The new government has adopted a more liberal approach to disclosure under the code. Despite this, problems have continued. We are concerned at the proposal to exclude a number of bodies and functions from the scope of the Act. The most serious of the proposed exclusions relate to the law enforcement functions of the police, police authorities and government departments such as the Immigration Service. No overseas freedom of information law adopts this approach in relation to the police or immigration authorities.
Information is always available, unless disclosure is shown to be potentially harmful.
However, grave the misconduct, the the proposed Act will provide no access to information about such matters. This may weaken public confidence in their work. The white paper proposed that the privatised utilities would be subject to the FOI Act in their own right. The original proposal would provide a welcome response to the widespread concern at the loss of accountability resulting from privatisation of publicly owned utilities. The absence of competition and consumer choice in these essential industries coupled with the complex regulatory structures to which they are subject distinguishes them from conventional private sector bodies.