PAPER D1
Purpose : For Decision
REPORT
TO THE EXECUTIVE
Date : 19 NOVEMBER
2002
Title : FREEDOM OF
INFORMATION ACT 2000 – PUBLICATION SCHEME
REPORT OF
THE PORTFOLIO HOLDER FOR RESOURCES
IMPLEMENTATION DATE : 29 NOVEMBER 2002
SUMMARY/PURPOSE
1. To approve the
submission to the Information Commissioner of the Isle of Wight Councils
publication scheme.
BACKGROUND
2. The Freedom of Information Act 2000
requires, amongst other things, that the Isle of Wight Council adopt and
maintain a publication scheme which must be approved by the Information
Commissioner (the new title for the Data Protection Commissioner) by December
2002 and in place by February 2003. The publication scheme as adopted will
define all information the Isle of Wight Council currently publishes to provide
easier access to the public to key information they seek as well as to promote
more open government.
3. The Publication Scheme must detail the
types of information the Authority publishes, the form in which information is published
and details of any Charges. A project
group was convened to draft the initial publication for submission to the
Council which was represented by one member from each directorate.
4. The scheme is subject to review and it
is probable will be approved with a limited life span to enable review and
amendment. It is the principle of the
scheme which will be approved by the Information Commissioner and minor
amendments may be made to ensure that the scheme is up to date. The authority will therefore need to make
sure that there is a system in place to regularly review the scheme.
5.
A full copy of the draft scheme has been circulated
to members and is available in the members room.
6. The publication scheme is part of the delivery of the Council’s mission towards open government and will make access to key information easier for the public as well as being a legislative requirement.
7. The Publication scheme working group has prepared the scheme
following input from all Directorates and in light of the advice from the
Information Commissioner.
FINANCIAL/BUDGET
IMPLICATIONS
8. There are financial implications including the cost of
reproducing the scheme on request. The
authority will also need to appoint an officer to deal, in part, with the
review and maintenance of the publication scheme and ensuring that systems are
in place to enable the authority to comply with access requests in 2005. The
human resource element of this proposal will be subject to the normal budget
bid process.
LEGAL IMPLICATIONS
9.
The Isle of Wight Council is under a statutory duty under s19 Freedom of
Information Act 2000 to prepare and submit the scheme for approval by the
Information Commissioner by 31 December 2002 at the latest. Failure to do so could result in enforcement
action by the Information Commissioner and penalties imposed including costs.
EVALUATION / RISK
MANAGEMENT
10.
(i) The scheme adopted by the council is still subject to the Information Commissioners approval and as such is not guaranteed to be accepted. The Authority will receive any comments or suggestions made by the Information Commissioner and if compatible wit the authorities objectives will adjust accordingly.
(ii) The Isle of Wight Council will be bound to produce on demand the information which it says it will publish with limited exception.
(iii) The information referred to in the scheme is already publicly available and there are therefore no additional Human Rights implications.
(iv)
There are no Crime and disorder
implications the Isle of Wight Council should have regard to.
11. (i) To approve the Councils scheme as attached and authorise the
Strategic Director of Corporate and Environment Services to submit the final
scheme to the Information Commissioner for formal confirmation before 31st
December 2002.
(ii) To
authorise the Strategic Director of Corporate and Environment Services to
publish and maintain the scheme.
(iii) Not
to approve the principle of the scheme or to do so following further amendments
RECOMMENDATIONS
12. To agree
recommendation (i) & (ii).
13. Sample of Draft Publication scheme
Contact Point: Head of
Legal and Democratic Services 823207
|
M J A FISHER |
R R Barry |
|
Strategic Director Corporate and Environment
Services |
Portfolio Holder for Resources |