Consultation launched on powers for freedom of information appeals panel
- Consultation launched on giving Freedom of Information Appeals Panel legal powers to enforce its decisions
- Appeals panel currently has no mechanism to compel States Committees and Bodies to comply with determinations
- Panel's 2024 Summary Report highlighted issues with non-compliance after four years of operation
- Proposals include updating Reform (Guernsey) Law 1948 with limited statutory enforcement powers
- Consultation runs until 5th May 2026 seeking views from government bodies and interested parties
The Scrutiny Management Committee has launched a consultation on strengthening the Freedom of Information Appeals Panel's authority to enforce its decisions.
The consultation, which runs until 5th May 2026, seeks views on proposals to give the appeals panel legal powers to compel States Committees and Bodies to comply with its determinations.
The Freedom of Information Appeals Panel has operated for four years since its establishment on 1st January 2022. In its 2024 Summary Report, the panel highlighted issues with non-compliance in its determinations and recommended seeking additional legal powers to enforce compliance.
Currently, the appeals panel has no mechanism to enforce its decisions when States Committees and Bodies fail to comply. The panel was created to provide independent oversight of decisions on access to information under the Freedom of Information Code.
Deputy Andy Sloan, President of the Scrutiny Management Committee, said: "The Appeals Panel was created to provide independent oversight of decisions on access to information. But independence without the ability to enforce decisions is, in practice, limited."
"What this consultation is about is straightforward: whether we are serious about transparency, and whether we are prepared to give the system the authority it needs to command public confidence," he added.
"We are not proposing a wholesale redesign. We are proposing a practical step forward a more robust framework, with proportionate powers to ensure that when decisions are made, they carry real weight."
The Scrutiny Management Committee is proposing to submit a Policy Letter making recommendations on the powers and impartial management arrangements necessary to enable the appeals panel to compel compliance with its determinations.
After taking advice, the committee suggests updating the Reform (Guernsey) Law, 1948 to include specific powers for the panel. The proposed changes would include limited and proportionate statutory powers to enforce compliance, subject to a further right of appeal to the Royal Court.
While the Scrutiny Management Committee believes a fully independent appeals process requires a statutory framework and the development of a Freedom of Information law for Guernsey, it views the proposed powers as a first step to improving the current system's effectiveness and public confidence.
The appeals panel aims to provide an accessible, fair and transparent determination process for appeals against decisions made by Principal Committees or other States Bodies regarding information release under the Freedom of Information Code exemptions.
Government Committees and Bodies, along with other interested parties, are invited to submit their views and supporting evidence to scrutiny@gov.gg by Tuesday 5th May 2026.
How others have approached this
Jersey has a full Freedom of Information (Jersey) Law 2011 with statutory enforcement powers. The Jersey Office of the Information Commissioner (JOIC) acts as an independent regulator with powers to conduct compliance assessments, issue information notices requiring authorities to provide information, issue enforcement notices, and impose substantial fines. Under Article 45 of the law, the Commissioner has specific powers to enter premises, require supply of information and inspect records.
The Cayman Islands operates a comprehensive Freedom of Information system under the FOI Act (2021 Revision) with the Ombudsman serving as the appeal authority. The Ombudsman makes 'independent, binding decisions' about government responses to FOI requests and has powers to investigate and mediate disputes. If dissatisfied with internal reviews, applicants can appeal to the Office of the Ombudsman, whose determinations are binding on public authorities.
Gibraltar introduced its Freedom of Information Act 2018 with the Gibraltar Regulatory Authority (GRA) designated as the Information Commissioner. The GRA has regulatory responsibilities and enforcement powers, including the ability to conduct assessments and issue various types of notices. Appeals from the Information Commissioner's determinations can be made to the Supreme Court of Gibraltar, with the Commissioner having statutory authority to investigate and make binding decisions.
Malta's Freedom of Information Act (Cap. 496) establishes the Information and Data Protection Commissioner with oversight powers and the Information and Data Protection Appeals Tribunal for hearing appeals. Applicants can appeal decisions to the Commissioner and subsequently to the specialised Tribunal. The system provides a structured appeals process with an independent commissioner having investigative and decision-making powers, backed by a judicial tribunal for further appeals.
Q&A
Q: What powers is the consultation proposing for the Appeals Panel?
A: The consultation proposes giving the Freedom of Information Appeals Panel limited and proportionate statutory powers to compel States Committees and Bodies to comply with its determinations, subject to a further right of appeal to the Royal Court.
Q: How long has the Freedom of Information Appeals Panel been operating?
A: The Freedom of Information Appeals Panel was established on 1st January 2022 and has now been in operation for four years.
Q: When does the consultation close and how can people respond?
A: The consultation closes on Tuesday 5th May 2026. Government Committees and Bodies and other interested parties can submit their views and supporting evidence to scrutiny@gov.gg.
How others have approached this
Jersey has a full Freedom of Information (Jersey) Law 2011 with statutory enforcement powers. The Jersey Office of the Information Commissioner (JOIC) acts as an independent regulator with powers to conduct compliance assessments, issue information notices requiring authorities to provide information, issue enforcement notices, and impose substantial fines. Under Article 45 of the law, the Commissioner has specific powers to enter premises, require supply of information and inspect records.
The Cayman Islands operates a comprehensive Freedom of Information system under the FOI Act (2021 Revision) with the Ombudsman serving as the appeal authority. The Ombudsman makes 'independent, binding decisions' about government responses to FOI requests and has powers to investigate and mediate disputes. If dissatisfied with internal reviews, applicants can appeal to the Office of the Ombudsman, whose determinations are binding on public authorities.
Gibraltar introduced its Freedom of Information Act 2018 with the Gibraltar Regulatory Authority (GRA) designated as the Information Commissioner. The GRA has regulatory responsibilities and enforcement powers, including the ability to conduct assessments and issue various types of notices. Appeals from the Information Commissioner's determinations can be made to the Supreme Court of Gibraltar, with the Commissioner having statutory authority to investigate and make binding decisions.
Malta's Freedom of Information Act (Cap. 496) establishes the Information and Data Protection Commissioner with oversight powers and the Information and Data Protection Appeals Tribunal for hearing appeals. Applicants can appeal decisions to the Commissioner and subsequently to the specialised Tribunal. The system provides a structured appeals process with an independent commissioner having investigative and decision-making powers, backed by a judicial tribunal for further appeals.
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