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Industry leaders share ‘alarm’ at FoI appeal restriction plans

The News Media Association has expressed “alarm” at plans to restrict the right to appeal decisions made by the Information Commissioner regarding the Freedom of Information Act.

In a report on the tribunal system published this week, the House of Commons Justice Select Committee said the government should legislate to remove the right to appeal a decision by the Commissioner to the First Tier Tribunal (FTT).

Under the proposals a right of appeal to the Upper Tribunal would remain, but only on a point of law.

This had been the view of the Independent Commission on Freedom of Information, which published the findings of its review of the Act in March this year.

Lucy Gill, NMA legal, policy and regulatory affairs advisor, said: “The right of appeal to the FTT is an important and valuable check on the Information Commissioner’s decision-making which should not be removed.

“A much better way to speed up the appeals process would be to introduce statutory time limits on the first stage of that process, where public authorities review their own decisions not to disclose by way of an ‘internal review.'”

The Commission said stripping the FTT of its role would tackle delays and duplication in the appeals process.

However, the Campaign for Freedom of Information has said “the right to challenge the Information Commissioner’s decisions is important and losing it would be a major blow”.

In 2014, 21pc of appeals to the FTT on FoI met with some or total success – with examples of recent successes including rulings that required the Cabinet Office to disclose how members of the Chilcot inquiry into the invasion of Iraq were appointed.