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Department ordered to disclose confidential advice to minister |
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Michael Peel,Legal Correspondent, Financial Times January 6 2007 A department was ordered yesterday to reveal confidential advice given by officials to a minister in the latest in a series of cases that could shed more light on government decision-making.The Office of the Information Commissioner told the Department for Environment, Food and Rural Affairs to disclose details relating to salmon fishing in a Devon river to help "demystify" the policy-making process.The case comes as the Department for Education and Skills and the Department for Work and Pensions appeal against rulings that they should disclose details of internal communications.
Maurice Frankel, director of the Campaign for the Freedom of Information, said the fishing decision was part of a trend of departments opposing disclosure on the grounds it would deter officials from communicating freely with ministers. "There is a government line being held to challenge these decisions," he said. "They say the whole process has to be protected even if the information itself is not very significant."The salmon case arose after the ministry refused to release the advice on the grounds that it constituted internal communications and should, therefore, be withheld regardless of any public interest in disclosure.The advice was given to Ben Bradshaw, fisheries minister, who subsequently confirmed a bylaw aimed at protecting salmon stock levels in the river Teign.Richard Thomas, the information commissioner, ruled against the department, arguing that the public interest in disclosure was strong. It would help inform local people, show how a government decision was reached and ensure officials were held accountable.The department, which must comply by Monday, declined to comment. Freedom of information experts said the decision might have a significance beyond its relatively obscure subject matter, particularly in the context of the other cases going on. An independent information tribunal this week heard a case in which the education department is resisting disclosing records of an internal management meeting on schools funding. Another tribunal will consider next week whether the DWP should disclose internal documents that deal with the costs and benefits of personal identity cards.Michael Smyth, partner at Clifford Chance, the law firm, said the salmon case was important because overcoming government resistance to publishing internal policy advice was "on one view" a "bit like securing the holy grail". |
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