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Dominic Grieve denies existence of policy to curb freedom of information Dominic Grieve denies existence of policy to curb freedom of information
(40 minutes later)
There is no government initiative to curtail freedom of information requests, according to the attorney general who has told MPs each application is dealt with on a case-by-case basis.There is no government initiative to curtail freedom of information requests, according to the attorney general who has told MPs each application is dealt with on a case-by-case basis.
Appearing before the Commons justice select committee, Dominic Grieve QC, denied that the refusal to publish an NHS risk register represented part of a new pattern of responses aimed at blunting the impact of transparency laws.Appearing before the Commons justice select committee, Dominic Grieve QC, denied that the refusal to publish an NHS risk register represented part of a new pattern of responses aimed at blunting the impact of transparency laws.
Grieve said he could not second guess why the health secretary, Andrew Lansley, chose to exercise a ministerial veto and overrule a tribunal ruling that the document should be released. Lansley has argued that the veto was necessary to ensure civil servants remain free to speak their minds openly about government policies behind closed doors.Grieve said he could not second guess why the health secretary, Andrew Lansley, chose to exercise a ministerial veto and overrule a tribunal ruling that the document should be released. Lansley has argued that the veto was necessary to ensure civil servants remain free to speak their minds openly about government policies behind closed doors.
Earlier this week the information commissioner, Christopher Graham, raised concerns that the latest veto "appears to have most to do with how the law might be changed to apply differently in future". The refusal, he complained in a critical report to Parliament, did not meet any of the criteria set down for the use of the final blocking power. On Tuesday the information commissioner, Christopher Graham, raised concerns that the latest veto "appears to have most to do with how the law might be changed to apply differently in future". The refusal, he complained in a critical report to Parliament, did not meet any of the criteria set down for the use of the final blocking power.
Grieve, however, insisted: "I've heard nothing to suggest to me that there is some policy decision of 'let us establish clear boundaries so as to provide us with safe space'.Grieve, however, insisted: "I've heard nothing to suggest to me that there is some policy decision of 'let us establish clear boundaries so as to provide us with safe space'.
"It seems to me the approach has always been on a case-by-case basis and problems come up on a case-by-case basis and they are clearly resolved on a case-by-case basis.""It seems to me the approach has always been on a case-by-case basis and problems come up on a case-by-case basis and they are clearly resolved on a case-by-case basis."
He declined to comment on his cabinet colleague's reasoning. "It is his decision, not my decision. I must be very, very careful about second guessing other people – it wouldn't be proper or fair and could be misleading."He declined to comment on his cabinet colleague's reasoning. "It is his decision, not my decision. I must be very, very careful about second guessing other people – it wouldn't be proper or fair and could be misleading."
The November 2010 Transition Risk Register set out internal government assessments of the risks posed by the NHS reforms in the Health and Social Care Act which became law in March after a tortuous passage through Parliament.The November 2010 Transition Risk Register set out internal government assessments of the risks posed by the NHS reforms in the Health and Social Care Act which became law in March after a tortuous passage through Parliament.
Ministerial vetoes have previously been used to prevent records of cabinet discussions being made public. Grieve added that there were "really compelling and good arguments" for preserving the secrecy of cabinet papers to protect the collective responsibility principle of decision making.Ministerial vetoes have previously been used to prevent records of cabinet discussions being made public. Grieve added that there were "really compelling and good arguments" for preserving the secrecy of cabinet papers to protect the collective responsibility principle of decision making.
It is a healthy part of the process that ministers are able to argue in private but display a united front in public, he insisted. Forcing decision-making into more informal channels – as happened under the previous Labour administration – posed great dangers, he said.It is a healthy part of the process that ministers are able to argue in private but display a united front in public, he insisted. Forcing decision-making into more informal channels – as happened under the previous Labour administration – posed great dangers, he said.
The former cabinet secretary, Lord O'Donnell, has suggested that freedom of information (FOI) rights should be curbed to protect the ability of politicians and civil servants to speak freely when formulating policies – warning of a "chilling" effect of too much openness. Tony Blair has also indicated regrets over introducing the act.The former cabinet secretary, Lord O'Donnell, has suggested that freedom of information (FOI) rights should be curbed to protect the ability of politicians and civil servants to speak freely when formulating policies – warning of a "chilling" effect of too much openness. Tony Blair has also indicated regrets over introducing the act.
Supporters of granting access to FOI requests point to major scandals, such as abuse of MPs' expenses, which might never have emerged without it.Supporters of granting access to FOI requests point to major scandals, such as abuse of MPs' expenses, which might never have emerged without it.