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Freedom of Information Act 2000: Ministerial Veto on Disclosure of the Department of Health's Transition Risk Register - Information Commissioner's Report to Parliament
- Information Commissioner's Office (ICO)
- TSO (The Stationery Office)
An order by the Information Commissioner (upheld by the First-tier Tribunal (Information Rights) on appeal) to the Department of Health to disclose the Transition Risk Register relating to the Coalition Government's proposals for modernising the NHS under the Health and Social Care Bill, was overruled by the Secretary of State for Health.
'Freedom of Information Act 2000: Ministerial Veto on Disclosure of the Department of Health's Transition Risk Register - Information Commissioner's Report to Parliament (HC 77)' sets out the background that led to the issue of the certificate vetoing disclosure, and outlines the Commissioner's view that the exercise of the veto in future should be genuinely exceptional.
The Commissioner does not agree with the Government's arguments that this case is exceptional, concluding that they support a generally less qualified 'safe space'. The previous three vetoes related to Cabinet material, and the Commissioner is concerned that the issue of the certificate in this case extends its use into other areas of the policy process, marks a departure from the Government's Statement of Policy on the use of the override, and represents a significant step in the Government's approach to freedom of information
An annex to the report includes the Ministerial certificate, the Secretary of State's statement of reasons and written statement to the House of Commons, and the statement of Government policy on the use of the executive override.
|Format||Paperback||Published||15 May 2012|
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