Obtaining Information from an overmighty subject: the Parliamentary Experience.

Abstract

The Freedom of Information Act 2000, and other statutes, provide an established process for obtaining information from public authorities on public affairs. But private and commercial interests have significant, and perhaps growing, effects on such affairs, yet there is no statutory system for obtaining information from a reluctant person or corporation in this context. The chapter considers ways in which reluctant private and commercial parties can be required to disclose information which is of public interest. The powers of regulators are considered as are those of third parties, such as journalists, regarding disclosure of material in civil actions. But the focus of the chapter is on Parliamentary select committees. They are important because their aim, albeit in a party context, is to investigate public issues and make their judgements and the information on which these are based available for broader public discussion. But in recent times, there have been significant problems of non-cooperation with private and commercial interests. This has focused attention on the means of enforcement of its powers which are available to Parliament, given a rights-respecting legal constitution, which the chapter discusses.