For the Attention of:
The Rt Hon Speaker of the House of Commons
The Rt Hon the Lord Speaker
The Houses of Parliament, Westminster
Dear Sirs,
Re: Freedom of Information Act 2000 – Constitutional Omission of Section 14(1)
I write to raise a matter of constitutional significance following my examination of the Government’s original 2004 White Paper and foundational materials surrounding the introduction of the Freedom of Information Act 2000 (FOIA).
It appears that Section 14(1) — the so-called “vexatious request” clause — does not appear anywhere in the 2004 FOIA White Paper, nor in the corresponding explanatory policy materials that were presented to Parliament.
Given that Section 14(1) has since become one of the most broadly applied and controversial exemptions in the entire Act, its absence from the White Paper raises profound concerns, including but not limited to:
Whether Parliament ever scrutinised, debated, or intended Section 14(1) in its current form.
Whether the clause was introduced without transparent Parliamentary oversight, contrary to constitutional expectations.
The legal and democratic legitimacy of an exemption not presented to Parliament at the drafting and consultation stage, yet used routinely by public authorities — and upheld by the ICO — to block access to information.
The FOIA White Paper served as the definitive policy blueprint underpinning the legislation. Its omission of Section 14(1) means that Parliament may not have been properly informed of the nature, scope, or consequences of this exemption, which today underpins thousands of refusals nationwide.
Given the magnitude of this issue, I respectfully request that:
1. Parliament confirm when Section 14(1) was first introduced into the legislative drafting process.
2. The House clarify whether the current version of Section 14(1) received full Parliamentary scrutiny.
3. The matter be referred to the appropriate Parliamentary committee (such as PACAC or the House of Lords Constitution Committee) for urgent examination.
This is not a narrow technicality.
Section 14(1) — entirely absent from the White Paper — has evolved into a mechanism capable of fundamentally altering citizens’ access to information and the ability to scrutinise government.
The British public deserve to know whether this clause was properly introduced, properly debated, and properly justified at the time of legislation.
I look forward to a formal response.
Yours sincerely,
Alan M. Dransfield
FOI/EIR Campaigner
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