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Plan to curb access to freedom of information would be 'unworkable'

By Robert Verkaik, Law Editor

The Government's proposals to reduce access to Britain's freedom of information laws will be unworkable and add to the bureaucracy of Whitehall, the legislation's independent watchdog has warned. Richard Thomas, the Information Commissioner, says he has "grave doubts" over measures aimed at curbing the right of MPs, campaign groups and the media to use the powers.

In response to Labour's rethink on freedom of information, Mr Thomas also predicted that the proposed change to the rules would lead to a "surge" of difficult complaints to his office.

He said the policy of restricting certain kinds of requests would encourage public authorities to "look primarily at the cost of compliance and the identity of requester rather than the public interest in the disclosure of the information sought".

Under the changes, an estimated 17,000 requests for information could be refused, saving £5.7m. It will mean that MPs, campaign groups and journalists will have to ration requests or risk their inquiries being automatically rejected. The Lord Chancellor, Lord Falconer of Thoroton, is understood to be committed to the changes to reduce the increasing burden of administration on civil servants.

Critics say it is a cynical ploy to neuter the role of the media and opposition MPs in using the legislation to uncover embarrassing or uncomfortable material about the government.

Lord Falconer is expected to renew his attack on the media when he delivers the Lord Williams of Mostyn Memorial Lecture to lawyers in central London today. He will say: "People, not the press, must be the priority. There is a right to know, not a right to tell." He will argue that the Government believes Whitehall was insufficiently open before it came to power in 1997.

But the public's right to know is central to openness and not the media's role in providing information, he is expected to say.

"We believe in openness," Lord Falconer will say. "This Government has opened up Whitehall and beyond in ways unimagined, unattempted and unrealised by any previous government in the UK. Good government is open government but good government is effective government too."

Mr Thomas told a committee of MPs yesterday that he had been "encouraged by the amount of information"released since the introduction of the Act two years ago. He said: "In my view the existing fees regime is simple, clear and straightforward and does not appear to act as a deterrent to requesters.

"The benefits - especially in terms of improved transparency, accountability and democracy - are clear." He said that even if the Government goes ahead with its proposals the media and other experienced users of the Act would find ways around the restrictions.

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