Iraq War minutes publication refused again

Key meetings leading up to the Iraq War remain secret after Cabinet Office reject FOI request // Photo: Benjamin Nolan

EXCLUSIVE

The Cabinet Office has refused for a second time to release the minutes of key meetings that led to the invasion of Iraq, nearly nine years ago.

A Freedom of Information (FOI) tribunal in 2009 ordered the cabinet minutes to be released as it said this was an exceptional case. But the publication was vetoed by the then Justice Secretary Jack Straw at the last minute, after a long battle with the Cabinet Office.

Now the FOI request has been rejected again by the Cabinet Office, despite the change of government and the age of the documents. The Cabinet Office claimed it was in the public interest to keep the information secret.

A letter claimed that the nine years since the invasion of Iraq was “not a long time”. It said that Cabinet’s collective responsibility relies on free discussion and must remain private.

But in the letter, which was sent last week, the Cabinet Office misguidedly assumed that the publication would set a precedent. It claimed: “The candour of all involved, and the records of meetings, would be affected by their assessment of whether the content of the discussions will be disclosed prematurely.”

But the information tribunal in 2009 stated that the “very unusual” nature of the case has “the effect of reducing any risk that this decision will set a precedent of such general application that Ministers would be justified in changing their future approach to the conduct or recording of Cabinet debate.”

The tribunal also pointed out that Cabinet minutes have always been a qualified, not an absolute, exemption from the Freedom of Information Act.

There were discrepancies also with the Cabinet Office’s latest justifications for withholding the documents, compared to its justifications in 2009.

In 2009, the Cabinet Office had argued that factors in favour of maintaining the exemption included:

  • “the decisions in question were fairly recent;”
  • “several of the ministers who took part in it remained in Government;”
  • “the Prime Minister was still in office”

But when the Cabinet Office refused again to publish the minutes last week, it claimed: “The change in government has not diminished the case for maintaining the convention of collective Cabinet responsibility.”

It added that there was a “strong public interest in the United Kingdom being able successfully to pursue our national interests, and to avoid causing unnecessary risk to the UK’s international relations.”

It said: “We are more likely to do so if we conform to the conventions of international behaviour, avoid giving offence to other nations and retain the trust of our international partners (all of which apply regardless of changes in administrations).”

The Cabinet Office is set to complete an internal review of its decision to refuse the publication. It is likely that this will also find the minutes exempt from release and the case will be taken to the Information Commissioner later this year.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s