Scrutiny committee seeks changes to freedom of information code to make appeals binding
- Scrutiny Management Committee asks Policy & Resources Committee to amend Guernsey's Freedom of Information Code
- Freedom of Information Appeals Panel decisions are currently not legally binding
- Two matters require clarification: public-interest test operation and distinction between absolute and qualified exemptions
- Committee has developed proposals to place appeals process on statutory footing
- Amendments should be tightly focused without requiring wider review of existing code
The Scrutiny Management Committee has asked the Policy & Resources Committee to amend Guernsey's Freedom of Information Code to address weaknesses in the appeals process.
The committee has identified that decisions made by the Freedom of Information Appeals Panel are not legally binding, meaning there is no effective mechanism to compel public bodies to comply with its determinations.
The Scrutiny Management Committee has been developing proposals to place the appeals process on a statutory footing, which would give panel determinations legal effect without introducing a comprehensive statutory freedom of information regime.
However, following public consultation and legal advice, two matters in the existing code require clarification before the proposals can proceed.
The first concerns the operation of the public-interest test, including how the balance between disclosure and non-disclosure should be assessed on appeal. The second concerns the need to distinguish clearly between exemptions that are absolute and those that are subject to a public-interest test.
As responsibility for the Freedom of Information Code rests with the Policy & Resources Committee, the Scrutiny Management Committee has referred these matters to that committee for consideration.
The Scrutiny Management Committee considers that the necessary amendments should be tightly focused and should not require a wider review or replacement of the existing code. The committee remains committed to strengthening the appeals process and will reconsider how to progress the statutory framework once the necessary clarifications have been made.
Deputy Andy Sloan, president of the Scrutiny Management Committee, said: "Freedom of Information is an important part of public accountability. But an appeals process is only meaningful if its decisions can be enforced. At present, the Appeals Panel can determine that information should be disclosed, yet there is no effective mechanism to ensure that this happens."
He added: "Our objective has always been to address that weakness without creating an unnecessarily complex or bureaucratic system. We have undertaken preparatory work, including consultation and the development of a proposed statutory framework, but the legal review has identified two areas of the existing Code that require clarification before we can proceed."
Deputy Sloan said the issues were limited and could be resolved without reopening the wider freedom of information framework.
"Responsibility for the Code rests with P&R, and we hope the Committee will take this work forward promptly," he said.
"Ultimately, this is about ensuring the public has confidence in the Freedom of Information process. An independent appeals mechanism must be more than advisory to provide meaningful accountability."
Q&A
Q: Why are the changes to the Freedom of Information Code needed?
A: Currently, decisions made by the Freedom of Information Appeals Panel are not legally binding, so there is no effective mechanism to compel public bodies to comply with its determinations.
Q: What two matters need clarification before the statutory framework can proceed?
A: The first concerns the operation of the public-interest test, including how the balance between disclosure and non-disclosure should be assessed on appeal. The second concerns the need to distinguish clearly between exemptions that are absolute and those that are subject to a public-interest test.
Q: Who is responsible for making changes to the Freedom of Information Code?
A: The Policy & Resources Committee is responsible for the Freedom of Information Code, which is why the Scrutiny Management Committee has referred these matters to that committee for consideration.
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