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Proposed FOI changes could see campaigning papers 'punished'

The Govenment has been warned that curbing the Freedom of Information Act could encourage authorities to refuse to hand over information to campaigning newspapers.

The warning was made in the House of Commons by Islwyn MP Don Touhig, when he spearheaded an all-party revolt over proposals which would lead to less information being disclosed under the act in future.

Mr Touhig told constitutional affairs minister Vera Baird that proposals to allow public authorities to take into account whether applicants for information to be released had been “unco-operative or disruptive” was a “direct invitation to authorities to discriminate against applicants who have not shown themselves to be sufficiently deferrent”.

He said: “The applicant who regularly appeals against refusals may be made to pay a price for doing so. Take a campaigning newspaper like the South Wales Argus.”

Mr Touhig said if newspapers criticised a local council’s handling of a request under the act it could be “punished for its temerity. It can be refused information as a result of being uncooperative or disruptive”.

He said this had caused him “considerable concern” and should not be the way the act should operate.

The MP said newspapers could also be adversely affected by proposals to allow authorities to consider the time they take in considering whether to respond to requests in calculating the cost involved. FOI requests can be rejected if the cost is more than £600 for central Government and £450 for councils.

Opening a Commons debate he said the Government had a proud record of introducing Freedom of Information legislation. But he added the changes would “take us in the opposite direction”.

Tory and Liberal Democrat MPs and other Labour backbenchers backed Mr Touhig.

But Ms Baird said only 21 responses had been received to the Government¹s consultation over the planned regulations.

She said the Government would take into account all the views put forward in the consultation before deciding whether or not to make the changes.