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Public Sector Information

Volume 455: debated on Thursday 18 January 2007

To ask the Minister of State, Department for Constitutional Affairs what steps she plans to take to ensure that the aims of the Public Sector Information Regulations relating to maximising the reuse of public sector information and stimulation of the economy are achieved. (116265)

In recent years the Government, through the Office of Public Sector Information, has introduced a number of initiatives to encourage the re-use of public sector information. This includes the development of the on-line PSI Click-Use licence. Currently, there are over 11,000 Click-Use licence holders worldwide using a range of Government and other public sector information. The plan is to extend the scope of Click-Use licensing to a wider range of public sector information.

The Office of Public Sector Information also introduced the Information Fair Trader Scheme (IFTS). This is a process that monitors standards of information re-use and trading. IFTS was originally developed to monitor the activities of Government trading funds but IFTS has now been extended to other public sector bodies. This includes an on-line self assessment version of IFTS. This will help improve standards across the public sector in the field of re-use.

In addition, OPSI will continue to spread best practice and increase awareness through seminars, visits and guidance.

To ask the Minister of State, Department for Constitutional Affairs what action is taken against public sector information holders who breach the Information Fair Trader Scheme guidelines. (116266)

If a public sector information holder (PSIH) that is accredited under the Information Fair Trader Scheme (IFTS) does not comply with IFTS guidelines, the Office of Public Sector Information (OPSI) will notify the public sector information holder and identify those areas which need to be remedied. In doing so, OPSI will provide support and guidance to assist the PSIH to comply. This would involve regular meetings and reviews. A key aspect of the process is the development of an action plan which sets out the areas of non-compliance and target dates for meeting the necessary standards. If the PSIH does not resolve the problem, OPSI may consider the withdrawal of the PSIH’s delegation of authority, in full or in part, until the issues are resolved. Potential withdrawal of a delegation of authority would only apply in those cases where the PSIH is a Crown body that operates under a delegation of authority from the controller of HMSO.

To ask the Minister of State, Department for Constitutional Affairs if she will take steps to ensure public sector information holders offer the same terms and conditions to external licensees as those applied to their own products and services. (116267)

The Re-Use of Public Sector Information Regulations (S.I. 2005 No. 1515) specifically state that any public sector information holder wishing to re-use information that it produces outside its public task should be subject to the same conditions as any other re-user. The Office of Public Sector Information monitors this aspect under the Information Fair Trader Scheme and also if any formal complaints are made under the regulations.

To ask the Minister of State, Department for Constitutional Affairs what steps have been taken in response to the Office of Public Sector Information’s proposal that public sector information holders should be set timetables and goal times within which to respond to requests. (116268)

The timescale for responding to requests to re-use public sector information is defined in the Regulations on the Re-use of Public Sector Information Regulations 2005 (S. I. 2005 No 1515). The standard response time is 20 working days although there is provision for extending this in the case of requests that raise complex issues.

To ask the Minister of State, Department for Constitutional Affairs if she will review the Office of Public Sector Information’s powers and remit. (116269)

The Office of Fair Trading published a market sector study on the commercial use of public sector report in December 2006. One of OFT’s recommendations is to increase OPSI’s regulatory powers and resources. The Government are due to submit their official response to the OFT report in March 2007.

To ask the Minister of State, Department for Constitutional Affairs if she will make more stringent the requirements on public sector information holders regarding the reasons which may be given for (a) refusing a licence and (b) changing licence terms. (116270)

The Regulations on the Re-use of Public Sector Information Regulations (S.I. 2005 No. 1515) allow public sector information holders to refuse a request for re-use. In doing so it is consistent with the European directive on the re-use of public sector information which the UK Regulations implement. The directive is consistent with the provisions of all international agreements on the protection of intellectual property rights and one of the effects of this is that public sector rights holders have the same right to refuse to allow the re-use of their copyright material as any other copyright holder. This is subject, however, to such decisions being made on a non-discriminatory basis.

Under the Information Fair Trader Scheme (IFTS) the Office of Public Sector Information reviews the reasons for refusing to allow re-use as part of the IFTS verification process to ensure consistency and fairness of application.