ABSTRACT
The Freedom of Information Act 2000, discussed in Chapter 24, represents a step in the direction of more open government by conferring on citizens a legal right, subject to limited exceptions, to access to information held by public bodies. An Information Commissioner has been appointed who is independent of parliament and accountable to the courts. The Commissioner’s jurisdiction comes into play after there has been a complaint made to a department or other public body, and that body has conducted an internal inquiry which produces no satisfactory outcome. Complaints are made by the public via a Member of Parliament. The Commissioner has wide powers to investigate complaints, including the right of access, under warrant, to enter and search the records of public authorities and, where it is suspected that information is being, or will be, suppressed, to remove that information. There is no right of appeal from the Commissioner to the courts, but his or her decisions are amenable to judicial review. The Commissioner lays an annual report before parliament, and issues reports on investigations undertaken.
