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What Happens Now?
The Freedom of Information Act grants people access to information held by public authorities. These authorities include1:
- The UK’s parliaments (including the Senedd).
- Government departments and agencies.
- Local government (unitary authorities and town/community councils).
- Governing bodies of certain institutes, such as universities.
- Publicly-owned companies.
- Public boards (i.e. health boards).
The Freedom of Information Act created the Office of the Information Commissioner (ICO).
The ICO’s role is to enforce and protect information rights – not just the provisions of the Freedom of Information Act, but also regulations and laws relating to data protection, investigatory powers and privacy.
Does This Work for Wales?
By and large, yes. Though it’s not flawless.
An independent review of the Freedom of Information Act2 uncovered several weaknesses in the UK’s system. Other examples have also cropped up where it doesn’t quite work.
These issues include:
- “Blacklisting” – In 2020, it was revealed the UK Government’s Cabinet Office “blacklisted” journalists who then had their FOI requests deliberately held up at a “clearing house”. OpenDemocracy won a court case which led to the clearing house being overhauled.
- It’s taking longer to get responses – According to UK Government statistics3 only 76% of FOI requests were responded to on time (within 20 working days) in 2024. This compares to 91% in 2019.
- Private contractors are exempt – People who took part in the 2016 review argued that private contractors should come under the FOI Act to ensure proper use of public money. While the review agreed in principle, they didn’t want to place “significant additional burdens on the public sector”. Universities – which straddle the line between public and private – also wanted to be exempt due to competition between different institutions.
- There’s no legal requirement to publish FOI responses – Most public bodies (like the Welsh Government and Senedd) do so voluntarily, but it’s not compulsory.
- FOI requests can be turned down on the basis of cost –This is usually a maximum of £450-600, based on £ 25 per hour worked.
Independence & Freedom of Information: Pros & Cons
The UK is currently ranked 43rd in the main global ranking for freedom of information4. Wales can, and should, do better.
The default position is that the Freedom of Information Act 2000 would continue to apply in Wales. A system is already there and ready to use.
We would have full control over freedom of information and can reform the current Act in any way we see fit (if we wanted to), fixing some of the flaws in the current system.
We don’t need a stand-alone Information Commissioner and could look to fold the role into one of the existing commissioner offices (i.e. Public Services Ombudsman), saving time and money.
Welsh public authorities aren’t as open and transparent as they think they are. A populist or authoritarian Senedd or Welsh Government may decide to use powers over freedom of information to restrict access or to put more hurdles in front of people wanting to make FOI requests.
Relaxing some of the restrictions could increase the number of FOI requests submitted, taking up more working hours and costing more to process.
We would take on the cost of policing and enforcing freedom of information laws by ourselves.
Welsh courts would hear cases around FOI appeals that are currently heard in Leicester (General Regulatory Chamber). Welsh judges may not have experience in handling such cases.
What Do Other Countries Do?
A Freedom of Information Act was passed in 2014. The system is very similar to the UK, with Ireland appointing an Information Commissioner to police the system.
There is a freedom of information law, but there has been criticism of how it’s been applied in practice as there are a lot of exceptions. Denmark ranks high on press freedom but far lower than the UK on freedom of information. They’re not an example for Wales to follow.
Sweden has one of the oldest freedom of information systems, dating back to the 1770s. Government information is available to the public unless it’s classified.
Slovenia has some of the strongest freedom of information laws in the world, though there have been concerns about curtailing freedom of the press and attempts to water down FOI laws. There’s a presumption that all official information not otherwise exempted should be published.
The system works similarly to the UK. The only main difference is that the system is policed by New Zealand’s equivalent of the Public Services Ombudsman instead of a dedicated Information Commissioner. The system has attracted similar criticisms to those raised by the 2016 review in the UK.
What Options Does Wales Have?
An independent Wales should aim for a ranking of at least 115 points (out of a maximum 150) on the Centre for Law & Democracy’s Global Right to Information4. That would put us in the Top 20 globally. The UK is currently ranked 43rd.
The Act would continue to apply as is, though the Senedd can make changes as and when they see fit.
This could include extending coverage to the courts, private companies performing public roles and others. The “public interest test” could be changed so more requests are granted, even if it may cause political embarrassment.
The system would be flipped on its head so that instead of needing to request information, information has to be published unless it’s exempt (i.e. classified information, under data protection rules).
If an independent Wales has a written constitution, freedom of information could be written in as a protected clause.
What's at Stake?
The overall score (out of 20) is the total of the scores for the four mini-categories (out of 5 each).
How Would This Be Run?
Wales establishes a separate post of Information Commissioner modelled on the current ICO. The Commissioner would be responsible for policing and enforcing the Freedom of Information Act and data protection laws.
This is similar to New Zealand. Instead of creating a separate office, the current Ombudsman would be responsible for policing freedom of information.
A tribunal would need to be set up to hear appeals against decisions, regardless of whether it’s a stand-alone Information Commissioner or the Public Services Ombudsman making them. This is currently the responsibility of the General Regulatory Chamber first-tier tribunal (in EnglandandWales).
How Much Will This Cost?
Headline: Potentially cost neutral due to income from fees and fines; any shortfall covered by the Welsh Government, any surplus returned to them.
The current Information Commissioner’s office raises most of its income from data protection fees paid by organisations that handle personal data.
If a Welsh Information Commissioner had an office similar in size to Scotland’s Information Commissioner, it would have running costs of around £2.1 million per year5 – but that would be offset by income from data protection fees and fines.
The Ombudsman’s annual budget would need to be increased to cover the cost of the additional role (extra staff etc.). This is likely to be in the same ballpark as a stand-alone Commissioner, though possibly slightly less as you wouldn’t need to cover the cost of appointing a Commissioner and/or senior managers/deputies.
There’s a debate over whether fees should be introduced to partially cover the cost of FOI appeals. At the moment it’s free.
Would any new taxes need to be introduced?
No, though we would set charges for FOI requests or FOI decision appeals (if we wanted to).
Who will pay for this?
People and organisations making more costly FOI requests.
How Long Would This Take?
The Freedom of Information Act 2000, as it currently is, would continue to apply in Wales after independence. The only difference would be deciding who enforces it.
Establishing a stand-alone Information Commissioner for Wales would likely take up to a year. Folding the role into that of the Public Services Ombudsman might take the same amount of time. Both options would probably need the law to be changed – though this shouldn’t be too difficult.
People & Work
Anyone in Wales with an active interest in public affairs and accountability. It would be especially important for journalists, politicians and charities.
A stand-alone Information Commissioner’s office (similar in size to Scotland’s) may create up to 30 jobs. Most of these would likely be filled from the current Information Commissioner’s office in Cardiff.
More senior posts – currently based in London, including the Commissioner themselves – would be created from scratch.
Freedom of Information Act 2000, Schedule 1.
Independent Commission on Freedom of Information (April 2016).
UK Cabinet Office (30th April 2025). “Freedom of information statistics: annual 2024 bulletin”.
Centre for Law & Democracy. “Global Right to Information Ranking”.
Scottish Information Commissioner (October 2024) “Annual Report 2023-24” (p76).
No AI tools were used to draft this post.
