Contractors to stay outside of FoI rules

Contractors supplying services to public authorities will not face requests under the Freedom of Information Act, in line with demands from the business community.



Heading off the prospect of extra costs for large and small government suppliers alike, policy makers said contractors would remain outside the scope of the 2005 legislation.



They explained that forcing compliance on private sector companies would also hike costs for the state, as the suppliers would pass on the bill for having to answer requests.



In their consultation on extending freedom of information rules, officials added that the burden of contractors needing to be 'FoI-compliant' might put them off public sector roles altogether.



Moreover, the information that contractors would be asked to provide might already be available via the public authority, "with whom the duty to provide services rests."



The Ministry of Justice added: "The government has concluded that no general expansion of FoI in relation to contractors is appropriate at the present time."



Some of the consultation respondents, which included the Information Commissioner, Intellect and NO2ID, said providing details on contractors and their performance should remain the government's job.



The CBI, the employers' organisation, agreed, but because of the cost issue, rather than to stop government departments wriggling out of their data-retention duties.



"Companies would find it extremely difficult to factor in FoI requests as a fixed cost when contracting with government and could set a price per request instead," the group said.



"This would mean contracts may engender significant additional costs where companies receive a substantial number of FoI requests."



In addition, details requested about a particular contract could be sought from both the contractor and the public authority, leading to a "proliferation of costs" and "potential litigation."



Whether or not freedom of information rules should apply to contractors performing a public service will therefore be kept under review, the MoJ said, citing the CBI's concerns.



In the meantime, all government contractors will be encouraged to comply with the spirit of the legislation, such as by volunteering information when requested.



However, consultation respondents argued that private sector firms contracted on 'transformational government' projects should be more than just expected to comply.



They said that such private sector outfits, alongside those on big state IT programmes like e-borders and ID cards, should be brought within the scope of the freedom of information rules.



Overall, though, only a minority of respondents called for government contractors who provide services of a public nature, or supply public authority services, to open up to the rules.



Contractors providing services to care homes, detention centres and prisons would be kept under the closest watch, the MoJ said, for often working on behalf of public authorities.



Other bodies will now be brought within the FoI act, including the Association of Chief Police Officers, UCAS and the Financial Ombudsman Service.