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PFI companies may have to be more revealing

Freedom of Information could mean more must be exposed about government PFI and outsourcing deals

By Ron Coates

Published: 12 May 2004 17:40 BST

Companies in PFI (private finance initiative) and government outsourcing contracts may have to reveal more than they bargained for when the Freedom of Information Act comes into force next year.

That was the warning made by Information Commissioner Richard Thomas as he briefed MPs in a special hearing of the constitutional affairs committee.

Under the Act, requests for information held by over 100,000 public bodies will have to be met within 20 days unless they can prove that they are entitled to exemption from disclosure.

That could include information previously regarded as confidential, according to Thomas. In his written submission to the committee he made clear that his own emphasis and that of his office was on the side of the public's 'Right to Know'.

An Information Commission's Office spokeswoman said: "According to my notes, I believe that he was giving examples of what he would have to weigh up between the public interest and what is the commercial interest."

She explained that some companies and individuals had been concerned about the fact that information held about them by public bodies could soon be available under the Act, but that there had been no formal representations.

"I believe that it is all anecdotal. The team are very active in attending meetings and events. There has been nothing formal," she said.

Thomas also suggested that companies involved in PFI and government outsourcing might see the act as an indirect and unexpected new regulatory burden.

Thomas also released a statement that he intended to make ministerial vetoes of the release of government information under the act transparent. All veto decisions on freedom of information will be reported to parliament for consideration and scrutiny.

Thomas said in the statement: "Public interest must prevail. I hope the veto will be used very rarely, if at all, but I cannot let a culture develop that makes use of the veto common practice."

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