opendatastudy

Research on Open Data and Transparency


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My FOI: A list of all the FOI requests rejected as ‘vexatious’ since 2016

index

DEXEU hasn’t covered itself in glory in FOI terms, as the IFG have demonstrated. So I asked what requests had been labelled vexatious.

My FOI, made via WhatDoTheyKnow, asked

‘Dear Department for Exiting the European Union,

This is an FOI request for a list of all the FOI requests (in particular the detailed question or questions in each request) rejected as ‘vexatious’ since 2016.

Yours faithfully,

Ben Worthy’

Here’s the response:

Annex

Reference and Wording of request

DEX000313

* Please provide a breakdown of the £533 cost of a trip by David Davis to Belfast from Aug 31 to Sep 1, 2016. In providing the breakdown, please disclose the cost of the flights, the cost of accommodation and the cost of all meals. Please also provide copies of all receipts, bills and invoices relating to the trip.

* Please provide a breakdown of the £273 cost of a trip by David Davis to Dublin from Sep 8 to Sep 9,Please also provide copies of all receipts, bills and invoices relating to the trip.

* Please provide copies of all receipts relating to subsistence and meal claims by Oliver Robbins in relation to: * a trip to Paris/Rome starting on August 23; * a trip to Warsaw/Budapest starting on August 3;

* a trip to Brussels on September 5;

* a trip to Brussels starting on September 21;

* Please disclose the cost of the business premier rail travel relating to trips by Oliver Robbins starting on July 19, September 5 and September 21.

DEX000453

I would like all correspondence of decisions on the attendance of Ministers and Secretaries of State for European Union Exit and Trade Cabinet Committee meetings since July 2016.

DEX000454

I would like details of any minutes, agendas or briefings sent by the Cabinet Office to the Secretary of State for Wales, regarding the European Union Exit and Trade Cabinet Committee since July 2016.

DEX000455

Under the freedom of information act, I would like all correspondence of decisions on the attendance of Ministers and Secretaries of State for European Union Exit and Trade (Negotiations) Cabinet Sub-Committee meetings since

July 2016.

DEX000456

Under the freedom of information act, I would like all correspondence of decisions on the attendance of Ministers and Secretaries of State for European Union Exit and Trade (International Trade) Cabinet Sub-Committee meetings since July 2016.

DEX000457

Under the freedom of information act, I would like all correspondence of decisions on the attendance of Ministers and Secretaries of State for European Union Exit and Trade (European Affairs) Cabinet sub-Committee meetings since July 2016.

DEX000458

I would like details of any minutes, agendas or briefings sent by the Cabinet Office to the Secretary of State for Wales, regarding the European Union Exit and Trade (Negotiations) Cabinet Sub-Committee since July 2016.

DEX000459

I would like details of any minutes, agendas or briefings sent by the Cabinet Office to the Secretary of State for Wales, regarding the European Union Exit and Trade (International Trade) Cabinet Sub-Committee since July 2016.

DEX000461

I would like details of any minutes, agendas or briefings sent by the Cabinet Office to the Secretary of State for Wales, regarding the European Union Exit and Trade (European Affairs) Cabinet sub-Committee since July 2016.

DEX000462

Under the freedom of information act, I would like details of any minutes, agendas or briefings sent by the Cabinet Office to the Secretary of State for Northern Ireland, regarding the European Union Exit and Trade Committee since July 2016.

DEX000463

Under the freedom of information act, I would like details of any minutes, agendas or briefings sent by the Cabinet Office to the Secretary of State for Northern Ireland, regarding the European Union Exit and Trade (Negotiations) Cabinet Sub-Committee since July 2016.

DEX000464

Under the freedom of information act, I would like details of any minutes, agendas or briefings sent by the Cabinet Office to the Secretary of State for Northern Ireland, regarding the European Union Exit and Trade (International Trade) Cabinet Sub-Committee since July 2016.

DEX000465

Under the freedom of information act, I would like details of any minutes, agendas or briefings sent by the Cabinet Office to the Secretary of State for Northern Ireland, regarding the European Union Exit and Trade (European Affairs) Cabinet sub-Committee since July 2016.

 

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How Open is Britain in 2017 and Where Next?

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To celebrate International Right To Know Day, the Centre for British Politics and Public Life held a panel discussion on how Open Britain was. The UK has seen more than a decade of continuous openness reform, from Freedom of Information and Open Data and all sorts of information on gender pay gaps and experiments with election data. But where are we now?

Our panel of experts, Martin Rosenbaum (Journalist, BBC), Rosemary Agnew (Former Scottish Information Commissioner and now Scottish Public Services Ombudsman) and Professor Sarah Childs (Professor of Politics and Gender, Birkbeck College) debated how open the UK really is in 2017 and where we could go next.

If you want to know about the openness of Britain’s political candidates and restaurant hygiene, why FOI is not always enough and how Brexit could take us backwards, listen to the podcast below.

Listen on Sound Cloud https://soundcloud.com/british-politics-centre/how-open-is-britain-in-2017-and-where-next

For further reading

 


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How Open is Britain in 2017 and Where Next? 28 September 2017 – 18:30:

How Open is Britain in 2017 and Where Next?

Starts 28 September 2017 – 18:30
Finishes 28 September 2017 – 20:00
Venue G15 Malet Street Building, Birkbeck College
Free entry; booking required

Event description

In the last decades British government and society has been opened up in all sorts of new ways. From the Freedom of information Act to Open Data and from surgeons’ performance rates to ownership of UK businesses, we know a great deal more about what is being done and spent in our name. New initiatives promise new openness about everything from gender pay gaps to executive bonuses. Exposés such as the MPs’ expenses scandal show what effect the new openness can have.

But how open is Britain? How well do these new systems of openness and streams of data work? Can they be avoided or turned to politicians’ advantage? This seminar asks a panel of experts to discuss how open Britain really is and to look to the future and ask, as Britain moves into the opaque world of the Brexit negotiations and faces new and uncertain post-EU world, how open will the new UK be?

Panel:

Martin Rosenbaum (Journalist, BBC)

Rosemary Agnew (Former Scottish Information Commissioner and now Scottish Public Services Ombudsman)

Professor Sarah Childs (Professor of Politics and Gender, Birkbeck College)

This event will be chaired by Dr Ben Worthy, whose book The Politics of Freedom of Information: How and Why Governments Pass Laws that Threaten Their Power was published in 2017.

Sign up here https://www.eventbrite.co.uk/e/how-open-is-britain-in-2017-and-where-next-tickets-37457675917


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Gender Pay Gap Transparency: Will It Work?

Gender pay gap two

In July this year the BBC, with a bang and probably a muffled whimper, released details of its highest earners. It predictably provoked outrage at the overpaid but also, less predictably, re-ignited the debate on the gender pay gap. Political leaders were quick off the mark to condemn the stark gap between male and female presenters. Theresa May criticised the BBC for paying women less for doing the same job as men and Jeremy Corbyn suggested a pay cap.

How Big is the Gender Pay Gap in the UK?

Measuring the gap is tricky. Here’s a summary from the ONS of some of the key figures for the UK in 2016:

  • Average pay for full-time female employees was 9.4% lower than for full-time male employees (down from 17.4% in 1997).
  • The gap for all employees (full-time and part-time) has reduced from 19.3% in 2015 to 18.1% in 2016 (down from 27.5% in 1997).

So the gap is nearly 10% or 18% depending how you measure it. This FOI request shows how the gap has altered in the past decade or so in the UK. The pay gap is high, and higher than the UK, in many other parts of the EU, where the UK sits about seventh from the top: ‘across Member States, the gender pay gap varied by 21 percentage points, ranging from 5.5 % in Italy and Luxembourg to 26.9 % in Estonia’.  To get some sense of the scale of the problem, in 2015 ‘women’s gross hourly earnings were on average 16.3 % below those of men in the European Union (EU-28) and 16.8% in the euro area (EA-19)’.

Gender pay

So what’s being done?

Something, finally. Successive governments have been determined to open up gender pay. Gender pay transparency is actually a Labour policy from long ago in 2010. Theresa May’s sound and fury has been heard before. Back in 2010 a certain Theresa May, writing in the Guardian no less, already claimed she was ‘clearing a path towards equal pay’ in 2010.What she forgot to say was that the Conservative-Liberal coalition she was part of didn’t actually engage the requirement to publish gender pay, contained in section 78 of (Labour’s) Equality Act of 2010. They wished to pursue a ‘voluntary scheme.’ Alas, few volunteered. Four years into the scheme only 4 companies had reported.

David Cameron, in a second wind of revolutionary ardour, committed to engage mandatory reporting (5 years after not doing so). This would ‘eradicate gender pay inequality’. All companies over 250 employees would have to publish the data. As of April 2017 companies have a year to produce the data and a written statement explaining, if there is a gap, what action will be taken. After 2018 organisations not publishing will be contacted by the Equalities and Human Rights Commission. The light of transparency will, it is hoped, end pay inequality.

How’s it going so far?

Although a number of companies have been voluntarily publishing the data, as of May 2017 only 7 companies had reported. An email from the GEO from July informed me there were now 26 and, according to a spreadsheet on data.gov.uk, there are now 40.

That’s from an estimated 7,000 companies with 250 or more employees. On a very generous rounding up, that means only 0.57% companies have reported. At this rate, if the Equalities and Human Rights Commission must send out notices next April, they’d better fire up the old email wizard or buy plenty of stamps.

There is also concern over the coverage of the policy, as this paper argued:

Only around 6000…of the 4.7 million businesses in the UK have more than 250 employees. Thus, around 59% of employees would be unaffected by the provisions if reintroduced in their current form.

The government calculated that the pay gap reporting would cover 34% of businesses with a further 12% covered by regulations for public bodies, meaning ‘approximately 8,500 employers, with over 15 million employees’ would be opened up.

The Women and Equalities Select Committee argued that the data needed to be broken down by age and status, and applied to companies with less than 100 employees-moving to 50 in the next two years (the government argued smaller businesses may find it ‘difficult to comply due to system constraints’). May appeared to promise further action on gender pay before the General Election and there was a mention of more data in the manifesto but, like much in that doomed document, we’ll probably never know what, if anything, was intended.

What will publication do?

On a practical level much may depend on how the data is published and who accesses or uses it. Underneath this is a serious question for all transparency policies: what exactly will publication do? While opening up such data is useful, measuring gender inequality is highly complex and a ‘moving target’ and is caught within wider issues of female representation in public life, professions and boardrooms. There is a long way between publishing data on a problem and ‘eradicating’ it.

In the case of the BBC, the controversy has led to a letter and high profile lobbying but will it lead to real change? Tony Hall has set a deadline for action (2020) and promised representation and consultation. Now FT journalists may strike over it and Sheryl Sandburg has weighed in.

The former Secretary of State for Equalities spoke of how publication of gender pay gaps would have benefits in terms of ‘transparency, concentrating the mind and helping people make employment decisions’, all of which are either a bit tautological (transparency will make everything more transparent) or vague. More worryingly, a survey for the Young Women’s Trust found that many business were unconvinced ‘44 per cent of those making hiring decisions say the measure introduced last April will not lead to any change in pay levels’. In the 2016 the Women and Equalities Select Committee concluded that pay publication focuses attention on the issue but is not a solution: ‘It will be a useful stimulus to action but it is not a silver bullet’ and recommended that ‘the government should produce a strategy for ensuring employers use gender pay gap reporting’.

As the committee put it, openness is ‘a first step for taking action rather than an end in itself’. It is hoped that publication could drive up pay and standards-though the evidence of what publishing pay generally does is rather mixed (publishing executive pay appears to push overall pay up not down). Companies could be embarrassed into action but could, equally, ignore it, wait for the storm to blow over or kick it to the long grass with a consultation.

As with all sorts of openness, mandating publicity is only the start. Gender pay data must not sit on a spreadsheet but needs to wielded, repeated and find a place as a staple, symbolic benchmark-and become, like the ‘scores on doors’ restaurant star rating, a mark of quality or reason to avoid.

Images from UK government equality report and EU gender pay gap pages

 


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Prime minister of secrets: The short, closed premiership of Theresa May

Theresa May will be remembered as a prime minister who liked to keep things hidden. What’s less often commented on is how her obssession with secrecy explains why everything went so badly wrong….

Some claimed that Theresa May would be different. As home secretary she opened up police stop and search data, extended FOI to the Police Federation, and championed anti-corruption. Unlike Andrea Leadsom, she even published her own tax returns.

Sceptics told another story. In the Home Office, May was much keener on opening up her enemies than herself. She had a tendency to information control and secrecy and liked to work with a closed circle of trusted advisors, letting nothing out. Cameron’s likening of May to a submarine in the Brexit campaign, disappearing when trouble brewed, could be applied to her whole Home Office career. She sought to hide Border Force cuts from parliament in 2016 and, more famously, deflected blame onto officials in 2011 during a career threatening crisis.

It was these habits she took with her to No.10.

See the rest of the piece here on politics.co. uk


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New Paper: Brexit and Open Government in the UK: 11 Months of May

Westminster Terrorist Attack Statement

This paper examines how Brexit has influenced the UK’s transparency regime and how, in turn, will openness shape the UK’s Brexit process. There are three ways of looking at Brexit and open government: through possible changes to old policies and the pushing of new ones, through the new Prime Minister championing transparency or supporting secrecy, and the openness of the Brexit process itself, which so far has seen a struggle between the executive’s secretive prerogative powers and the legislature’s rights to know.

May’s government will also be seen as one that prized secrecy but conceded openness, an object (and abject) lesson in how hard it is to keep government closed in the 21st century. The May administration 2016-2017 is likely to be remembered as a secretive one, headed by a Prime Minister that wished to govern through confidentiality and closed networks. Though there were some high profile openness policies they were inherited and proceeded slowly, if at all.

Brexit reveals how badly the approach misfired. The government’s plan of no ‘running commentary’  and secrecy was undermined by the Supreme Court, the UK Parliament and the EU Commission, who all forced greater transparency and greatly limited May’s room for manoeuvre and concealment. The three institutions, creating and using ‘institution friction’ to open up government, also exposed the government’s lack of preparation and undermined the UK’s credibility and leverage even before Brexit began.

Read the paper here https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2988952


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Lifting the Cloud? Donald Trump’s Secrecy Problem (part 2)

              (Cover of Time Magazine 18 May 2017)

Not all secrets are bad. Keeping secrets is part of what makes us who we are. As Sissela Bok pointed out, we want, expect and need some level of confidentiality in all sorts of areas of our life, from job interviews to juries.

Nor is the revealing of a secret necessarily bad for politicians. Revelations are not always damaging or destructive. Some can survive or even thrive after exposes. President Mitterrand shrugged of a series of damaging revelations from his past while Bill Clinton’s impeachment led to greater popularity. The danger for a politicians is when secrecy and exposure either reinforce commonly held (negative) perceptions about you (let’s call it the Cameron or Clinton effect) or makes you do stupid things (let’s call it the Nixon effect).

The Clinton/Cameron effect

In terms of the Clinton/Cameron effect, exposure hurts worst when it confirms what the public already knew rather than reveals something shocking. Bill Clinton was seen as a liar and a womaniser and the Lewinsky affair in 1996 told America probably what it knew (or should have known) already. Similarly Hilary’s email ‘scandal’ reinforced what many felt, namely that the Clinton’s were dishonest. David Cameron’s 2016 tangle over his tax affairs again reinforced the view that he was a super-rich elitist out of touch with the country-a revelation, according to Tim Shipman, that helped swing the Brexit referendum towards Leave.

For Donald Trump the latest wave of revelations about Russia and his tangled attempt to get out of it confirms a great deal that we already know. For example, what does his leaking of classified information tells us? Trump is utterly lacking in caution and possesses a truly astonishing talent for self-defeating actions. There’s an interesting side debate over how a President can simply declassify information at will but a more worrying discussion over how, in doing so, Trump may have now breached his oath of office. Taken together, his actions on the Russia scandal tell us something we know already: that Trump appears, by an objective measure, unfit to be President. And those close to him such as Jared Kuschner, are under deep suspicion. Even the T word now being bandied about.

The Nixon effect

The second effect is that the need to conceal leads to a series of mistakes that deepen the crisis. Think of David Cameron’s strange present tense denials or Clinton’s lying under oath. Even by the standards of an impulsive, inexperienced leader Trump’s response has been extraordinarily self-defeating. His every action, every tweet or comment sinks him deeper. As Nixon’s former Counsel pointed out, Trump’s actions are not those of someone innocent. Trump’s actions have probably taken him far into impeachment territory.

And now?

The question is what happens next. From one point of view the new special counsel could give Trump a respite. Perhaps a formal investigation will slow or stem the leaks that flow continually from, well, everywhere while? Could it be that the formal investigation gives everyone a break from Trump’s uncontrollably impulsive actions? For all the furore it’s unclear what power the counsel will have. More importantly for Trump the findings are secret.

In fact, though the Counsel’s investigation may be secret, its very secrecy makes it even more attractive and interesting. Any findings from the Counsel will not be leak proof and this administration has proved by far the leakiest in history. It is very unlikely any potential leaker or journalist could resist trying to get it. Nor will what the counsel discovers stay safe from Congress as their report can also be subpoenaed.

Gradually small pieces of a complex jigsaw are being gathered together. None of the small parts of the puzzle are wholly incriminating. It’s not even clear what the big secret is or if it even exists. But each is incriminating of something odd or not right. Elsewhere I wrote that Trump’s bizarre cover-up tactics meant there’d be so much smoke that the existence of any fire would become immaterial. Post-Comey it looks as though Trump is purposely starting bigger fires amid an already burning White House.

Now the talk of written evidence or captured conversations means there could be a detailed paper trail, as seen with Comey’s statement (some context here). Will Trump, a president created by virtual celebrity, fake news and ephemeral information, find his fate is sealed by formal documents and record trails? If the evidence doesn’t get him, the allegations and his impulsive responses probably will: Trump the self-incriminating president may well be Clintoned and Nixoned simultaneously.

(See part one here)