25 February 2019 Official Information Request Our Ref: SSCOIA 2019-0020 I refer to your official information request received on 31 January 2019 as iollows: . Open Government Strategy Pack (13 March 2018) - 880 Report: Open Government strategy update (8802017/689) - 29 November 2017 5 SSC Aide Memoirs! Proactive reiease of officiai information -- 27 November2017 All of these documents have been previously released, with under for confidential advice. Following the release of the OGP national action plan, the reason for those redactioris should have expired, and so I am seeking unredaoted versions of the documents." information being released Please iirid enclosed the following document: Item Date Document Description Decision 1 27 November 2017 Proactive release of official Released With information information Withheld under On 18 September 2018 the Government announced its policy on the proactive release 01 Cabinet papers, At the time, 830 released a suite oi Cabinet papers and supporting advice on our website This means the iniormation previously withheld from the above document under section is now able to be released, I attach a new version of the document above, subject to some information continuing to be withheld under the following section of the . section --to protect the privacy oi natural persons. including deceased people. lntormation being withheld You have also requested unredaoted versions ol two Open Government Strategy documents, on the basis that, with the release of the OGP National Action Plan, the information is able to be released. 2m ream PO Box 329 Wellington Slua Now 2mm Phoncleli was 6600 55c govt However, the Open Government Strategy was not being developed as part of the OGP work programme. The Strategy is an overarching piece of work looking at the wider challenges, opportunities and options in the area of Open Government. The finalisation of the 2018-20 OGP National Action Plan does not mean that an Open Government Strategy is in place - that work is ongoing. The development of an Open Government Strategy was initiated in late 2017, with a View to consulting on it in parallel with the 2018-20 OGP National Action Plan (as noted in the 29 November 2017 document Open Government Strategy Update). This work was led by the Minister of State Services (Open Government) until August 2018, when Open Government initiatives reverted to the Minister of State Services. Since that time the focus of the Open Government work has been on progressing the OGP Plan 2018-20, reviewing the implementation of the 2016?28 Plan, and delivering the policy on the proactive release of Cabinet papers. SSC has engaged with the Minister of State Services on a re?focused Open Government Strategy, and this work will continue in 2019. With the change of responsible Minister, and the re-focus of the Open Government Strategy, we consider that the Strategy remains under active consideration. We have therefore decided to decline your request for unredacted versions of the documents below under the following section of the CIA: . section to maintain the constitutional conventions for the time being which protect the confidentiality of advice tendered by Ministers of the Crown and officials. Item Date Document Description Decision ?1 29 November 2017 Open Government strategy update Redacted information continues to be withheld under 2 13 March 2018 Open Government Strategy Pack Redacted information continues to be withheld under If you wish to discuss this decision with us, please feel free to contact You have the right to seek an investigation and review by the Ombudsman of this decision. Information about how to make a complaint is available at or freephone 0800 802 602. Please note that we intend to publish this letter (with your personal details removed) and enclosed documents on the State Services Commission?s website. Yours sincerely Catherine Williams Deputy Commissioner State Services Commission I I I. IN CONFIDENCE SSC Aide M?moire: Proactive release of official information Date: 27 November 2017 Report No: 88020177676 Contact: Erik Koed Telephone: Key points for your Oral item at Cabinet 1. I have asked 880 to prepare a draft Cabinet paper that proposes to strengthen proactive release requirements on Ministers and departments. 2. SSC is working with officials from the Ministry of Justice and tpee ent of he? Prime Minister and Cabinet (including Cabinet Office) to develop? gap/21w: I, bu yet to undertake wider departmental consultation which hwilx ?ery 3. The policy aims to support a lift in proactive release prac .c acros enCI achieve stronger public participation in policy deve 36/; mlent an deci _king, thIe strengthening the accountability of decision mak rsia visers. 4. The proposals in the paper build on the 2 /hn to I?Qexggealand Cabinet Manual, which includes an expectatiox; i etazmr ignificant policy decisions should be released proactiv on ecisiowbve bven made. 5. My paper propose that Cabi eta%e$ a policKh 7h. a) by default, all Cabinetpli $3 part orin full) Within six weeks of a Cabinet decision (\ij to rI_s_ e\nrent procedures or a Ministerial decision notto In Ifi? s) b) agencies reg} }n or in f_l )?ka policy papers provided to Ministers to support 565% I ns wit? in eks ofa Cabinet decision being made as a default {Eng smEI nprocedures or a decision not to release in specfelgc noes: bginclude the final set of advice considered by the (It cs aker p30 the 0development of a Cabinet paper and any other SnaIySIe? rcont xtu that the chief executive considers would be bf tg>relea xt -hes\ne time. a six?week window for the release of papers, it may often efsirable for paper 0 be released earlier or later, for example when there is a 6med ann nt or an extended policy process with multiple decisions required Cabi- er: a? \7 \7 /he policy is to support effective public participation in the policy process I ote the accountability of Ministers and officials. However, there will be eibformation that should not be released, in accordance with legislation or other quire/ments (for example commercially sensitive information or papers classified km or above). My paper proposes that Ministers continue to approve their own Cabinet papers for release In full or in part. Agencies will support Ministers to conduct a risk assessment of material for release. Agencies will support the development of the information release, including advice on assessment of material for release or (where appropriate) providing additional contextual information to assist public debate. Agencies will retain the discretion to determine the priorities for proactive release of other supporting material (including background analysis or other information generated during the policy process), taking into account matters such as the type of information held by the agency and the public interest' In it 2301359 IN CONFIDENCE 1 Consultation options 9. As Cabinet papers are Minister's papers, gaining Cabinet agreement to a policy to proactively release Cabinet papers will require consultation with the Prime Minister. We suggest you consult your ministerial colleagues. timeline. However, this option only allows seven days for consultatio 'th ministerial colleagues on the proposal: 10. If you wish Cabinet to consider this paper prior to Christmas, we suggest the following Minister of State Servie - - 7 December 2017 Cabinet paper Iod ed. 13 December 201 7 Paper consideredgakcabinet Businesscr?'nmittee. 19 December 2017 (?nal Paper consid ?l/fa?net. Cabinet meeting for 2017) jA 11. If you wish, you could seek power to pa Momma. 12. p0 . line on Wednesday 29 2301359 2