Copyright belfastlive
The Information Commissioner has issued formal Practice Recommendations to eight of Stormont's departments following an assessment that found systemic failures in publishing compliance statistics under the Freedom of Information Act. In early 2025, the Commissioner's staff assessed all nine Northern Ireland government departments to determine whether they were publishing statistics on handling information requests in line with the requirements of the Section 45 Freedom of Information Code of Practice (the Code), issued by the Cabinet Office in July 2018. Of the nine Stormont departments, the Department for Communities were the only department not to be issued with a Practice Recommendation, a tool used by the ICO to address failures by public authorities to uphold information rights standards. The central issue identified across the board is a failure to conform to Part 8.6 of the Code, which dictates that public authorities should publish their compliance statistics on a quarterly basis Many departments had published annual statistics, which the Commissioner welcomed, but this still fell short of the quarterly frequency recommended by Part 8.6. The Department of Health was also noted to have less up-to-date statistics, with its most recent figures dating back only to 2023. Several departments were also cited for not proactively publishing the details of their performance, as required by Part 8.5 of the Code, which applies to public authorities with over 100 Full Time Equivalent employees. The Department for Infrastructure was identified as not proactively publishing up-to-date performance statistics and was found non-conforming to both Part 8.5 and Part 8.6 of the Act. While DfI did disclose relevant information for 2024 in response to a FOIA request, this was deemed to fall "considerably short" of the Code's recommendations. The Department of Justice was also found non-conforming to both Part 8.5 and Part 8.6, having not proactively published up-to-date performance statistics. While the DoJ advised the Commissioner that some statistics (up to the end of 2023) were published in its disclosure log, the Commissioner was unable to locate this specific information, and reliance on the log was deemed inadequate. DAERA was identified as proactively publishing some statistics, but these did not include all the information specified in Part 8.5 of the Code. Specifically, DAERA's published information was missing the number of received requests that had not yet been processed and the number of requests referred for internal review. The Information Commissioner is now requiring the departments to take specific steps, including publishing performance details and making them easily accessible on the respective websites; ensuring that statistics include, as a minimum, the categories of information set out in Part 8.5 of the Code; updating all published statistics quarterly in accordance with Part 8.6 of the Code and considering the Commissioner’s published guidance and accompanying templates on "How to report on your performance on handling requests for information under FOIA 2000". The Commissioner had provided a reminder of these requirements to the departments in March 2025 and made them aware of online resources developed to assist with compliance. All departments must submit a written confirmation to the Commissioner within one month of the recommendation date (October 16, 2025) to confirm their compliance A practice recommendation cannot be directly enforced by the Commissioner. However, failure to comply with a practice recommendation may lead to a failure to comply with FOIA, which in turn may result in the issuing of an enforcement notice. Furthermore, failing to take account of a practice recommendation may lead, in some circumstances, to an adverse comment in a report to Parliament by the Commissioner. The Commissioner has also said that they will consider the practice recommendations when handling future cases involving these departments. For all the latest news, visit the Belfast Live homepage here and sign up to our politics newsletter here.
