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Proposals to Extend Freedom of Information to Charities

on Thursday, 04 February 2016.

On 19 January 2016, Liberal Democrat chief whip Tom Brake MP introduced the Freedom of Information (Public Interest and Transparency) Bill 2015-16 (the Bill) to Parliament.

The Bill is a type of private member’s bill known as a ten minute rule bill.

Summary of the Bill

If enacted, the Bill would:

  • amend the Freedom of Information Act 2000 (the Act) to remove provisions permitting Ministers to overrule decisions of the Information Commissioner and Information Tribunal
  • limit the time allowed for public authorities to respond to requests involving consideration of the public interest
  • extend the Act to cover private companies, social enterprises and charities contracted to carry out work for public authorities and the Royal Household

Under the Act, members of the public are currently entitled to request information from public authorities, including some higher education institutions (HEIs).

How would the Bill affect charities and HEIs?

The Bill will be of interest to charities which are contracted to carry out work for public authorities, as they may be brought within the scope of the Act if the Bill is passed. This would put additional responsibilities on those charities to publish certain information about their activities and respond to requests for information, which, of course, would require resources and staff time. It is suggested that exempt charities would be included.

The Bill will be of particular interest to HEIs that are already subject to the Act because the Bill would reduce the timescales under which responses to requests involving consideration of the public interest must be made. At present, a public authority must respond promptly and, in any event, no later than twenty working days following receipt of a request. Factors such as limited resources, staff availability, workload and a lack of expertise mean that some HEIs already struggle to respond to requests on time. If the timescale is reduced, HEIs could face additional pressure.

The proposals have been criticised by the Acevo and the National Council for Voluntary Organisations.

What next?

The Bill will have its second reading on 11 March 2016. Whilst ten minute rule bills rarely become law, the proposal is indicative of wider demands for transparency in the wake of the collapse of Kids Company.

An independent review of the Act is also being undertaken by the Independent Commission on Freedom of Information. The Independent Commission has previously suggested extending the Act to charities. It is expected to make recommendations to the government following two oral evidence sessions at the end of January.

We anticipate that this issue will be one to watch in terms of its implications for our charity and HEI clients.


For more information, please contact Penny Byatt in our Charity Law Team on 0121 227 3701.

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