The Locus Association today expressed it’s disappointment that a substantial complaint made by one of its members against a Public Sector Information Holder still remains unresolved 1 year on, despite the publication today of 2 statements into the complaint from the Office of Public Sector Information (OPSI) and the Advisory Panel for Public Sector Information (APPSI).  Although the Association welcomes a number of the suggestions in today’s statements, the private sector needs a firm assurance from the Government that future complaints will be dealt with in a timely and effective manner in order to ensure their prompt and fair resolution.

Today’s statements stem from a complaint made by Intelligent Addressing, a Locus member, who complained about some 20 aspects of Ordnance Survey commercial behaviour.  In its initial report last year, OPSI decided that the issues raised fell under the Information Fair Trader Scheme (IFTS) and Public Sector Information Regulations and adjudicated broadly in Intelligent Addressing’s favour.

Today’s statement from APPSI concludes that ADDRESS-POINT, an Ordnance Survey product which has received government funding, does not fall under Ordnance Survey’s “Public Task” and therefore is not covered by the PSI Regulations, APPSI acknowledges that consequently “it may be argued that some of the UK’s most valuable PSI may now be seen to be outside the ambit of the Regulations”.  This will be of great concern to private sector companies who are re-users of PSI and adds to the mixed messaging over the complaint and apparent inaction against Ordnance Survey, who retain their IFTS status. 

APPSI further states that “the complaint seems squarely to engage the ordinary rules and principles of competition law and be more appropriate for resolution by OFT and/or the ordinary courts” and encourages Ordnance Survey to distinguish and supply “unrefined” information (the terminology used in the recent OFT market study on the commercial use of public sector information). 

Michael Nicholson, Locus Chairman and Managing Director of Intelligent Addressing, said “Locus is grateful for the attention OPSI and APPSI are giving Intelligent Addressing’s complaint and their attempts to try and resolve these issues.  Intelligent Addressing, and the private sector as a whole, are however frustrated by the delays and apparent injustice in the current system which seems capable of leaving complaints unresolved for a considerable amount of time, as in this case”.

He added, “Locus is a great supporter of both OPSI and APPSI but believes that both bodies are significantly under resourced and lack proper empowerment, issues which needs to be urgently addressed to help resolve the current inadequacies of the system.  The Association would also call on Government to bring clarity to the PSI marketplace by issuing much more detailed policy and guidance on PSI Trading activities to encourage the development of a fair and competitive market-place and avoid the necessity for such complaints in the future.  Locus is concerned that this latest outcome will create further uncertainty amongst PSI re-users.”

-          ENDS –

Notes for Editors:

·          1. Locus was established in autumn 2005 and formally launched on 26^th January 2006. The Association’s President is a former Director General of the OFT and Oftel, Sir Bryan Carsberg.

§         2. The Association exists to raise awareness of, and promote the development of, a healthy and competitive private sector in relation to PSI. Locus acts as a forum for exchange of information, keeps its members up to date with latest policy developments, and provides advice and guidance. Our members recognise the potential of PSI, but also the benefit of uniting to address some of the challenges and pooling resources to meet them. It is worth noting that the particular nature of the PSI market structure, where individual private sector organisations have limited influence, lends itself to the development of a trade body.

§         3.  Intelligent Addressing Limited is a specialist private sector consultancy employing recognised experts in addressing and data management. It was originally set up to help develop the NLPG on behalf of local government and now manages the NLPG and National Street Gazetteer (NSG) central data hubs under the terms of the Mapping Services Agreement (MSA) with local government.

§         4. Ordnance Survey (OS) is a government agency responsible for the official, definitive surveying and topographic mapping of Great Britain. It was established as an Executive Agency in May 1990 and has operated as a Trading Fund from April 1999. OS manages Crown copyright material under a delegation of authority from the Controller of HMSO, and is therefore regulated under the IFTS.

§         5. The Office of Public Sector Information (OPSI) sets standards, delivers access and encourages re-use of public sector information including Crown copyright material.  OPSI manages the Information Fair Trader Scheme and provide advice and guidance on official publishing and Crown copyright. 

§         6. The Advisory Panel on Public Sector Information (APPSI) is a Non-Departmental Public Body, established in 2003. It’s role is to advise Ministers on how to encourage and create opportunities in the information industry for greater re-use of public sector information; to advise the Director of the Office of Public Sector Information and Controller of Her Majesty’s Stationery Office about changes and opportunities in the information industry, so that the licensing of Crown copyright and public sector information is aligned with current and emerging developments; and to review and consider complaints under the Re-use of Public Sector Information Regulations 2005 and advise on the impact of the complaints procedures under those regulations.

§         7. OPSI received a complaint from Intelligent Addressing dated 7 April 2006, which was submitted under the Re-use of Public Sector Information Regulations (PSI Regulations) and the Information Fair Trader Scheme (IFTS).

§         8. The main aim of the PSI Regulations is to maximise the re-use of public sector information and to stimulate the economy.  A PSIH is expected to encourage re-use of its information. 

§         9.  The IFTS, provided by OPSI, is founded on the principles of openness, transparency, fairness, compliance and challenge.  They are designed to ensure re-users of public sector information know that they will be treated reasonably and fairly by public sector information providers

·          Enquiries: Harriet Crosthwaite: 020 7930 9788 or harriet@quintuspa.com