‘Implications of FOI for Local Authorities’

Edward J. Breen
Waterford City Manager

The traditional view of Local authorities is one of organisations whose decisions are made behind closed doors by nameless, faceless individuals. Over the decades this image is changing and the trends in the 1990's towards transparency and accountability have shone the spotlight on the decision makers and the process therefor in Local Government.
The Freedom of Information Act provides the statutory impetus to what has become a popular movement.

By its nature local government is close to the people it serves and information should be readily accessible. The local government system has been breaking down the barriers, gradually moving towards greater openness and transparency in its business with the public.

• Meetings of the local authority are held in public and are widely reported in the press.
• The physical planning system gives the public extensive rights of access, on demand, to planning information.
• Regulations granting Access to information on the Environment have been in place since 1993.
• The annual budget and final accounts are statutorily made available to the public for inspection.
• Annual reports are published, action plans adopted and published for areas as diverse as Waste management and the Library Service.
• Public notice and rights of comment or appeal apply to many of the local authorities activities

There has however still been a reluctance to make certain information available and in the absence, in most cases, of any statutory time limits within which requests for information had to be dealt with, long and frustrating delays often occurred.

In addition, the general public are often unaware, of the range of services provided by local authorities, how these services can be availed of and of their rights and obligations.

The Freedom of Information Act now affords the public the right to information on all aspects of local government business.

The major impact which the Act will have on the local authorities was recognised at an early stage, in the appointment of Freedom of Information Officers and setting up of Local Steering Committees to undertake the necessary preparatory work almost one year before commencement of the Act. This was unprecented in organisations which in recent years have taken on board huge volumes of legislation and responsibilities, without additional resources.

The key areas to be addressed were

Publication of compulsory information under the FOI Act
Staff Training
Record Management

The biggest implication for local authorities is the change in culture which is required to move from the assumption that information should only be released when absolutely necessary to the presumption that information should only be witheld when absolutely necessary.

WHY NOT? will feature largely in our handling of requests and I would anticipate a very high percentage of information release.

Another implication for the workings of the local authorities will be in the decision making processes with the introduction of a legal right of access to reasons for decisions affecting oneself. This should also be the area which will show the greatest benefits as this requirement will inevitably lead to greater clarity and objectivity .

There are areas of concern in relation to holding of confidential information which can be of the most vital importance to local authorities in carrying out its functions and also in the exchange of information with other statutory bodies some of which may not be covered by the Act.

Local authorities are currently in a period of change . The policy document “Better Local Government a programme for change” charts the course of local government into the next millenium. An essential and integral part of this change is that local government is becoming more inclusive to achieve greater involvement by the wider community and voluntary groups to promote an improved quality of service.

To ensure the successful participation of the community with the widest possible base, free access to information builds the confidence for proactive inclusion in the democratic process.

The Freedom of Information Act secures this objective on a statutory basis.