UNISON activists dealing with PFI and contracted-out services have a
new weapon at their fingertips – the Freedom of Information Act
Freedom to find out
The Freedom of Information Act became law earlier this year, but still
awaits its first test by trade unionists. UNISON hopes local branches
will be able to take advantage of the new law, particularly when seeking
information that has previously been withheld from the public domain.
Under the new Act, individuals (or union branches) have gained a legally
enforceable right to know if a public body holds information - and the
right to ask for it.
The principle behind the Act is to encourage transparency of information
held by public bodies. It means that unprecedented access to details of
financial discussions between management and PFI contractors, the employment
policies of tendering companies and chief executives’ pay is now
available – if you know how to ask for it.
More than 100,000 bodies are covered, including schools, GPs, local authorities
and the NHS. The application process is simple and replies must be made
in 20 working days or less.
A separate Act in Scotland is regarded as being even more robust, with
a major campaign now underway north of the border to raise public awareness
of the new rights.
The introduction of the Act is a major victory for the pressure group
Campaign for Freedom of Information, which has been putting pressure on
the government since 1984 to have more information available to the public.
The CFI is currently working with UNISON to produce the first comprehensive
guide to the Act for trade unionists, which is due to be published in
May.
"The FOI Act should be a vital tool for trade unions, particularly
in the public sector," says campaign director Maurice Frankel. "It
will open doors to important information about health and safety, equal
opportunities, contracts, PFI deals, pay and conditions and many other
issues.
“It also creates new opportunities to influence policy making, allowing
unions to see far more about the basis for new proposals or legislation,
check whether the arguments stand up and ensure that shortcomings are
addressed - not covered up."
UNISON policy officer Simon Watson says the new UNISON booklet will show
activists exactly how to apply for information under the Act and the scope
of information that is available. It will also include details of the
equivalent act in Scotland.
“It should be a useful tool,” he says. “Although UNISON
has a unit dedicated to finding out this sort of information it is notoriously
difficult to get fine details about contractors and contracts.
“Using this guide, activists will be able to get hold of such information
as lists of all contracts let by an authority and their renewal dates,
so branches can tell which contracts are up for re-tendering.
“They can also get hold of useful information such as outlines of
the business case for any PFI or Public Private Partnership.”
The booklet will also include model letters to ensure branches ask for
information in the correct way under the act and details of how to get
further help from the union in seeking information.
Other information covered by the Act includes:
- What consultants are used by public authority - time; costs; copy
of any reports produced
- Monitoring arrangements for a particular contract and contract performance
of a contractor. Details of any infringements of contract specification
and details of penalties imposed
- Contract clauses on the Best Value Code of Practice on Workforce
Matters.
- Information on new and existing policy development and implementation
– for example plans to comply with the (expected) new duty to
promote disability equality.
- Budget proposals and plans for Efficiency Savings
- Chief exec pay
- Results of pay and grading reviews and job evaluation – to
see if it has been carried out fairly, either for an individual or wider.
“As well as information on local issues, the act allows trade unions
and other individuals the right to request details from government departments
about privatisation policies, as well as info on the number of privatisation
consultants seconded or employed and where they come from," says
Simon Watson.
On the other side of the coin, he points out; in many cases it will be
Unison members who have to deal with public requests for information under
the act. Issues such as personal liability for destroying information,
organisations’ policies on storing information, and advice on staffing
levels, workload, and training issues are all included.
“It will be interesting to test the limits of the Act and see what
we can turn up,” adds Simon Watson.
“But I would definitely say don’t take no for an answer.”
Story by Sharon Watson
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