there must be facilities to take notes, a pay phone, and the media cannot be excluded on the grounds that there is insufficient space.
In England what are the latest rights that are available for reporting local authority meetings?
It is now possible to film or record meetings, to use social media – including tweeting, blogging, and the use of YouTube and Facebook.
As a journalist which local authority documents relating to meetings of the authority should you regularly check and how could they be of use?
Check agendas for forthcoming newsworthy meetings or items. Check officer reports for good prelim stories.
Which official source is available for finding out what was said in a parliamentary debate? What is an even better website to find out about your MP, MSP or AM?
Hansard is the official site but much more useful is They Work For You.
