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April 19, 2008 7:23 PM

THE RIGHT STUFF

It’s rubbish when you don’t get answers to your questions, especially from politicians. But what if you could make them tell the truth? Jamie Lafferty investigates freedom of information

IT’S August. The exam results are in and you’ve narrowly missed out on getting into the university course of your choice. You’ve heard rumours that other people with similar grades have been accepted on to the course, so why haven’t you?

Rather than just accept the decision and prepare for life away from your friends, you could use the Freedom Of Information Scotland Act (FOISA) to find out if you’re being discriminated against. The FOISA states that “any person who requests information is entitled to receive it” – that doesn’t mean only a Scottish person or an adult. In Scotland “any person” is assumed to be anyone over the age of 12 and even people younger than that if they can clearly show that they know what they are asking for.

The process isn’t as scary as it sounds – take a look at the simple steps listed in the box – but your first course of action should be to work out exactly what information you are after.

Using the FOISA doesn’t always have to be as the launch point for some kind of protest either: teachers are bound to be impressed if you have used the Act to research an essay or dissertation, for example, while you may want to find out about anti-bullying campaigns in your area, or why a youth club has been shut down.

However, for some reason, young people aren’t taking advantage of their rights. As Scottish Information Commissioner Kevin Dunion says: “Research suggests that there are two groups who don’t seem to be making much use of their rights: the elderly, who don’t seem to be very aware of their rights, and young people who seem to be reluctant to make use of their rights – if they are aware that they have them at all.”

Dunion has come to Madras College in St Andrews to talk to some Higher and Advanced Higher Modern Studies students to see if he can find out why this is the case. Amid a series of questions, two pupils sum up the problems he is facing.

“I’d not heard of the legislation before getting ready for this visit,” says Tina Dixon. “Maybe there should be a better way of promoting what you do?”

“Maybe when I’m in a job it’ll be more important,” adds Matthew Wright. “But at the moment, I can’t see why it’s relevant.”

In fact, the FOISA is relevant to everyone and, since Dunion first took up his role in 2004, it has been used to investigate quite personal matters such as one person seeking information on a murder that had been committed in their house before they had bought it. At other times the Act has been used for high profile political cases, like the 2006 Sunday Herald investigation into Scottish Conservative leader David McLetchie’s expenses. Elsewhere, the Act was used to investigate the legality of the Iraq war.

Since the beginning of 2005, Dunion – Scotland’s first Information Commissioner – has had over 1500 appeals, on which he has taken 600 formal decisions. That doesn’t mean the others have been ignored – 90% of the cases are closed, having either been discontinued or resolved. He works independently of the government, although they appointed him.

However, the majority of information requests are dealt with before they reaches his team of 24 in St Andrews, as it is the duty of public authorities to help the public access the information they require once they make their request.

So what are you waiting for? As Dunion says, there’s no time like the present for a spot of DIY FOI.


For more information go to
www.itspublicknowledge.info


FOI 101

l Decide what kind of information you are looking for; personal, environmental etc

l Find out who to ask for the information. You can ask to see information from all Scottish public authorities or office-holders listed in the Act.

l Decide what information you would like. The public authority will help you here.

l Make your request in writing or in any form that can be kept for future use, like an audio recording or email.

l Your request should be dealt with for free. However, if it costs more than £100, you can be charged 10% of the cost.

l In most cases you should receive a reply within 20 working days.