11 - Embedding FOI

Summary

Introduction

An FOI officer's job is to ensure that their authority is in a position to comply with its obligations under the relevant FOI laws. Those obligations include answering requests, ensuring that the infrastructure is there to enable that to happen, and meeting additional requirements to publish information proactively.

In order to achieve this, FOI officers need help. Contrary to popular belief, they do not have instant access to every record in their authority, nor are they omniscient. They rely on others to identify relevant information and provide it. In many authorities, colleagues across the organisation may even respond to requests directly. Those people need to know what is expected of them. If they don't co-operate, FOI officers may need support from senior managers, who also want to know how the authority is performing, and whether there are any issues with compliance that need to be addressed.

More and more public authorities outsource services, with implications for FOIA compliance. With an increasing emphasis on proactive disclosure, practitioners need to consider how to promote a more open culture within their authority.

This chapter looks at what public authorities need to put in place to ensure they are in a position to comply with their obligations under FOI laws.

Senior level commitment

It is no good appointing an FOI officer and assuming that will ensure FOI requirements will be met. Public authorities need to ensure that responsibility for FOI compliance goes all the way to the top. The Irish code of practice discussed in Chapter 10 stresses that the management board of an authority is responsible for ensuring that the ‘necessary structures’ and ‘effective governance’ are in place. The Scottish Information Commissioner recom mends that a senior member of staff is made accountable and responsible for compliance with FOI legislation. Other managers should also be responsible for ensuring that policies and procedures are in place and that their staff are trained. The Irish code states that senior managers are responsible for promoting the idea that FOI is part of the core work of the authority.

This idea that senior managers should take responsibility for FOI is important. Leadership from the top is essential if an organisation is to implement FOI legislation successfully.