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Archives for February 2008

Happy birthday to a three year old

Martin Rosenbaum | 12:09 UK time, Thursday, 28 February 2008

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It was three years ago today that I asked the Cabinet Office for a copy of the minutes of the cabinet meeting during which Michael Heseltine suddenly walked out. This was back in 1986, when he resigned as Defence Secretary because of a dispute with Margaret Thatcher over the future of the Westland helicopter company.

And it was two years, six months and fifteen days ago when I appealed to the Information Commissioner about the fact that the Cabinet Office was refusing to send me the material requested. I gather from the Commissioner's office that my case has been delayed by staff changes, as two of the people handling it have moved on. They say I should get the decision soon, but I've heard that before.

Looking back at my letter of appeal to the Commissioner, I see that I complained most indignantly about 'the extraordinary and excessive delay' of the Cabinet Office during their internal review of the initial refusal. It took them nearly four months.

Information rage

Martin Rosenbaum | 13:25 UK time, Wednesday, 27 February 2008

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Who's more angry today? The cabinet ministers who now face the prospect that the minutes of their meetings five years later, or the MPs who full details of what they've been claiming for the costs of running a second home?

My guess is the MPs (or many though by no means all of them), if not by much. Their dilemma is much more acute. The information involved is much more extensive and probably contains much more potential for personal embarrassment. It's also much harder in their case to construct a case for maintaining secrecy that is likely to appeal to the general public.

Either way, three years after its introduction, freedom of information is certainly biting hard now, and it's hurting. On the other hand there will be those openness campaigners who will say that it if isn't hurting, then it's not working. The fury of some MPs is equalled by the jubilation of those who pursued the information, such as .

Nevertheless we still don't know how much information will actually end up being released in either case, as in both there is still a potentially long appeal process to be exhausted.

However, a small part of yesterday's from the Information Tribunal does make clear that one of the journalists involved, Ben Leapman, certainly won't be getting some of the information he asked for. That's because, in the period between rejecting Leapman's request and being told that he'd complained to the Commissioner, the House of Commons destroyed it. The Tribunal says 'the destruction occurred because of incompetence rather than intent'.

As Nick Robinson notes, this issue of destruction of records may reappear in this matter.

And by the way, who are the obscure and unelected figures on the Information Tribunal who have taken this far-reaching decision which will infuriate so many elected representatives of the people? Andrew Bartlett, who chaired the panel, is a QC, and there were two lay members - according to the , David Wilkinson is a 'consultant on public administration in emerging and developing countries' and Pieter de Waal is a 'legal advisor at the Olympic Delivery Authority'.

Cabinet minutes - available soon?

Martin Rosenbaum | 16:16 UK time, Tuesday, 26 February 2008

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In March 2003, shortly before the Iraq war, Clare Short turned up at a cabinet meeting to find Robin Cook wasn't there because he'd resigned. 'He's gone', she was told. 'Oh my God', she replied.

We know this from Alastair Campbell's published diaries, which provide a brief account of the meeting. Campbell also records that John Prescott and John Reid 'looked physically sick' when Short, uneasy at the prospect of war, told the meeting that she was going to do a 'little agonising overnight'.

According to Campbell's version, a succession of other colleagues expressed support for Blair. But what do the official minutes of the meeting say? It's possible we may now get to see them, thanks to a decision today from the Information Commissioner Richard Thomas.

Thomas has that the government should release the minutes of two cabinet meetings held in March 2003 which discussed the legal position on the imminent Iraq war.

This is the first time that the Commissioner has ruled that cabinet minutes should be made public. This precedent will be very unwelcome for the Cabinet Office. There are lots of other freedom of information requests for cabinet minutes in the pipeline, and this increases the chance that in other cases he will also demand disclosure.

However the Commissioner's makes clear that his ruling is very dependent on the circumstances of this case - the 'gravity and controversial nature' of the subject matter and the 'widespread view that the justification for the decision on military action in Iraq is either not fully understood or that the public were not given the full or genuine reasons for that decision'. He may reach a different conclusion on other cabinet minutes.

The government will doubtless appeal the case to the Information Trbunal and possibly further. The Cabinet Office has as a mattter of principle strongly opposed the release of any cabinet minutes in response to FOI requests, on the grounds that it would inhibit frank discussion in cabinet and undermine the principle of collective responsibility for ministers. I am sure the government will want to keep fighting this case rather than give in at this stage and release the papers now.

That process of legal challenge will take some time. The person who asked for this information has already had to wait 14 months since the initial request and will certainly have to wait longer. On the other hand, delays can be worse. One of my complaints to the Information Commissioner about cabinet minutes has still not been dealt with, even though I lodged it in 2005.

In any case the official minutes of the meeting may provide a very limited, spartan summary of proceedings (and the Commissioner has indicated that some parts could be held back because their publication would damage international relations). The full details of argument at a cabinet meeting are recorded by the cabinet secretary (then Sir Andrew Turnbull) in his hand-written notebook, and releasing that is a different matter altogether. I wonder if Sir Andrew noted the fact that around the table some ministers present appeared on the verge of throwing up on hearing the concerns of a colleague?

UPDATE: The Information Commissioner's Office says that it is currently considering four other cases relating to minutes of cabinet meetings.

The forward march of Cuba halted?

Martin Rosenbaum | 18:31 UK time, Monday, 25 February 2008

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'Few countries have been held back so obstinately by their leader' - that was the view of Fidel Castro held by the last British ambassador to Cuba, Paul Hare.

This opinion was disclosed in response to a freedom of information request to the 91Èȱ¬, as revealed here before.

We may find out if he's right.

Not Open Secrets

Martin Rosenbaum | 16:43 UK time, Friday, 22 February 2008

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Any ideas for a title for a new website facilitating the making of FOI requests and the publication of responses?

has now gone live, although they're still looking for a name for it. It already has a useful if partial of council FOI email addresses.

The long arm of the state

Martin Rosenbaum | 15:41 UK time, Thursday, 21 February 2008

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The House of Lords has to make Northern Rock subject to freedom of information, against the wishes of the government. It is not yet clear whether ministers will try to overturn this in the Commons.

If this is not reversed, then Northern Rock will join the - a list which is fascinating for the way that it itemises the more obscure reaches of the British state.

There are some public organisations of whose existence I knew nothing but have titles which give an admirably clear indication of the nature of their work - for example, the Committee on Chemicals and Materials of Construction For Use in Public Water Supply and Swimming Pools.

But there are others for which I have to confess I remain in ignorance of their role in public life:

The Advisory Committee on Borderline Substances (crops grown in no man's land between England and Scotland?)

The British Potato Council (what about carrots?)

The Committee of Investigation for Great Britain (must be plenty to keep them busy)

The Commissioners of Northern Lighthouses (presumably either there are no southern lighthouses or they do not have commissioners? and could they have any link to Northern Rock?)

The Committee on Safety of Devices (sounds like a pretty wide-ranging remit)

The Darwin Advisory Committee (which Darwin?)

The Distributed Generation Co-Ordinating Group (electricity or co-ordinating relations between old and young?)

The Government Chemist (can you buy aspirin there?)

The Poisons Board (does it poison people or stop them from being poisoned?)

The Strategic Investment Board (sounds very important)

The Technical Advisory Board (sounds quite important)

The Verderers of the New Forest (actually, as it happens, I do know what they do - and FOI has ).

(If you want you can imagine the list being read out by ).

HMRC looks after its data

Martin Rosenbaum | 11:07 UK time, Wednesday, 20 February 2008

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Ever wondered what to do if you discover a National Insurance number fraud? the obvious place to look for a detailed, thorough and informative explanation. Let's hope you find it useful.
(Hat-tip to Chris Pounder of Pinsent Masons)

Northern Rock - closed to requesters

Martin Rosenbaum | 16:15 UK time, Tuesday, 19 February 2008

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Northern Rock is going to be nationalised - but unlike other publicly-owned companies, such as Royal Mail, it won't be subject to the Freedom of Information Act. This is laid down in Article 18 of the issued by the Treasury for the bank's transfer to the public sector.

So the bank will be open to depositors, but closed to requesters. The strange thing about this is that the government has recently been on the question of which additional bodies should be covered by FOI, on top of those already listed. Since the consultation on that has now closed, perhaps it's a little too late for anyone who wants to suggest Northern Rock.

The Williams draft is revealed

Martin Rosenbaum | 14:09 UK time, Monday, 18 February 2008

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I can still remember quite clearly what I thought when I first saw the story in September 2002 about the speed with which Saddam Hussein could launch his chemical weapons. The headline screamed '45 minutes from attack'. I thought to myself 'why on earth should it take him that long?' Surely he would give the order and someone else press the button, and that would be it. It wouldn't take 45 seconds.

If I was badly informed about this procedure at the time, then the subject matter of the Standard story - the government's dossier about Iraq's alleged weapons of mass destruction - turned out to be even more badly informed and inaccurate.

The Freedom of Information Act has now succeeded in bringing out into the open a document not disclosed by the Hutton Inquiry - the so-called of this famous government dossier on Iraqi WMD. This was written by the Foreign Office press officer John Williams. Some people regard it as the 'first full draft' of the dossier.

In some ways it would be more accurate to say that the researcher has succeeded in making it public, since he has fought a lengthy and persistent campaign against the Foreign Office for its release. This culminated in last month's ruling that it should be disclosed.

This has put right those of us who argued that FOI was unlikely to exceed the level of disclosure of the , but how much does it add to our understanding of the process by which the dossier was developed?

For , the key point is that it demonstrates the role played by a press officer in drafting what should have been an intelligence-based document. He says the similarities between the Williams draft and the later versions shoots down that this draft was 'not taken forward', while the intelligence chief John Scarlett made a 'fresh start' on a draft of his own.

Certainly, in presentational terms, it is noticeable that the Williams draft (page 5) features a list of bulleted points as judgments based on intelligence similar to what became the executive summary (and one of the most controversial sections) in the . On the other hand some of these points are weaker than the claims eventually made, for example about the details of missiles and propellants. That however would be compatible with a process of 'sexing-up' being applied to the dossier as it went through the iterative drafting process.

The phraseology in the newly-released draft does echo that in a written by Williams, which has already been made public.

There is no mention of the notorious '45-minute claim', as Williams himself when this issue first arose. He wrote this draft before that 'intelligence' became available.

There are some other issues and discrepancies raised by the Tribunal decision which are yet to be resolved.

The material released today provides us with another link in the chain but it doesn't alter the overall shape of the chain. It's compatible with a view that Williams and his press office colleagues played a larger role in the preparation of the dossier than the goverment wanted to give the impression at the time of the Hutton Inquiry. But it's equally compatible with the view that while Williams helped to draft, it was the intelligence chief Scarlett who ruled on what actually appeared in the dossier.

Williams provides some interesting context for his work on the dossier in . But given the history of this whole business, perhaps we should all (whether spin doctors or journalists) remember some other words of his - ones which he uttered in to the Hutton Inquiry: 'if there is any doubt about the validity of a statement or fact or a figure do not use it'.

What Does David Cameron Really Think?

Martin Rosenbaum | 15:15 UK time, Thursday, 14 February 2008

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My FOI blogging has been a little light recently due to programme-making commitments, for which apologies. My latest radio production, What Does David Cameron Really Think?, presented by Nick Robinson, will be broadcast this Saturday at 11 am on 91Èȱ¬ Radio 4.

What the Tribunal heard

Martin Rosenbaum | 12:58 UK time, Sunday, 10 February 2008

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Last Thursday and Friday the found itself unusually a focus of media and public attention. It was considering about MPs' expenses which have been working their way through the freedom of information process.

The Tribunal hearing featured a fascinating cross-examination of the director-general of resources at the House of Commons, Andrew Walker, as a result of which MPs to check the John Lewis website to see how much they can claim for a particular kind of domestic good.

Sam Coates of the Times has now posted on his blog, , the best question-by-question record available of Mr Walker's evidence.

Coates states: 'Here is the most comprehensive transcript and notes I could record - the only such note that will be placed in the public domain (no recording devices were allowed)' - in which case he has performed a public service by giving the rest of the world access to the contents of his notes.

UPDATE: I gather that some Commons officials feel that Andrew Walker's remarks, which generated plenty of headlines about ipods and fishtanks, were badly misreported. The merit of what Sam Coates has done on his blog is to provide us with the best available access to Mr Walker's actual words - and he has asked for corrections if his partial transcript contains errors.

MPs under surveillance

Martin Rosenbaum | 12:08 UK time, Tuesday, 5 February 2008

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How much are MPs monitored by the surveillance agents of the state? To what extent does their status give them some protection which others do not have?

These questions are raised by the .

Some time ago the 91Èȱ¬ used the Freedom of Information to obtain documents from the Metropolitan Police Special Branch which how the Police had monitored the campaign activities of the Anti-Apartheid Movement for decades.

One of these documents (from 1984) appears to suggest that the Special Branch did not keep personal files on MPs in the same way it kept numbered files on other named individuals of interest to it.

Another notes that Special Branch did not normally observe meetings inside the Commons, explaining why an exception was made in this case.

But of course the Police did monitor individuals who later became MPs. This report shows that in 1970 Special Branch had a file on Peter Hain, number RF 405/69/702.

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