from Sunday Herald, 19 November 2006
PUBLIC trust in government has declined sharply in the past year because of revelations about the secretive behaviour of officials exposed by freedom of information legislation.
Only 46% of people in Scotland think the public should have more confidence in the decisions made by public authorities, compared with 53% a year ago. And there has been a similar drop, from 67% to 60%, in those who think public authorities are becoming more accountable.
The Freedom of Information (Scotland) Act, which came into force in January last year, was meant to boost confidence in government decision-making by making it more transparent. But an opinion poll of more than 1000 people for the Scottish information commissioner, Kevin Dunion, suggests that so far it has had the opposite effect.
“A lot of the stories that have come about because of freedom of information are stories the authorities would have previously withheld and weren’t keen on releasing,” said Dunion.
Details of the taxi receipts that led to the downfall of David McLetchie MSP, the former Tory leader at Holyrood, were initially kept secret by the Scottish parliament, though all MSPs’ expenses are now put online. And it took Northern Constabulary more than 15 months to say how much they paid for two Land Rovers – and only when they were ordered to do so by Dunion.
“When information has to be dragged out of authorities, we should not be surprised that the public is not wholly impressed,” Dunion said. Other factors, such as the government’s reasons for invading Iraq, could also have damaged public trust.
The opinion poll is due to be unveiled at a major conference on freedom of information in Edinburgh tomorrow. It was conducted by telephone in October by the Scottish social research agency, Progressive.
It comes as Dunion faces the first court challenges to his decisions. Next month, he is being taken to the Court of Session in Edinburgh by the Scottish Executive in an attempt to overturn two rulings ordering the release of ministerial correspondence about legal reform and a quarry in Ayrshire.
Earlier this month the National Health Service was in court arguing that obeying Dunion’s instruction to release details of childhood cancer cases in Dumfries and Galloway would breach patient confidentiality. A verdict is not expected until the New Year.
Since January 2005, Dunion has issued 300 decisions. In a clear majority of cases – 191 – he found either wholly or partly in favour of the applicant and against the public authority, either requiring information to be released or criticising the procedures used.
The opinion poll he commissioned showed 73% of people had heard of the Freedom of Information (Scotland) Act, up from 44% in 2004. As many as 68% agreed “more public authority information is available now than before”.
Despite declining confidence in decisions made by public authorities, the poll suggested there was a growing belief that freedom of information law was working. The proportion of people agreeing “public authorities will find a way round the act and won’t provide information they don’t want to” dropped from 66% last year to 57% now.
Because of concerns about the burdens on public authorities, ministers have been reviewing the operation of the Freedom of Information (Scotland) Act, though they have not yet decided what changes to make.
“ We have found the public’s response to freedom of information to be positive,” an executive spokeswoman said.
Dunion added that increased confidence in decision-making was the “big prize” politicians had wanted freedom of information legislation to bring. He was hopeful this would still be the outcome in the longer term.
“We’ve come a long way in a short time, but we’ve still to get the culture change the Act envisages,” he told the Sunday Herald. “We’ve embarked, but we’ve not yet arrived.”
CONFIDENCE IN PUBLIC AUTHORITIESstatement / % agree now / % agreed in 2005
The public can have more confidence in decisions made by public authorities / 46% / 53%
Public authorities are becoming more open and accountable / 60% / 67%
Public authorities will find a way round the Freedom of Information Act and won't provide any information they don't want to / 57% / 66%
More public authority information is available now than before / 68% / n/a
source: Progressive Scottish Opinion
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