The Access to Information Central Clearing House was established by the UK Government in January 2005. The Central Clearing House was set up to ensure consistent application of the Data Protection Act 1998, the Freedom of Information Act 2000, and the Environmental Information Regulations (EIRs) across Central Government.[1] The Central Clearing House provides expert advice for cases referred to the Information Commissioner or Information Tribunal.[2]
Procedures exist to ensure that all requests which activate one of a number of 'triggers' are referred to the Clearing House.[3]
Controversies
editCritics have blamed the Central Clearing House for the rising number of appeals to the Information Commissioner and for 'being bent on blocking as many requests for information as it can'.[4]
In June 2020, openDemocracy published an investigation that found that the House had blocked the release of information related to the contaminated blood scandal in the United Kingdom. The files, eventually released in 2018, showed that the British government had privately admitted that some health authorities had been negligent.[5]
On 8 of June 2021 the UK government lost a request for a freedom of information request appeal in regards to details about the Clearing house, the action was brought by openDemocracy. In its defence the cabinet office had offered a Wikipedia article. Judge Hughes, concluding said that there was a “profound lack of transparency about the operation” that “might appear … to extend to ministers” and that the tribunal had been misled by the department, headed by Michael Gove.[6][7]
An investigation by Politico Europe published on 12 June 2021 found that the Clearing House kept a list of journalists that made FOI requests and used it to determine whether those requests would be granted, in breach of the rule that FOI requests should be evaluated applicant-blind. Politico's investigation also found that the House blocked requests even when the Trade Department recommended granting them.[8]
In September 2021, Minister for the Cabinet Office Chloe Smith announced that government would undertake an "assessment of the role of the Clearing House." The House of Commons Public Administration and Constitutional Affairs Committee is also undertaken its own review of the Clearing House.[9] Later that month, openDemocracy further revealed that the Clearing House had interfered with release of information surrounding the Grenfell Tower fire.[10]
Triggers for referring requests to Central Clearing House
editThe Government has published a list of triggers which will result in request being referred to the Central Clearing House these triggers fall under five main headings:[11]
- Prime ministerial and ministerial issues
- Royal Household and honours
- Procurement and efficiency
- Cross-Whitehall issues
- Ministerial veto certificates and security
References
edit- ^ "Department for Constitutional Affairs - People's Rights - Freedom of Information". Archived from the original on 7 April 2010. Retrieved 6 May 2010.
- ^ "Archived copy" (PDF). Archived from the original (PDF) on 25 July 2011. Retrieved 6 May 2010.
{{cite web}}: CS1 maint: archived copy as title (link) - ^ "Defra, UK - About Defra - Access to information". www.defra.gov.uk. Archived from the original on 6 November 2009. Retrieved 6 June 2022.
- ^ "Archived copy". Archived from the original on 11 February 2007. Retrieved 6 May 2010.
{{cite web}}: CS1 maint: archived copy as title (link) - ^ "Revealed: Government's 'Orwellian' unit blocked infected blood scandal disclosure".
- ^ UK government loses legal battle over transparency of ‘Orwellian’ unit
- ^ Cabinet Office loses battle to sit on details of ‘secret unit’
- ^ "UK trade department data breach sheds light on secretive FOI unit". 12 June 2021.
- ^ "Cabinet Office announces review into controversial FOI unit".
- ^ "UK government's 'Orwellian' FOI unit interfered in Grenfell fire FOI requests".
- ^ List of ‘triggers’ for referral to the DCA Clearing House, Department of Constitutional Affairs