Written question asked by Lord Avebury (Liberal Democrat), in the House of Lords. It was answered by Baroness Ashton of Upholland (Labour) on Monday, 6 November 2006.

Freedom of Information

Question: What safeguards are in place to ensure that public authorities do not use the application of a public interest test to delay disclosure of information under the Freedom of Information Act 2000 beyond the time that is required to perform such a test.

Answer: Section 10 of the Freedom of Information Act requires public authorities to respond to requests for information promptly, and in any event no later than the 20th working day following receipt of the request. This timescale can be extended if the public authority requires additional time in order to determine whether the balance of the public interest requires disclosure of information that falls within a qualified exemption. If the requestor complains about the handling of a request, public authorities’ own internal complaints procedures will need to consider whether the request was processed within the time limits prescribed in the FoI Act. The Information Commissioner and the Information Tribunal will also be able to consider the timeliness of responses in determining whether public authorities have acted lawfully and in accordance withSection 10.

Secondary information

Type: Written question
Reference: 8020; 686 c85WA
Session: 2005-06
Subjects: Disclosure of information Administrative delays Freedom of information Police Public interest
Link: View this Written question on www.publications.parliament.uk