Under the existing system, if a requester asks something from a department and isn't satisfied that it has been provided, essentially they have recourse to the Information Commissioner, who can help to investigate the situation and who today has a recommendation power and would provide a recommendation to a head of an institution to do something in that regard.
The order-making power that we're proposing now would create a situation in which requesters may have concerns that they haven't received what they should have. There would be still the investigation power, working with the department. There would be still a capacity for mediation and discussion among parties to try to resolve it. Ultimately, however, if issues can't be resolved, the Information Commissioner will have an order-making power, will have the ability to issue an order that says to a department, “In my view, you must release.”
In those very rare circumstances in which an institution feels that there's something that absolutely can't be released, it will have to go to court to demonstrate that it is on the right side of the Access to Information Act and demonstrate that it has been applying the act appropriately.