WIREDGOV

The Welsh Assembly Government has published a new Code of Practice on Access to Information which has been introduced following the legal separation of the Welsh Assembly Government and Parliamentary Service under the Government of Wales Act 2006. Prior to this, the Code covered both.

The Welsh Assembly Government continues to be committed to open government. Its commitment is explained through eight key principles in the new Code which are maximising openness; using clear language; maintaining a Publication Scheme; publishing on the Internet; respecting privacy, confidentiality and law; prompt and comprehensive responses; right of complaint and providing information free of charge.

The previous Code of Practice went further than the Freedom of Information Act in terms of openness as it included a ‘substantial harm test’ which provides that information will, in most cases, only be exempt if disclosure would result in substantial harm. The new Code of Practice retains the substantial harm test as a key feature of the Welsh Assembly Government’s policy on access to information.

One significant change made is that the new Code allows for information requests to be refused where the cost of dealing with a request would exceed the ‘appropriate limit’ of £600. Section 12 of the Freedom of Information Act allows for this.

The First Minister said:

Since 1 January when the Freedom of Information Act came into force, we have received a number of very wide ranging requests which have been difficult - and sometimes impossible - to clarify with those seeking the information. These requests have made a significant impact on the work of officials and have been difficult to complete within the statutory timescales.

I have concluded that it is reasonable to impose the limit of £600 as, the FOI Act allows us to do, as it is not in the public interest for information requests to have a detrimental effect on our work. We remain committed to being one of the most open governments in the world and I am confident that our new Code of Practice signifies that stance.

The new Code of Practice is published on our website on www.information.wales.gov.uk

3 December 2007