Freedom of Information Act 2000: ministerial veto on disclosure of Cabinet minutes concerning military action against Iraq Information Commissioner's report to Parliament

House of Commons papers 622 2008-09

Corporate Author:

Great Britain Information Commissioner's Office

Author:

Richard Thomas (Information Commissioner)

Publisher:

TSO (The Stationery Office)

On 19 February 2008 the Information Commissioner issued a decision notice under section 50 of the Freedom of Information Act 2000 ordering the Cabinet Office to disclose copies of the minutes of two Cabinet meetings at which the Attorney General's legal advice concerning military action against Iraq was considered and discussed. That decision notice was subject of an appeal to the Information Tribunal which, on 27 January 2009, upheld the decision notice and dismissed the appeal. On 23 February 2009 the Secretary of State for Justice issued a "veto" certificate under section 53(2) of the Act overruling the Tribunal's decision. The Commissioner is of the opinion that the veto should only be issued in exceptional cases and, as this was the first occasion on which the veto had been exercised, he decided to obtain legal advice on the prospects of successfully challenging the certificate by an application for judicial review or another means. The advice received from counsel was that judicial review was the only possible route for challenging the certificate. The main potential grounds for a challenge would be if the accountable person (i) had no reasonable grounds for his opinion; (ii) failed to direct his mind to the question of whether there was a breach of the duty to disclose under the Act; (iii) misinterpreted the Act; or (iv) departed without good reason from a general policy on how the veto would be exercised. Counsel concluded that a claim for judicial review would have little prospect of success. Consequently, the Commissioner does not intend to take any further legal or other action in this matter. Counsel's legal advice is included as an appendix to the report.

Extent	26p.	ISBN	9780102960990
Size	N/A	Price	£5.50
Format	Paperback	Published	10 Jun 2009
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