Openness

Openness is one of the core values of the Food Standards Agency.

Being open means that we will use plain language and communicate in a timely way, that we will explain the reasons for our decisions and advice, and that we will publish our targets and our achievements against them.

1. Introduction

1.1 Our Statement of General Objectives and Practices (SGOP) confirms our commitment to operating in an open and transparent way. This Code of Practice spells out in more detail how we will act so as to meet our objectives and live up to our corporate values. It also provides information on how you can request information from us.

1.2 The Agency will ensure that its practices and procedures comply with the Freedom of Information Act (FOIA) 2000, when it comes fully into force on 1 January 2005.

2. The Food Standards Agency's policy on openness

2.1 Advice and information

Disclosure of information will be the norm. We will aim to publish actively any information or advice we provide to others. Where we do not actively publish such information or advice we will, except in the circumstances listed at paragraph 2.7, make it available in response to specific requests. We will release such information as swiftly as is practicable. The same arrangements will apply to advice or information we have received from others.

2.2 Decisions

We will keep and make available records of our decisions, to enable consumers and other stakeholders to

• see the basis on which decisions have been made; and
• make an informed judgement about the quality of our processes and decisions.

2.3 Developing our ideas

a. We will make available any general explanatory material or guidance used in dealing with consumers and other stakeholders. Our stakeholders include all groups affected by or with a direct interest in our activities, and their representative organisations. We will consult stakeholders as early as is practicable in the policy-making process. Before or while this happens, we need to assess arguments and debate internally, for which we should be allowed reasonable time and a measure of privacy. This will allow us to examine and debate all the possible options thoroughly. Specific conclusions or recommendations from exchanges of internal correspondence will be released where they form part of the evidence or analysis on which decisions are based. However, we will not usually publish or release copies of other internal correspondence.

b. We propose to publish any substantive advice we give to other Government Departments. We will not be publishing exchanges on personnel, financial or management matters.

2.4 Research or surveys

We regard submission of research findings for peer review publication as the norm. We will continue to encourage contractors who conduct research or surveys for us to publish the results of their work in peer-reviewed scientific literature. Where appropriate, we will publish the results of such research ourselves.

2.5 Requests for information

We will treat all requests for information on a fair and equal basis, and without prejudice. Where we are unable to provide the information you request, we will explain why. Where we decide not to release the information you request, we will explain why and give you details of how you can complain against our decision (see paragraphs 6.2 to 6.4 inclusive).

2.6 We will continue to look for and adopt better means of making information and advice available to consumers and to other stakeholders.

2.7 Exceptions

For practical and legal reasons, there will be a small number of well-defined circumstances in which we will not release advice or information. These are where:

• publication is imminent (within a matter of days) and premature release would be likely to lessen the effectiveness or completeness of a planned announcement.
• the information is incomplete or unsubstantiated and potentially misleading, for example information emerging from an ongoing scientific or enforcement project, the results of which would not normally be released until the study is complete.
• we consider that the public interest in publication is outweighed by considerations of confidentiality, for example where disclosure of information would constitute an unwarranted invasion of privacy (e.g. under the Human Rights Act 1999). Where confidential information might directly inform urgent decisions about public health or food safety we will urge those providing it to make it publicly available at the earliest opportunity and will not let a refusal to do so prevent us from taking whatever action is legally open to us - including unilateral publication - to protect consumers.
• disclosure would be contrary to law (in particular to the Data Protection Act 1998 and the Human Rights Act 1999), would breach the Agency's international or EU obligations, or would be in contempt of Court.
• the information relates solely to internal personnel, financial or organisational issues within the Agency, or has been provided by other government departments, and does not relate directly to issues of food standards or safety.
• disclosure might prejudice law enforcement or the UK's position in international negotiations.
• the advice is of a legal nature, has been given in relation to possible litigation, or is otherwise covered by legal privilege;

The Board, having legal responsibility for all the Agency's activities, may need to be briefed in Closed Session about information falling into any of these categories. But policy decisions concerning food safety and measures necessary to protect consumers will be taken by the Board only following discussion in Open Session, at which time, where it is within its powers to do so, the Agency will indicate the general nature of additional information which the Board has taken into account and why it is unable to publish it in full.

3. How the Food Standards Agency will deliver its policy on openness

3.1 Decision-tracking

Subject to the exceptions listed in paragraphs 2.3 and 2.7, we will provide, on request, information on our decisions and the evidence and analysis on which they were based. Decisions include, but are not necessarily limited to:

• all decisions on policy made by the Board of the Food Standards Agency;
• appointments to expert committees that advise us; and
• cases where requests for information or advice have been turned down.

Evidence and analysis include, but are not limited to:

• advice from our expert advisory committees;
• the results of research and surveys commissioned by us.

3.2 Consultation

Our decisions will be taken in the light of the responses we receive to consultation on proposals for new or developing policy. We will make the responses to consultation publicly available. We will consider any requests from consultees to keep all or part of their responses confidential, but would wish to keep these to a minimum. We do reserve the right to disclose responses if we believe that, on balance, the public interest favours disclosure. For example, it may be necessary to publish responses in order to show how we have arrived at a particular decision, or why we have framed our advice to Ministers in the way we have. We would discuss this with the consultees concerned first.

3.3 Public meetings

The Board of the Food Standards Agency will hold its decision-making meetings in public. The Agency will also hold other open events which anyone may attend. Details of all these events will be posted on our website. As part of our policy of openness of decision-making, the agendas, papers and minutes of public Board meetings will be accessible through our website.

3.4 Advisory committees

We will encourage our advisory committees to be open at all stages of the risk assessment process and in their consideration of options for risk management. We will also encourage them to find ways of being as open as possible when there are commercial confidentiality constraints. This is in line with the conclusions of the review of risk procedures used by the Government's Advisory Committees dealing with food safety, led by the then Chief Scientific Advisor, Sir Robert May. Advisory committees that report to the Agency will hold occasional open meetings. Further details of these meetings will be posted on our website. The agendas, papers and minutes of such public meetings will be accessible through our website.

4. How you can obtain information from the Food Standards Agency

4.1 We publish a wide range of information on our website, www.food.gov.uk. We will provide, on request, hard copies of any such information to people who do not have Internet access (please see paragraph 4.5 below).

4.2 We publish a range of free documents in paper versions, including consultation documents, proposals for European Community regulations, leaflets and factsheets for consumers and others, regular bulletins covering the range of our activities, detailed reports of individual food surveys, and our research requirements. Our organisational chart is available on the Internet.

4.3 Requests for copies of any of the above information should be made in writing, by post, fax or e-mail:

In England, to:
Food Standards Agency
Aviation House
125 Kingsway
London WC2B 6NH

In Scotland, to:
Food Standards Agency (Scotland)
St Magnus House
6th Floor
25 Guild Street
Aberdeen AB11 6NJ

In Wales, to:
Food Standards Agency (Wales)
1st Floor
Southgate House
Wood Street
Cardiff CF10 1EW

In Northern Ireland, to:
Food Standards Agency (NI)
10C Clarendon Road
Belfast BT1 3BW

You can fax us on
020 7276 8833 (London),
01224 285167 (Aberdeen),
029 2067 8918/8919 (Cardiff), or
028 9041 7726 (Belfast).

4.4 Copies of responses to our consultation exercises will be lodged in our libraries. In England, they will be held by the FSA Information Centre on the ground floor of our headquarters at Aviation House, London. Copies of research and surveys commissioned by the Agency will also be placed in the libraries. If you wish to consult such material, please contact the relevant library or person, giving 24 hours notice of your visit:

In England:
Information Centre
Food Standards Agency
Aviation House
125 Kingsway
London WC2B 6NH
Telephone: 020 7276 8181/8182

In Scotland:
Food Standards Agency (Scotland)
St Magnus House
6th Floor
25 Guild Street
Aberdeen AB11 6NJ
Telephone: 01224 285149

In Wales:
The Library
Food Standards Agency
1st Floor, Southgate House
Wood Street
Cardiff CF10 1EW
Telephone: 029 2067 8999

In Northern Ireland:
Food Standards Agency (NI)
10C Clarendon Road
Belfast BT1 3BW
Telephone: 028 9041 7700

4.5 We will not normally charge a fee to supply copies of information or advice, unless the request is for a priced publication or data set. However, we reserve the right to make a reasonable charge to cover the costs of transcription, photocopying, packaging and postage, or where a considerable amount of staff time would be needed to identify, process and collate information for you. In some cases, there will be separate charging arrangements for the supply of information for commercial use. We will inform you of any charges that might apply before processing your request.

4.6 Where the information you want is available in a priced publication, we will give you details of the publication and where you may buy it.

5. How you may use information provided by the Food Standards Agency

5.1 Most information and advice we provide will not have any restrictions placed on its use. Some information may be protected by copyright or other intellectual property rights. Where we are aware of such restrictions, we will make clear to you any restrictions on the use of the information.

5.2 Unless otherwise agreed, the use of any information we supply will be at your risk.

6. How the Food Standards Agency will monitor its performance

6.1 We aim to answer all requests for copies of information or advice within 20 working days. We might take longer if information needs to be recovered from our archives, or extensively processed, or if we need to consult other parties. If it is going to take more than 20 days to answer your request, we will let you know in writing, explaining the reasons for the delay and letting you know when to expect our reply. We will monitor our performance against these deadlines as part of our service standards.

6.2 Even the best organisations will sometimes get things wrong. If you are unhappy about how we have dealt with your request for information, please tell the person you have been dealing with. We will try to resolve any problem quickly, and explain what we have done and why. If you are still dissatisfied and would like to take your complaint further, you should contact the Agency's Complaints Co-ordinator:

Keith Gregory
Head of Correspondence, Openness and Parliamentary Branch
Regulation, Government and Secretariat Division
Food Standards Agency
125 Kingsway
London WC2B 6NH

Tel: 020 7276 8612
E-mail: keith.gregory@foodstandards.gsi.gov.uk

He will acknowledge your letter within two working days of receiving it. He will write to you with a full reply within 20 working days of receiving your complaint. If this is not possible he will explain why and say when you will get a full reply.

6.3 If you remain unhappy about the way you have been treated, you can ask for your complaint to be referred to the Chief Executive of the Food Standards Agency.

6.4 If you remain dissatisfied with the way we have acted, you may then ask for your complaint and its handling to be investigated by the UK Parliamentary Commissioner for Administration (the Ombudsman). You should write to a Member of Parliament (the referring MP does not have to be your local MP) asking that they refer your complaint to the Ombudsman (the telephone number for the House of Commons Information Office, where you can get information on contacting a MP, is 020 7219 4272). Usually, before you complain to him/her, the Ombudsman expects you to have first put your complaint to the FSA through our complaints procedure. If you are in any doubt about whether your case is suitable for referral to the Ombudsman, contact the Ombudsman's helpline on 0845 015 4033 for guidance.

Further advice
We are constantly looking for ways of improving our service, and of meeting your needs. We welcome any comments and suggestions on this Code of Practice, which should be sent to Barbara Richards at the above address.

This takes account of comments received in the public consultation on the FSA Code of Practice on Openness