More Open but Not More Trusted? The Effect of the Freedom of Information Act 2000 on the United Kingdom Central Government

This article examines the impact of Britain's Freedom of Information (FOI) Act 2000 on British central government. The article identifies six objectives for FOI in the United Kingdom and then examines to what extent FOI has met them, briefly comparing the United Kingdom with similar legislation in Ireland, New Zealand, Australia, and Canada. It concludes that FOI has achieved the core objectives of increasing transparency and accountability, though the latter only in particular circumstances, but not the four secondary objectives: improved decision‐making by government, improved public understanding, increased participation, and trust in government. This is not because the Act has “failed” but because the objectives were overly ambitious and FOI is shaped by the political environment in which it is placed.     

The Future of Freedom of Information in the United Kingdom

This article investigates the future of Britain's Freedom of Information Act [FOIA]. It argues that the UK FOI regime faces a set of unique opportunities and challenges that may decisively impact upon the shape of FOI policy in Britain.
On the one hand, the increasingly assertive FOIA appeal bodies, constant pressure from requesters, alongside the more open habits practised within the Civil Service, may serve together to 'open up' government information access. This in turn may widen and strengthen the British FOI regime.
On the other hand, a series of potential obstacles may inhibit or undermine the new FOI regime. Delay and inconsistency, potential record management problems and 'gaps' within the scope of the Act, all present possible barriers to further openness. Most of all, following the two recent attempts to limit the scope of the legislation, the intentions and actions of the government will be crucial in shaping the future of FOI policy.     

Less Government, More Secrecy: Reinvention and the Weakening of Freedom of Information Law

Many critics have suggested that worldwide efforts to reinvent government could also weaken democratic control over public institutions, but few have considered how attempts to implement the "new paradigm" in public management might affect a widely used instrument for promoting accountability: freedom of information law (FOI). FOI laws give citizens and nongovernmental organizations the right of access to government information. However, recent Canadian experience shows that reinvention can weaken FOI laws in three ways. First, attempts to reduce "nonessential" spending may cause delays in handling FOI requests and weaken mechanisms for ensuring compliance. Second, governmental functions may be transferred to private contractors and not-for-profit organizations that are not required to comply with FOI laws. Third, governments' attempts to sell information and increase FOI fees may create new economic barriers to openness. Thus, restructuring provides an opportunity for political executives, public servants, and some well-organized business interests to weaken oversight mechanisms and increase their own autonomy within the policy process.     

Freedom of Information and Parliamentary Departments

This article examines whether freedom of information (FOI) legislation should apply to those agencies working to support parliaments. In the past, FOI legislation was characterized as a mechanism to allow greater scrutiny of the executive branch by parliament and the community. On this analysis, there was no reason to extend the legislation to the agencies of the legislative branch. But the role of FOI legislation has developed so that it now forms part of a wider integrity framework of government. The need to ensure integrity is a concern for all three branches of government and this article asks whether there are any convincing reasons in principle or practice to exclude the parliamentary departments from the FOI regime.     

How Cabinet Size and Legislative Control Shape the Strength of Transparency Laws

Prevailing thinking surrounding the politics of secrecy and transparency is biased by assumptions regarding single‐party and small coalition governments. Here, the “politics of secrecy” dominates: Leaders delay or resist strong transparency and freedom of information (FOI) policies when they control parliament, and yield to strong laws because of imposition, symbolic ambition, or concessions when they do not. In effect, leaders weigh the benefits of secrecy against gains in monitorial capacity. Their support for strong transparency policies grows as the number of parties in their cabinet rises. So while the costs of surrendering secrecy trump the benefits of strong transparency reforms in single‐party governments, in broad multiparty coalitions leaders trade secrecy for tools to monitor coalition “allies.” Drawing on vivid international examples, patterns of FOI reform in Latin America, and an in‐depth study of FOI in Brazil, this article generates new theoretical insights into transparency and the “politics of monitoring.”     

Freedom of information acts and public sector corruption

Various countries have recently implemented Freedom of Information acts believing that greater transparency can reduce public sector corruption. To test this, we analyze annual data on 128 countries between 1984 and 2003 using a variety of propensity score matching techniques and overall find no significant relationship with one exception: In the developing world, FOI acts are significantly associated with rising levels of corruption. Further investigation suggests this may be due to the fact that the effectiveness of FOI acts appears to be conditioned by a country’s institutional arrangements.     

Googling the requester: Identity‐questing and discrimination in public service provision

Innovating upon previous field experiments and theories of identity‐based discrimination, we test whether public officials are using searches (“identity‐questing”) to profile citizens and acting on latent biases. Pairs of “institutional” and “noninstitutional” requesters send lower and moderate burden freedom of information (FOI) requests—providing no identity cues apart from undistinctive names, e‐mails, and ID numbers—to nearly 700 of Brazil's largest municipalities. Results show institutional requesters receive one‐fifth more responses than noninstitutional comparators. For moderate versus lower burden requests, noninstitutional requesters are 11% less likely to receive a compliant response than their institutional comparators. The only plausible explanation for these results is identity‐questing, a phenomenon that has far‐reaching policy implications. Most of the world's FOI laws, for example, contain vague ID obligations, which translate incoherently from laws to regulation and practice. Results enjoin public service providers to protect the identities of citizens by default or upon request.     

行政公开：政治文明的重要标志

政治文明主要包括两方面的内容:一是政府权力能够得到有效行使;二是公民权利能够得到充分的尊重和保障。纵观人类社会的发展历程,公民权利的维护和实现,始终是政治文明建设的难点和关键。公民权利的保护和发展程度,是衡量政治文明程度的重要标准。行政公开体现了对公民知情权、人格权、参政权、生存与发展权的尊重与保障,是政治文明的重要特征与重要标志。建设社会主义政治文明,必须建立和发展与国际接轨而又符合中国国情的行政公开制度。     

ASSESSING THE IMPACTS OF THE SURFACE MINING CONTROL AND RECLAMATION ACT

Even a dozen years since the passage of the Surface Mining. Control and Reclamation Act (SMCRA) there is little agreement on how well i t has worked. The paper attempts to assess the impacts of SMCRA in six major surface coal producing states. Although i t is not possible to make an unqualified overall national assessment, the evidence presented in the paper indicates that in many (but by no means all) cases, surface coal mining is now carried out in environmentally less destructive ways then before the Act. However, the accomplishments have fallen far short of expectations. The situation in some states has gotten worse than before the Act. Overall, the impact of the Act on the ground has been mixed and has depended on the rigor with which the Act has been implemented in individual coal states.     

ADVISING THE GOVERNMENT: THE FAMILY LAW COUNCIL

Abstract: The Family Law Council was established in November 1976 with the responsibility of advising the Attorney-General on the operation of the Family Law Act 1975. This paper examines the role, membership and operation of the Family Law Council and its performance as a body providing policy advice to government. Statistical data is included on a number of matters. Although the paper draws mainly on the experience of the Family Law Council, some of the comments and suggestions made are possibly appropriate, in varying degrees, to other advisory bodies of a similar type. The paper suggests that such bodies are capable of offering inexpensive and representative advice to government and, if certain disadvantages can be overcome, more use of some existing advisory bodies may be desirable and this may even result in economies. It also suggests that there is a need to examine the whole advisory body field and that it is also desirable that the need for some ground rules for the creation and the operation of advisory bodies should be looked into.     

Implementation of the Federal Chief Financial Officers Act

The Chief Financial Officers (CFO) Act of 1990 proposes to rationalize the many financial practices and systems of the federal financial establishment. Due to the significant number and magnitude of the changes required by the Act, those involved in implementing the Act are encountering unanticipated practical problems and issues. This article addresses some of the surfacing difficulties, including, the qualifications of CFO's; implementation costs, standards, and authority; content of financial statements; and the scope of audits including performance measurement.     

The Impoundment Control Act of 1974: Restraining or Reviving Presidential Power?

The power to impound allows the president to cancel or postpone the spending of appropriated funds. Over the years Congress has struggled with the challenge of maintaining some control over impoundment actions while still allowing sufficient discretion for the president during budget implementation. This article examines the events leading up to the passage of the Impoundment Control Act as Title X of the Congressional Budget and Impoundment Control Act of 1974, and the framework established by the law. It provides some analysis of data on rescissions and deferrals in the period from 1975–1995 and reviews efforts to grant the president expanded impoundment authority, culminating in the passage of the Line Item Veto Act of 1996. On April 10, 1997, the new law was found unconstitutional by a district court, but on June 26 the Supreme Court set aside that earlier decision on jurisdictional grounds, ruling that the plaintiffs (six members of Congress) lacked proper legal standing to bring the case ( Raines v. Byrd , 96–1671). However, the Supreme Court decision was confined to this technical issue and did not address the underlying constitutional questions. Whatever the further legal developments relating to the Line Item Veto Act, the article suggests that the issue of restraining or reviving presidential impoundment power will remain unsettled.     

A NEW FINANCIAL ADMINISTRATION AND AUDIT ACT FOR QUEENSLAND

Queensland's new Financial Administration and Audit Act received Royal Assent on 14th April, 1977 and replaces a law passed by Parliament some 103 years ago. Before the Act could be brought into force by Proclamation, a number of preliminary measures had to be taken. Hence, the target date for commencement of the Bill was 1st July, 1978.     

Licensing,Accreditation and Quality Improvement

This article provides an explanation of why consideration is needed of historical practice issues when designing new regulatory regimes. It also suggests some practice techniques that can be applied both to existing and new regulatory regimes to enhance the effectiveness of the regulation. It does so by exploring the problems faced by existing service providers and regulators following the introduction of a new regulatory regime intended to raise the standard of out‐of‐home care services in NSW. This involved agencies making the transition from a licensing regime based on minimum standards under the Children (Care and Protection) Act 1987 to accreditation, employing optimum practice standards, under the Children and Young Persons (Care and Protection) Act 1998.     

Congressional Budget Reform: Impact on the Appropriations Committees

The congressional budget process has undergone several major reforms in the last twenty years: the Congressional Budget and Impoundment Control Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985 and 1987 (Gramm-Rudman-Hollings I and II) and the Budget Enforcement Act of 1990 (BEA) that have had a direct impact on the Appropriations Committees and the appropriations process. This article evaluates that impact on the decision-making capacity and power of the Appropriations Committees.     

THE CAREER SERVICE IN THE 1980s: WHAT ARE THE FACTS?

This paper seeks to provide statistics on how the career service has developed within Commonwealth Government administration over the past decade or so. On the basis of trends in these data some speculations are offered on how the career service might look in the 1980s. The views expressed are speculations, not forecasts. In Commonwealth administration, the career service concept has by and large been held to embrace staff employed in the Commonwealth Public Service (CPS) under the Public Service Act, particularly permanent staff. While it is possible to debate the extent of the career service, this paper will confine itself to full-time permanent, temporary and exempt staff of the CPS, employed under the Public Service Act. It thus excludes staff employed under other Acts, although the opportunities for movement of CPS staff to statutory authorities and back again should not be overlooked.     

Australia's Northern Territory perspectives of public sector reform

This article analyses the forces driving reform of the Northern Territory Public Sector over the past 20 years. It spans an era in which the NT, a ‘small State’ moved from colonial-style dependency on external governments to self-government, with corresponding shifts in the public service. Included is an analysis of the demise of old civil service traditions and their replacement with modern methods of policy development and implementation. It scrutinizes the impact of politicians and politics on the public sector. It examines new legislation currently governing the public sector and the role played by the Public Service Commissioner in leading the reform movement through all its stages—from the analysis of weaknesses in earlier legislation to the passage of new legislation which encapsulates the philosophy behind a modern and effective public sector. It looks at what subordinate legislation is needed by a public service to add substance to a primary Public Sector Employment & Management Act. It analyses the main functions of the Act and highlights the roles and relationships of politicians with the Public Service Commissioner and the Chief Executive Officers of various government departments. Finally, it attempts to evaluate the strengths and weaknesses of the Act after three years of operation. (© 1997 by John Wiley & Sons, Ltd.)     

The Federal Line Item Veto Experiment: After the Supreme Court Ruling,What's Next?

The federal line item veto has ceased to exist, thanks to the Supreme Court's June 1998 ruling invalidating the expansion of the president's rescission authority that was contained in the Line Item Veto Act. This article reviews the application of the Act during 1997, its effect on spending and the deficit, the judicial reaction to its use, and the prospects for the restoration of some version of the power. President Clinton was quite restrained in the use of his new power, with the exception of his cancellations in the Military Construction appropriation bill; these were ultimately restored by the Congress. Because of the president's restraint, the Line Item Veto Act had a miniscule affect on spending and the deficit; total cancellations represented less than .04 percent of FY98 discretionary budget authority. Ultimately, the Supreme Court held that the Act violated Article I, Section 7 because it created a Constituionally impermissable way for the president to change laws. There is no clear fallback position for supporters of the Act; alternatives are either difficult to enact, hard to administer, or too weak to be considered an effective substitute. Given the problems in enacting any alternative, it may be that the federal line item veto will end up only as a historical anomaly.     

"A TERRIBLE HIDING." WESTERN AUSTRALIA'S ABORIGINAL HERITAGE POLICY*

Abstract: The Western Australian Museum was given responsibility for the administration of the Western Australia Aboriginal Heritage Act when it was enacted in the early 1970s. This essay examines the Museum's record in protecting the State's Aboriginal heritage particularly in relation to sites of current and continuing significance to Aboriginal people. It is argued that the Museum has been unwilling or unable to take the forceful action required if the wider society is to become cognizant of its responsibilities. The Noonkanbah and Argyle developments are examined in some detail; it is argued that the Museum, following retrograde amendments to the Act in 1980, has become a political arm of the government rather than an independent body able to provide professional advice on the protection of the State's Aboriginal heritage. Future prospects are discussed and recommendations made to improve the administration of the Act and the implementation of stated Government policy.     

Fixed‐Term Parliaments and the Challenges for Governments and the Civil Service: A Comparative Perspective

The Fixed‐term Parliaments Act significantly reduces the powers of the Prime Minister to manage the risk of government termination and to time elections to his or her party's advantage. In this paper we ask how the Act is likely to change the way in which governments terminate, their durability and opportunities for planning in government and departments. In answering these questions we draw on quantitative comparative evidence from other European countries that operate with fixed‐term parliaments. Our analysis suggests that fixing the parliamentary term can be expected to convert some opportunistically called elections into regular elections and to stabilise governments toward the end of the parliamentary term. But the Act is also likely to have unanticipated consequences in increasing governments’ vulnerability to failure before they reach the final sessions of Parliament. We explore these unanticipated consequences and outline their implications for governing style and Civil Service planning.