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Legal advice on appointing Peers

Martin Rosenbaum | 14:00 UK time, Friday, 7 November 2008

The has been told to reveal some details of legal advice it received during the 'cash-for-peerages' affair which it has been trying to keep secret.

This has been announced today in a by the Information Tribunal in response to an appeal I made. It partly overturns a from the Information Commissioner that, while forcing the HoLAC to release some material on the controversy, said this need not extend to any of the legal advice.

It is the latest stage in a lengthy process which has seen the HoLAC gradually pushed into disclosing more and more information. It now has 30 days to comply with the latest judgment or appeal.

However the Tribunal decided that it was in the public interest for other details of the legal advice to remain secret.

This is only the second time that the Tribunal has ordered that the traditional secrecy of legal advice should be breached due to freedom of information. The involved Merseytravel.

The Tribunal made clear that its ruling in this case was because of the exceptional role in public life played by the HoLAC. Its remit both in proposing non-party peers itself and also in vetting party nominations for peerages gives it significant influence over the composition of Parliament and thus indirectly on its decisions.

Records which the HoLAC was previously forced to reveal to the 91Èȱ¬ showed that Tony Blair did not personally have to sign official statements about the financial contributions to Labour made by people he was nominating for peerages. This was partly on the basis that it would be 'helpful' if he did not sign declarations which might turn out to be inaccurate.

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