AT the beginning of summer, Lord Falconer of Thoroton made a speech hailing the success of the Freedom of Information Act. Only a Labour Government, said the Lord Chancellor, could have delivered such a radical piece of legislation.

“It was a bold step to take,” he said. “But the right thing to do. People across the country are able to access information as never before.”

Yet even as he spoke, a unit within his own Department for Constitutional Affairs was busy devising new ways for civil servants to block access to information. The Accessible Information Central Clearing House ranges across Whitehall departments and many Government agencies, everything from the Cabinet Office to the Public Works Loan Board. Ostensibly its role is to ensure consistency across government in dealing with FoI requests.

In practice, say supporters of open government, the clearing house is primarily concerned with frustrating requests for information. This week, the unit published guidance to civil servants on how to block requests that ask only if a piece of information exists.

The document advises officials always to consider whether they can use “the principle of Neither Confirm Nor Deny” to bat away an application for information. “The principle of Neither Confirm nor Deny (NCND) is long established and is known to many in its use by those responding to difficult questions from the press,” the guidance says.

“NCND now has a use within the rights conferred under the Freedom of Information Act. However, there exists general suspicion and scepticism among members of the public over the use of NCND.”

Civil servants are urged to consider whether they can respond to requests for information with the classic nonanswer. The memo adds: “Whether information is, or is not, held is in itself information and that confirmation of this fact alone may be damaging to the public interest. For a public authority to confirm or deny if it holds information is a matter which always requires careful consideration.”

The clearing house told Whitehall departments to refuse a request from the Campaign for Freedom of Information about the number of FoI appeals they were dealing with.

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