Freedom of Information Act may cover contractors

The Government is considering extending the scope of the Freedom of Information Act to cover contractors who provide services to a public authority.

The Freedom of Information Act 2000 (the Act) came into force on 1 January 2005. The Act makes provision for the disclosure of information held by public authorities and presently applies to over 100,000 public authorities, including central government departments, local authorities, schools, colleges and universities, the health service, the police and a range of other public bodies.

The Act also includes the provision to extend its coverage to organisations that carry out functions of a public nature and to contractors who provide services which are a function of that public authority.

This can be done through making an order under section 5 of the Act (a section 5 order) whereby such organisations would be designated as public authorities for specified functions for the purposes of the Act.

Consultation

The Ministry of Justice is now conducting a consultation exercise aimed at seeking views as to whether the Government should look to use the powers under section 5 and extend the coverage of freedom of information (FOI) and if so which organisations it should consider.

The consultation specifically asks for comments on nine points. One of which says:

"Do you agree that the coverage of FOI should extend to contractors who provide services under contract with a public authority whose provision is a function of that authority? If you disagree, please give your reasons."

The consultation closes on February 1, 2008. Further information is available from the Ministry of Justice.