Contact: Kevin Gardner, ext 7381

Nick Gibbins, ext 7544

1 Summary

The following decision is sought:-

1.1 That the actions taken to prepare for full implementation of the Freedom of Information Act are endorsed, and the policy statement set out in the Appendix to the attached Report be approved.

1.2 That the Government be urged to finalise and make regulations on fees and the appropriate limit further to Sections 9, 12 and 13 of the Act, without further delay.

1.3 That the Government be urged to confirm the position with regard to regulations on the provision of environmental information further to Section 74 of the Act, without further delay.

1.4 That subject to the regulations referred to in Paragraph 1.2 and 1.3 above, approval in principle be given to a charging policy based on the following principles:

1.4.1 A flat hourly rate to be adopted for the purpose of estimating the cost of complying with a request, that rate being determined by the County Treasurer to reflect costs likely to be incurred by the Council. The rate shall be reviewed in August 2005 taking into account evidence as to the actual costs incurred in complying with requests.

1.4.2 Where costs are estimated to exceed the appropriate limit (signalled as being £450), the request should normally be complied with, subject to the full costs of doing so being recovered, unless the relevant Departmental Co-ordinator is of the view that complying with the request would be so time-consuming that other service provision would be compromised.

1.5 The County Treasurer be authorised to finalise the charging arrangements, reflecting the above principles as far as possible, in accordance with the relevant fees and environmental information regulations when finally approved.

2 Reason

2.1 To ensure that the County Council is fully prepared for implementation of the Act. The implementation of the Act is relevant to Aim 4 of the Council's Corporate Strategy - Building Strong and Safe Communities. The Act promotes greater openness and accountability, allowing the Council to serve its customers, stakeholders and the wider public more effectively. Communities that are better informed and empowered about local matters are better placed to engage in discussions about, and to influence decisions on, matters which affect them.

3. Other options considered and rejected:

3.1 An alternative means of estimating costs of complying with requests on a case by case basis has been rejected as being administratively cumbersome and time-consuming, leading to inconsistency and inequality.

4 Conflicts of interest declared by the decision maker or a member or officer consulted

None.

5 Dispensation granted by the Standards Committee

Not applicable.

6 Reason(s) for the matter being dealt with if urgent

Not applicable.

Approved by: ................................... ... Date: 11 November 2004

Councillor T K Thornber