Newspaper of the Campaign for Freedom of Information Number 10 Number 10

Polls reveal public .lic and political support for access '55 to personal fill

146 MP's say I yes' to 65 % of public say I yt Private Member's Bill to right to know

Close to two-thirds of tbe Britisb public helieve that Britain I Two polls conducted on behalf of the Campaign for Freedom of Freedom of Information Act. Information, one an opinion poll of the public (see story op­ A major opinion poll carried out for tbe Campaign for Free posite), and one a surveyof backbench Members of Parliament, Information of a representative sample of 1909 people hy th reveal overwhelming support for legislation to allow individuals Organization produced tbe following result: to have access to files held on them by the authorities. Would you favour or oppose a Freedom ofInformation Ac right of access to information collected by public authorities, The chances of success for a Private Members Bill in the to adequate saf eguards for national security, crime preventi. autumn are high, for 146 Members of Parliament have personal privacy? indicated that they support the bill in principle, including Favour 65 per cent 54 Conservatives. Oppose 23 per cent Many have indicated theywill personally introduce the Billif Sir Frank Cooper, formek Cooper, former Perma­ Do n't kn ow/no opinion 11 per cent. nent Secretary at the Miretary at the Ministry of Of particular no te to tbe Prime Minister is that 69'70 of Cons. they come high in the Private Members Ballot. Defence, is the latest forrr is the latest former senior supporters want a Freedom of Information Act, and only 25~ The MPs responded to a questionnaire sent to them by the civil servant to commit lrant to commit himself to "No", three parliamentary sponsors of the Bill, SteveNorris (Conser­ freedom ofinformation. ofinformation. There was overwhelming support for access to personal file vative), Archy Kirkwood (Liberal), and Chris Smith (Labour). In a recent lecture he stacent lecture he stated: of the sample wanted access to medical files and 67'70 to educath The MP-sponsors expect evenmore Members to indicate their "There is now no doubt in :now no doubt in my mind • Full details - Page 5. support as a result of the positive public opinion poll. that we do need a freedomo need a freedom ofinfor- mation ace' ct" The Campaign for Freedom of Information promoted the He said that "it mighid that "it might help to Bill last autumn, but unfortunately none of its MP-supporters persuade the governmers the government to pay came high on the Ballot. Ithas, however, been introduced under rather more attention to lore attention to the inter­ the 10-Minute Rule procedure by Archy Kirkwood, and printed. ests of those it is elected 110se it is elected to govern Given the nature of the support now declared, it stands a much at the expense of theexpense of the private better chance in the Ballot this year. parliamentary power gaentary power game:' It applies to medical, educational, housing, social work, fostering, care, parole and probation records, and also files about pensions, benefits, grants and assistance provided to in­ dividuals. A recent addition is the right of employees to inspect ChrisSmith Mp, Steve Norris Mp, Archy KirkwoodMp, the all-party MPs sponsoring the Private Members Bill on Access to Personal Fil. files kept on them by their employers. It will allow individuals to discover where the records are held about them, to obtain the records, and to correct themifnecessary. There are some reasonable exemptions. Select Committe • Further details - pages 5 to 7. Party Conference meetings boost for Fol The Campaign for Freedom of Infor­ Labour Party Conference. 5.45 prn, The cause of freedom of informa­ staff association, appeared mation is holding fringemeetings at all Blackpool Trades Club, 7 Chadwick tion has been given a boost by the come round to the view tha of the major party conferences. Details: Street, Blackpool, Tuesday, September highly influential Treasury and Civil tion should be introduced. SocialDemocratic Party Conference: 30. Martin Smith (Chair), Chris Smith The Campaign for Freedmpaign for Freed om of In­ Service Committee ofthe House of "We cannot, on the basi 6.00pm, The Wharfdaie Room, Hotel MP, Chris Price, Maurice Frankel. formation has formed an ,n has formed an all-party Commons. very limited in' St George, Harrogate, Tuesday. Conservative PartyConference: 12.45 team of chairmen to undchairmen to underline its In its report on "Civil Servants wholeheartedly endorse thi September 16. Rt Hon Shirley Williams, pm, Kingston Suite, Durlston Court party political neutrality iJiitical neutrality in the sen­ and Ministers: Duties and Respon­ approach to open governm DesWilson. Hotel, Gervis Road, Bournemouth, sibilities" it states that: the evidence we have receiv Liberal Party Assembly: 6.l5pm, Wednesday, October 8. Steve Norris sitive year up to the electior up to the election. MP, Maurice Frankel. Chris Price (above), Price (above), former • Section 1\vo of the Official not suggest that the governr Thursday, September 25. Des Wilson, Secrets Act is now unenforceable. MauriceFrankel. Labour MP, is to beoMP, is to become co­ made a convincing case Cb airman of tbe Campan of tbe Campaign with • The Government has failed to some form of freedom of iJ Des Wilson, who is P residoon, who is P resident of the make a convincing case against tion act" Liberal Party for 1986-87. 'arty for 1986-87. freedom of information. On leaks, the Select COl Jonathan Aitken, Coman Aitken, Conservative The Committee emphasized that takes a hard line. "We cannc 1986 Freedom of MP, will chair the Cal chair the Campaign's its concern with the subject was a as justified any leak by a ( parliamentary advisory cootary advisory committee. narrow one - how a FOI act would vant which is designed to f Information Awards James Cornfon!, Chai Cornfon!, Chairman of affect the relationship between the policies or actions ofa 1\ TheCouneil feeFreedom of Infonnation invitessupporting organizations, in­ tbe Council for Freedomrcil for Freedom of Infor­ Ministers and their officials - but Nevertheless, it recomme dividual supporters, and otber organizations and members of the public to mation, comments: "Descomments: ''Des Wilson stated that "it seems to us that civil servants who leak sh make nomination s for its 1986Freedon of Information Awards. bas created a Campaign ced a Campaign of impec­ anything which makes more infor­ dealt with by internal disc In addition to such categoriesas the individual, the local autho~ty, and the cable political neutralitylitical neutrality, bu t it mation available as a matter of procedures and notthe cou non-governmental organization wbo bave done most to further freedom of is obvious that political sets that political sensitivities course would lessen the chances of "In our view, Section Tw information in 1986, the Council will consider nominations for ot ber will be higb over the next yogb over the next year and it (leaks), and ought to lead to better Official Secrets Act is n categories you may like to suggest . was his proposal tbat we sroposal tbat we must not working relations between civil ser­ enforceable". Nominations sbould be sentto tbeDirector, Campaignfor Freedom of In­ only act independently I independently of any vants and ministers:' The Select Committee is fnrmation, 3Endsleigb Street,London WCIH ODD. political party but be se party but be seen to do The Select Committee said that by influential Conservati so." senior civil servants, through their Terence Higgins. :~ How secrecy frufrustrates publi knowledge on m nuclear powe

In the aftermath of Chernobyl, there 340 day Sizewell Inquiry. Ashdown, MP, th at Magno, MP, th at Magnox reactors CEGB. The UKAEA stated that a FoE Britain' has brought the NR has been much talk of "openness" and In June 1968 severe corrosion would not be issued with rot be issued with a construc­ request for the document would have public's attention. of the need Uta communicate with the problemswith steel components inside tion licence today. All the mce today. All the more reason been refused for "commercial reasons". The NRPB is, however, or public".Alistair Goodlad, Parliamen­ the reactor core were discovered by for the full disclosure of eull disclosure of all accident The clear impli catio n of these a number of a committees to tary Under Secretar y of State for chance. Corrosion of key bolts and reports and the 20-year revmd the 20-year reviews rather examples is that access to original data established in recent yean Energy, has written to Friends of the straps surrounding the graphite blocks than short summaries. nt summaries. and reports is essential if safety in include the Committee on tb Earth indicating that the "Government moderating the nuclear reaction and Magnox reactors were supx reactors were supplanted by reactors is to be assured. Summaries Effects of Radi ati on in the is encouraging great openness in the other components was occurring, lead­ the supposedly more pposedly more efficient of reports are inadequ ate, since the UK ment (COMARE), the Advis operations of th e nuclear industry". ing to a number of bolts snapping and Advanced-Gas-Cool ed ed -Gas-Coole d Reactors nuclear industry is loat h to suggest mittee on Safety of Nuclei The self-congrat ulatory tone of a narrowing of the entry points (stand­ (AGR's) in the late 1960's. in the late 1960's. A similar differences in opinion between its own lations (ACSNI) the Radioac Government Ministers however, as they pipes) into the reactor. The CEGB's lack of safety infc rrne safety in fo rmati on has experts. It feels duty bou nd to present Management Advisory C contrasted this "g reat openness" response was to reduce the operating occu rred. FoE has asked . FoE has asked on several a 'consensus' to the public even where (RWMAC) and the Advisory within the British nuclear industry temperatures by up to 24070, (and hence occasions that safety repos that safety reports on the none exists. The CEG B's definition of tee on the Transport of Ra with th e "secretive and reticent" lower th e efficiency of the reactor) . AGR be published . On Apipublished. On April 6, 1979, 'info rming the public is one where Materials (ACTRAM). Russian autho rities, has been difficult They also reduced the pressure of Mr Roy Mathews, head of sMathews, head of safety at the reassurance is paramount. FoE are currently carryi: to stomach for those who have tried methane gas inside the carbon dioxide CEGB, wrote a memo to wrote a memo to all nuclear detailed assessment of severa to gain access to detailed technical coolant. This wasfelt to have curedthe power station managers projtion managers proposing that Advisory Committees Committees, and intend to r information on reactor safety. problem. Recent do cuments leaked to "any telephon e calls from tphone calls from the nuclear Critics of nuclear power are contin­ findings later this year. SOIl It is also hypocritical since there was FoE, and disclosed by 'TV EYE' in opposition or unknown callm or un known callers should ually downgraded for their 'emotional' early results are revealing h< a similar secretiveness after th e 1957 June, now reveal that the corrosion be dealt with by refusing ' with by refusing to provide and 'irrat ion al' rejection of a 'safe', RWMAC was establisher Windscale Fire. Ato mic Energy problems have not been cured. CEG B such inform ation". The Nucrmation" The Nuclear Instal ­ 'efficient ' and 'cheap' technology. The 1978 followin g a recornrr Officials were qu oted in the Guardian maintenance job sheets for the lations Inspectorate (NIl) reispectorate (NIl) referred FoE parameters of the debate are shifted from th e Royal Corn mis on October 12th 1957 as saying "There to the CEGB and SSEB fodGB and SSEB for generic or from social issues to highly complex Environmental Pollution. It was not a large amount of radioactivity preliminary safety studies onry safety studies on the AGR. concerns possibly excluding interested terms of reference are to a, released. The amount was not hazard­ The SSEB told FoE in I979 B told FoE in 1979 that "sub­ lay parties as 'not qualified' to take an Secretaries of State for the ou s and, in fact, it was carried out to missions to the NIl are ~ to the NIl are part of an active role in decision-making . In the ment, Scotland and Wales I sea by the wind. There has been no extensive on-g oing proces on -going process of dis­ wake of radioactive leaks from Sella­ issues relatin g to the develop: injury of any sort to any person". A cussion and evaluation. and evaluation. They are field and the Chernobyl disaster, non­ implementation of an overall full 25 years later, the National necessarily complex and vdy complex and voluminous scientific and opposition views are be­ the management of civil ra Radiologi cal P ro te ctio n Board and publication would notlication would not assist the ing further distanced from points of waste, including the waste (NRPB) admitted that 20,000 curies of public". decision-making. ment implications of nuclear radioa ctive iodine had been released , The marathon Sizewelnaratho n Sizewell Inquiry This is made evident when the com­ the design of nuclear systerr th at fallout had contaminated large assessed propo sal s to I propo sals to build a positio n of various nucl ear energy research and development, areas of Cumbria and Lancashire, and Pressurised Water Reactor ed Water Reactor (PWR) in boards and committees is studied. environmental aspects of the was likely to have cau sed 33 cancer this country. The PW R is su ry, The PWR is surrounded Most notable at the present time is the and treatment of wastes. deaths. Over the past 30 years, a worry­ with controversy, particulartroversy, particularly since the Nati onal Radiological Prot ection A substantial proportio: ing picture of cover-up, suppression of Three-Mile Island accident iile Island accident in 1979, but Board (NRP B) which has the task of members are drawn from th important documents, and an attempt also in reflection of safetje flection of safety concern s providin g information and advice to and electricity generatin g it to allay publi c fears by appointing over the basic design its basic design itself. Being those with respon sibiliti es for the Three of the fou r trad e uni token "independent advisory commit­ pressurised up to 150 times ed up to 150 times normal air protection of the community, or sec­ sentatives have a direct invcl­ tees" has emerged. pressure, the reactor pou rs the reactor pours 18 tonnes tions of it, from radiation hazards. The nuclear power generation. As the lessons of Chern obyl are of water a second into a steta second into a steel vessel 40 mass of conflicting and barely compre­ annual reports produced by . assessed over the coming months, the feet high and 15feet in diamand 15feet in diameter. When hensible data published by the NRPB so far hardly suggest a ttl safety of British reactors too will come leaks occur in th e coolarcur in th e coolant system. following the Chern obyl cloud's entry pendent-minded committ under closer scrutiny, particularly as Special report by things happen very qihappen very quickly as into British airspace on 2nd May, major criticisms expressed sensitive information, leaked to news­ Stewart Boyle of emergency water pumps aut:y water pumps automatically together with its Director 's blase view House of Co mmons Env papers and pressure-groups such as switch on to keep the rem to keep the reactor core that there would 'only be a few tens Committee in March, in its I FoE, has now revealed a less than satis­ Friends of the Earth covered with water and prewith water and prevent it from extra death s from this incident in continuedon factory position with regard to their overheating and meltin g. Sng and melting. Severe dis­ safety. lake the old Magnox reactors, Dungeness, Sizewell and Bradwell tortions and pressure swingmd pressure swings occur as currently th e subject of much-delayed reactors reveal furth er corrosion steam and water rush throud water rush through the re­ 20-year safety reviews, as disclosed in problems. In one case, at Dungeness actor. Many aspects of thi any aspects of th is so-called Fol reveals the safetyflaws previous FOI newspap ers. There are 11 A, the confidential maintenance card 'two -phase flow' are not fuse flow' are not fully under­ Magnox stations, including two at reveals that "complete failure of the stood, as indeed are a ns indeed are a number of Much of what we know about safety Nuclear Installations Inspecto Calder Hall and Chapelcross which shield attachment welds could result in additional safety features inti safety featu res in the PWR. problems at British nuclear power had to issue such warnings? H produce pluton ium for the British th e shields falling into the fuel These are known as unresob known as unresolved safety plants only reaches us because been acted on '? It's all conff nuclear weapon programme. Many of channel" and thu s representing "a issues (USIs) in the USA. ASIs) in the USA. As the main information is leaked. Much more no Are our nuclear plants sa the reactors are now ageing, indeed the potential hazard to the reactor by safety obj ector at the Sizewej ector at the Sizewell Inquiry, doubt remains concealed because those terrorist att ack? NRC do. majority are between 21 and 24 years causing localised heating of the fuel". FoE repeatedly asked for eatedly asked for the early in the know are wary of breaching the released und er the FOI Act old. Originally it was thought that they The lTV EYE' programme also re­ publication of detailed son of detailed safety case Official Secrets Act. showed there had been II would operate for only 20 years, but vealed that key ret aining bolts documents. Attempts by tits. Attempts by the Health Even work done by independent attacks, 3 unexplained break the ir operat ing life has been extended surrounding the graphite blocks were and Safety Executive to sety Executive to secure these environmental scientists is covered by 2 findings of bombs at USI twice already, to 25 years and more originally made of carbon steel, on the failed , as the CEGB decide the CEGB decided to keep the Act, if it is commissioned by a previous years. Even after tt: recently 30 years (with the exception of basis that corrosion was not thought "any disclosure to within closure to within the frame­ government department. Dr Colin Mile Island reactor received Wylfa). No safety reviews or studies of to be a problem. There is now an work of the eventu al pub liehe eventual pub lic inquiry". Bowlt of the Department of Radiation threats, security was so hue Ma gnox reactors have ever been increasing safety risk as bolts soften This response was made neonse was made nearly three Biology at the Medical College of St me ntally disturbed ex-ell publi shed , nor has there been a safety and weaken, since in the words of years before the start of thore the start of the Inquiry. Bartholom ew's Hospital revealed in managed to enter the plant at assessment at public inquiries. At some Bryan Edmondson , chief of the CEGB foE were reduced to relying t reduced to relying upon leaks July 1996 that a DOE research contract trate protected areas. Evident of the early public inquiries into a Nuclear Operati ons Support Group and securing declassified rerin g declassified reports from with his department, to study radio­ the adequacy of security mes Magnox reactor at Portskewett and "the corrosion process is progressive. the USA under the 1'r" under the 'Freedom of active pollution in the environment, British plants is not availabl Oldbury, the Inspector simply reported The link with life limitati on is Information Act. ion Act. expressly stated that the work was The NRC has had to releasr that safety issues were outside their obvious". An early PW R desigarly PWR design by the covered by the Official Secrets Act. internal ratings of safety stan scope. The inquiries generally took less It has now been admitted by the National Nuclear Corporati Nuclear Corporation (NNe) The contras t with the US couldn't US reactors. They showed than seven days, in stark contrast to the Health and Safety Executive to Paddy was leaked to FoE. It' s desigd to FoE. It's design revealed be greater.Under the Freedom of named plants were described a significant differences witlnt differences with the even­ Information Act the US Nuclear average'. An official who tual design put forward by ~n put forward by the CEGB, Regulatory Commission releases some release equivalent informa and signs of safety compis of safety compromises in 7,000 requested documents on nuclear Britain would probably be Sl order to cut costs. As FoE'cut costs. As FoE's barrister safety each year. Finally. documents release Secretive Scientists John Howell stated at ttnwell stated at the Inquiry, Some o f these ca us e grea t the FOI Act dem onstrated bi A report by the UK Atomic Energy hazards such as plane crashes or "these cost savings have ost savings have only been embarrassment to the NRC, revealing official study which purported Autho rity for the authorities in Hong tornados are taken into account the achievab le at the expense de at the expense of reduced information that would unquestion­ that the chanc es of bein g inji Kong has thrown light on the way odds are less than half of this. standards". A further leakers", A further leaked document ably be suppressed in the UK. But nuclear accident were the government scientists deliberately The Hong Kong authorities asked on loss-of-coolant-accidenof-coolant-accident (WCA) under the FOI Act the NRC has no those of being struck by a met conceal the implications of their Harwell for advice on " presentation", analysis by the Advisory (by the Advisory Committee option but to release them. The agency study, published in 1975, co findings. and received a list of suggested cbanges on Safety of Nuclear Iny of Nuclear Installations would be taken to court if it attempted' that a person living near a The report, by Harwell scientists, to remarks that could be presented (ACSNI) revealed the grav revealed the grave concern to withhold the information . plant ran only a I in 5 billior evaluated the risks to Hong Kong of "out of context". These show the way among sa fety experts asa fety experts about the For example, documents released per year of being killed by a a nuclear power station, to be built in wbich potentially alarming figures inabilty to accurately pI to accurately predict the under the Act indicated that the NRC's accident. The report was welo using British turbines, in China, just 31 are deliberately turned into incompre­ behaviour of a PWR coo lir of a PWR cooling system former chairman knew of serious the NRC as "a realistic asse miles from the centre of Hong Kong. hensible statistics. under accident conditions. 'cident conditions. The report safety failings at some reactors in the providing "objective and mew Under an arrangement negotiated by One suggestion read s: 'Replace talked ofa "fundamental en a "fundamental error" by UK early 1970s, but deliberately down­ estimates of the risks. the British government, the plant will '~bout a third of severe accidents experts in assessing temp em assessing temperature and graded them in order to speed up the However, independent sc supply electricit y to Hong Kong. would result in some cases of fatal pressure under acciden t c und er accident conditions. licensing process. Could it happen using the FOI Act obtained The unpublished Harwell report, cancer" by: "The conditional prob­ The report obtained by Foj rt obtai ned by FoE from the here? We certainly wouldn't learn data on which the calculatic marked "Commercial In Confidence" ability of the occurrence of one or USA was a review of safety , a review of safety studies and about it if it did . based and con cluded they v WBS obtained by the Observer news­ more cases of fatal cancer, given a risk assessments by the UKAsments by the UKAEA on the Another FOI request produced valid. Following sustained criti paper, which reported that the Hong (very unlikel y) severe accident as sequence and frequency: and frequency of events minutes of meetings showing that at NRC was forced to cornrnis Kong authorities were disturbed at its defined in this study, is about 0.34".' which could lead to a seveauld lead to a severe accident least three official warnings of fire independent reviewof the stuc complacent approach. It estimated the Harwell adds: 'If it is considered the at a PWR plant. The repoiR plant. The report assessed hazard at the largest US reactor, at upheld the criticisms. The NR' chances of a serious accident occurring above statements as amended are still a US study which concluody which concluded that a Brown's Ferry in Alabama, had been quently withdrew its former c were only 1 in 20,000 per reactor year. open to misconstruction ... they may, sequence of potentially : of po tentially dangerous ignored. One referred to the " prob­ ment of the risk estimates. But given that the plant has two of course be deleted entirely without events was likely to occuras likely to occur more fre­ ability of catastrophic fire". Subse­ Would full data on technic, reactors, and that they will operate for loss of information (which Is all in the quently than had previo than had previou sly been quentlya fire causing $7 million worth issues be made available in 1 30 years, this figure means the chances tables and figures): estimated using theoretical using theoretical calcula­ of damage which came close to Not a chance. of a severe accident are only 1 in 333 tions. The UKAEA genehe UKAEA generall y con­ destroying the plant's emergency shut- during the plant's lifetime. If external Maurice Frankel curredto the owiptimisticth this view,view iexn prenimisticsta:ith this view,view iexnpressed stark contrast by tne ,,• down system broke out. Has Britain's Maurice_ j CounciIlor takes fightight .. . ruling also due secretive magistrat to the High Court A High Court ruling is expected in High Court to force disclose October on whether magistrates name. "The distinction must A councillor who was arrested for force on April 1 1986. The Act gives should be allowed to keep their names somewhere:' he said. "Other Council shows that severa shows that several charge £1 secret. The case is being brought by the member of the public v; attending a meeting of a council members of the public the right to for the first copy, and first copy, and that one Observer newspaper against the clerk "working party" is taking his authority attend meetings ofcouncil committees allowed to make a request authority charges a grossly ff charges a grossly excessive £2 of Felixstowe magistrates' bench, one names of the bench". to the High Court. and subcommittees (except when minimum (and 20p im (and 20p per page Mr John Moffat a member ofEden 'exempt' information is being dis­ of about 20 benches in the country The policy arose after a cal thereafter). or). which refuses to disclose the names of when a car park attendant, District Council has been a long stand­ cussed) and requires agendas, reports, One authority - Midauthority - Midlothian ­ ing critic of council secrecy. Like the minutes and background papers of magistrates sitting in court. A small with pocketting some of the actually passed a resolutii passed a resolution that no number of other benches leave it to majority of Eden councillors he has such meetings to be made available. fees, received a suspender photocopies would be supjpies would be supplied to the individual magistrates to decide sentence. The magistrate ar been elected as an independent However, some local authorities are public at all. This is a direct all. This is a direct breach of member. whether to identify themselves- while the term of imprisonment wit attempting to avoid the Act's require­ the Act's requirernents.t's requirements, and the some are so secretive they refuse even making it clear that it was t In Marcb 1986he was excluded from ments by redesignating former sub­ Scottish Consumer COl Consumer Council's re­ a meeting of a "working party" set up committees as 'working parties' or to say what their policy on naming pended. On hearing this, tl searcher who was told thi: who was told this promptly magistrates is. dant, who had been a prise to consider a restructuring of the 'advisory panels'. But a committee or visited a local police static local police station to lodge council's departments. Mr Moffat says subcommittee cannot be excluded However, the great majority of Japanese POW camp during a formal complaint. Follo-l complaint. Following repre­ courts follow guidelines issued by the collapsed of a heart atta in effect the meeting was a meeting of from the Act's requirements merely by sentations to the Chief Execs to the Chief Executive from the council's finance and personnel changing its name. Its status depends Magistrates Association and the magistrate was later criticise a Chief Inspector of f Inspector of Police, the Justices Clerks Association which say "callous manner" in a letter in subcommittee, whose membership is on its functions, composition and decision was suspended l= was suspended pending an that names should be made public, identical to that of the working party. manner of creation. The ruling in the paper, and two telephone opportunity to formally rmity to formally reverse it. except where there are "substantial which abusive langauge was u The decision to investigate a restruc­ Eden case is likely to have wide The Act allows a 'reasonact allows a 'reasonable' charge turing of the council was taken by a implications. grounds" to fear violent attack from made to his home. To pre to be made for inspecting hde for inspecting background terrorists or others. recurrence, a policy of ref vote of the full council on a resolution This is not the first time the courts documents. Most authoritints. Most authorities make no which Mr Moffat himself seconded. have been involved under the new Act. The case was brought after the clerk identify magistrtes sitting in ( charge, but several charge out several charge £5 and one at Felixstowecourt refused to reveal to introduced. However, when he entered the room In August 1986 a Braintree couple Scottish authority, Inverclyauthority, Inverclyde District where the meeting was taking place he obtained an injunction against Brain­ Observer journalist David Leigh the Acting for the Observer, Council charges £10. charges £10. name of the magistrate sitting in a case Robertson said this policy un: was told to leave. The chairman ofthe tree District Council for failing to In a letter to the Times etter to the Times on August meeting then called the police. When which had attracted national publicity. the British system of open jt make available background papers 4 1986, Dr Mervyn E, Dr Mervyn Bryn-Jones In the High Court, counsel for the he told them that he refused to leave relating to an item due to be discussed meant, he said, that judges co reported on the results of a on the results of a telephone magistrates' clerk attempted into court "wearing oalaclav on the grounds that he had a legal right by the planning committee later that survey he had made ohe had made of London to be present he was arrested for day. The injunction was issued on the unsuccessfully to have the case thrown their wigs". Lord Justice Wad authorities. Twenty eight ies. Twenty eight of the 33 out on the grounds that David Leigh merited that "there'd be are" behaviour likely to cause a breach of grounds of breach of statutory duty, boroughs made no chars made no charge; three the peace. He sayshe was merely sitting and prevented the relevant matter ­ had merely telephoned the court after if High Court judges atter charged £1 or less for se £1 or less for seeing back­ the case, but had not been present him­ claim anonymity. The systerr quietly in a chair waiting for the a new access road being built along­ ground documents. But documents. But Havering meeting to begin. He was not subse­ side the applicant's property - from self. He would not have been given the ing it to individual courts t charges £6 an hour. £6 an hour. magistrates' name even if he had been whether or not to divulge ma quently charged. being discussed. The background Whether the courts mer the courts agree such .The High Court has agreed to an papers were later made available. there but, counsel argued, only then names "cannot go on", he I, charges are 'reasonable' i are 'reasonable' is open to should he be entitled to apply to the application by Mr Moffat for judicial The move shows that the new Act doubt. review of the decision to exclude him. can be enforced in the courts at Under common law, councillors have relatively low cost. Total court fees for a right to attend meetings of com­ the injunction amounted to £37 mittees or subcommittees of which (though this does not include Secre'hcrets Act silences doctol they are not members if they can show solicitors' fees.) a "need to know". The council main­ Doctors on government c on government committees Transplant Advisory Panel, the a member of the Black inqi tains the meeting was not a committee Fees advising on organ transplar on organ transplants, kidney Advisory Committee on Dialysis leukemia around Sellafield, or subcommittee but a "working In some areas members of the public dialysis and the handling and the handling of infected Equipment, and a group reviewing until he resigned in 1985 ­ party". are being deterred from using the Act laundry are all bound by tIare all bound by the Official advice on Safe Handling of Foul and government's Radioactive The court's decision on the case will by high fees. Most authorities charge Secrets Act, the Health M\ct, the Health Minister Mr Infected Laundry. Management Advisory Comr have important implications for the lOp for providing photocopies, but Barney Hayhoe has revealelayhoe has revealed. As the list illustrates section 2 a letter in the British Medical new Local Government (Access to some have minimum charges. A survey In reply to a parliamentary to a parliamentary question applies not only to civil servants but (14 June 1986) he warned de Information) Act which came into in Scotland by the Scottish Consumer he identified 43 Departrnenfied 43 Department of Health to anyone given information in confi­ government committees tt advisory committees whosecommittees whose members dence by a civil servant. It extends to risked prosecution if they disc are subject to section 2 of thet to section 2 of the Act (May anyone who receives, passes on or even discussed with colleague 16, 1986. Hansard cols 58'. Hansard cols 587-8). Inde­ publishes official information without fidence', information obta Government secrecy pendent experts who sit onexperts who sit on them risk authorisation. committee members. "It wou prosecution if they reveal inion if they reveal information Even someone who merely allows defence that medical duty about public health risk ublic health risks without' such a person to stay on his premises openess;' he warned . thwarts MP's inquiry permission. on, commits an offence. This is under a "When a minister annor The committees inc committees include the section of the Official Secrets Act parliament that the Official Se A House of Commons Select Com­ advice they may have given to ministers Maternal Mortality Comrl Mortality Committee, the nominally designed to penalise applies to the Leprosy Opinic mittee has reported that its investiga­ on the crisis. The Minister of State at Dental Advisory CommAdvisory Committee, the "harbouring spies" but which in fact something has gone wrong:' 1 tion into the tin crisis was "thwarted" the Department of Trade and Industry Leprosy Opinion Panel, tlnOpinion Panel, the Advisory makes it an offence to harbour anyone He called on the British by government secrecy. told the Committee that officials gave Committee on Dangerous lee on Dangerous Pathogens, who has, or seems about to, disclose Association to press the goven The inquiry was prompted by the no warning of the impending crisis. On the Committee on Researc.mittee on Research into the official information without removesuch advisory committ financial collapse of the International the other hand, Sir Brian Hayes, the Behavioural Aspects of Snural Aspects of Smoking and permission. the Act's scope. In the mean Tin Council - a body established permanent secretary, reported that Health, the Mental Handicahe Mental Handicap Research The application of the Act to said, doctors on such cor under international treaties to regulate between 1982 and 1985 ministers Liaison Group, the Homele'houp, the Homelessness and advisory committees has been "ought to inform their chain the price of tin. The collapse has had received 15 reports on the subject. Addictions Research Liaisms Research Liaison Group, criticised by a leading epidemiologist, discretion, not the Official Sec disastrous consequences for the tin What did these reports say? The the Overseas Doctors Study leas Doctors Study Group, the Professor Geoffrey Rose of the will be their guide; and that i mining industry in Britain. Committee reported that "all the Committee on the Medical .ee on the Medical Aspects of London School of Hygiene and not accept secrecy if concerr But in March 1986 the Select Com­ witnesses questioned on this matter Radiation and the Envirom and the Environment, the Tropical Medicine. Professor Rose was public health requires otherv mittee on Trade and Industry reported have refused to tell us whether those that it had "been effectively prevented papers contained warnings to Ministers from discovering all the facts about about the approaching crisis or not". ... the role of the Government in the The Trade and Industry Secretary, crisis". Paul Channon was criticised for for­ Secrecy ar.recy and nuclear power continuedfrom page 2 The first problem was the Inter­ bidding his permanent secretary to national Tin Council itself. The lTC, reveal anything about the advice of Radioactive Waste, are in staive Waste, are in stark contrast information obtained from MAFF, Explanations that it would which has diplomatic immunity, re­ officials. The Committee remarked to the bland and reassurinand and reassuring tones of CEGB and NRPB. After a week of proper to release the criginr fused to give evidence to the Com­ "the literal observance of these instruc­ RWMAC. Radioactive wasr. Radioactive waste is a con­ bland statements and only after a because CEGB staff were nar mittee or to release any information to tions led to such fatuous exchanges as troversial environmental it environmental issue, with barrage of criticism from FoE and unconvincing. The full rep it. the following: serious technical and technical and economic members of the public, the NRPB important, because the Following ITC rules, the British "Q. Are you saying you gave advice criticisms raised over issue raised over issues such as finally started to make available raw showed that standard inspecti. Government then refused to reveal any to Ministers on this subject that you reprocessing at Sellafield, shing at Sellafield, shallow land data, monitoring radiation fallout faulty drive shaft had failed information about ITC deliberations cannot disclose? disposal and waste cla: and waste classification effects across the country. Informal the fault, and that "all min either. The Committee nevertheless (Sir Brian Hayes) Whether we gave systems. A rubber-stamping A rubber-stamping ofgovern­ comments made to FoE staff and trations on other AGR and obtained some ITC documents ­ advice or not is itself advice. . ." ment waste management peste management policy by an advisors by senior NRPB employees reactor pressure circuits sh these had been released under the US The Committee was so dissatisfied 'independent committee' dent committee' seems an indicate that the DOE prevented them reviewed to identify the possi Freedom of Information Act. But, with the refusal to provide information improbable response to thible response to this, but that from releasing data, even where they similar incidents". even knowing that the Committee had on a matter of such national import­ is RWMAC's track record AC's track record so far. The wished to do so. One can only hope If nuclear power is as sa these documents and intended to ance that it called on the Leader of the lack of representation frorrepresentation from environ­ that the new Chairman, Richard proponents argue, then the rr publish them, ministers and officials House to provide time for a parlia­ mental organisations, the iirganisations, the inability to Southwood, whose independent views that they should provide fOI still refused to discuss their contents ­ mentary debate on "the refusal of the commission its own researci.on its own research, and its as a member of the Royal Commission scientists and the general pu a decision the Commitee branded as Secretary of State for Trade and lack of an independent seem independent secretariat are were well known, can improve matters. "unnecessarily obstructive". Industry to provide full answers to our key faults indentified by tho indentified by the Environ­ From the almost unknown 'Local • Detailed reports of each An even 'greater problem was the questions". ment Committee. They are cnmittee. They are clues to the Liaison Committee' for each nuclear at nuclear installations. refusal of officials to discuss any performance of a comminnce of a committee which power station, through the myriad of • Full and unedited safety! simply does not fulfil its truoes not fulfil its true function. advisory committees, to the complex the current and propose Similar problems exist \l" problems exist with other relationship between the Nil and the reactor systems. Police Complaints Authority advisory committees. The lrcommirtees. The lack of dis­ CEGB and the whole design and • Open access to minute closure of minutes by ACSlf minutes by ACSNIl, (these licensing process, information on advisory committees. The Police Complaints Authority has anonyminty is generlly necessary there being the property of the m property of the HSE and the nuclear matters is carefully controlled. • A wider representation ( made a complaint of its own - that are exceptions. "Sometimes the case is Secretary of State for Energj of State for Energy), and the Reports on incidents or safety reviews ory committees, in the law sometimes requires it to be ex­ so notorious that the whole world occupational, academic anal, academic and pro­ are summarised and made fit for the nominees of enviror cessivelysecretive about the cases it in­ knows who is involved;' he said. He fessional commitment of itscommitrnent of its members public. A recent example of this was organisations. vestigates. Section 98 of the Police and has called for the law to be changed to nuclear power, mitigate ar power, mitigate against the the CEGB report on an incident at Only then can they tal: Criminal Evidence Act 1984 makes it to give the authority discretion to Government and the publioent and the public receiving Hinckley Point B on 29th November "openness" and "access to an offence for a member of the publish "so much of an investigation 'independent' advice. The latent' advice. The lack of true 1985, where eight tonnes of coolant ation" with justification. F; authority to publicly identify anyone report as we judge it is in the public independence of the Nkp.ence of the NRPB was re­ gas escaped. Despite a commitment to make such changes will simj involved in any of its investigations. interest to disclose,subject to the needs vealed by events during the cevents during the ChernobyI local MPs that a full report of the the industry to stumble along, The authority's chairman, Sir Cecil of confldentiality" fallout. The Departmen The Department of the incident would be published, a five done for 35 years, without fu Clothier, has pointed out that while Environment (DOE) cement (DOE) coordinated page summary was released instead. accountability and scrutiny. t Environmental Secrecy No information on pesticides Whitehall obstructs cts The dangers of many pesticides First, only summaries ­ will remain secret - perhaps into full studies - would be ; the next century - under the The Ministry will not Ministry of Agriculture's new disclose the complete dan proposals to end 'openness' policy. it has suggested that "exc Public access to pesticide safety ly" someone may be giv. information will be possible for to these - at its discretie pollution secrecy r the first time when regulations US these full reports are under the new Food and Environ­ available by law. Frienc ment Protection Act 1985 are Earth UK has already More information on pollution more patient in waiting for working party specificag party specifically rejects made. In theory, the Ministry of data on British pesticides should be published, according to improvements, and reluctant either any greater openness. Itater openness. It has come Agriculture's disclosure proposals the US law. a Whitehall inter-departmental to criticise the firm publicly or take down: look attractive. Second, summaries wi MAFF is proposing in future to closed only for pesticides working party which reported in formal enforcement action. This is • against disclosure cnst disclosure of the de­ April. a substantial benefit - companies tailed control agreemd control agreements made make public an evaluation of the in the future. No inform, But after a year of deliberations are unlikely to risk losing it by by the IAPI with .he IAPI with individual safety test data submitted by be made public about the 36-strong working party has withholding information, even if firms. s. manufacturers seeking approval dreds ofpesticides alreac come up with only a handful of that information may be made • against requirinjasr requiring local for a new pesticide. The evaluation - though these may COl areas where it recommends greater public. authorities to make orities to make public in­ will summarise the findings and be used for decades. disclosure. And it has specifically Difficulty in identifying trade formation about air ration about air pollution identify areas where further data Data on these products rejected the view put to it by the secrets was another reason why the from factories in the. factories in their area. is requried. Until now such become public if a future information has been regarded as Campaign for Fol and some local working party decided to limit • against requiring wasnsr requiring waste disposal their safety is carried out. authority bodies that there should access to a few defined types of authorities to open norities to open registers of confidential under an agreement no timetable for reviev be a general right of access to information. waste data. (The worle data. (The working party with the industry. pesticides, and almost no pollution information, with The Campaign told the DOE it suggests the public sests the public should use But the proposals are badly has so far been made. exemptions only where a legitimate believes this problem too was over­ the new Local Go new Local Government flawed, on two grounds. case for secrecy exists. stated. Few companies will in any (Access to Inforrnatiress to Information) Act to The working party was set up case given their trade secrets to obtain such details). in such details). after Ministers accepted a recom­ pollution authorities. If they do, • against requiring thnst requiring the Depart­ mendation of the Royal Commis­ inspectors could take steps to keep ment of Transport t of Transport to release Industrial Secre sion on Environmental Pollution this information off their reports further information ier information about oil that there should be "unrestricted - or recorded separately. If com­ spills (its inquiries; (its inquiries into the The Chemical Industries Associa­ strongly in providing infe access" by the public to informa­ panies were genuinely concerned causes of spills are es of spills are normally tion has advised its members not to the public. In October tion which pollution control about security they would be ask­ kept secret). secret). to reveal any details of their CIA replied to a Depan authorities obtain under statutory ing for this already, to guard • against disclosure of nstdisclosure of car pollu­ effluents and wastes to the en­ the Environment com powers. But from the outset it against inadvertant disclosures. tion data submitted 'data submitted by manu­ vironmental group Greenpeace. paper saying: "We recog decided that "unrestricted access" Much of the anxiety about trade facturers to the Depairers to the Department of The group has circulated a there is a legitimate demai should apply only to certain secrets is deliberately fostered by Transport. sport. questionnaire asking companies public for improved a restricted categories of informa­ industry, because it is now the only about the environmental impact of health, safety and envirt tion - with the rest remaining 'respectable' excuse with which it their activities. In May 1986 the information ... we accej confidential. can resist legitimate disclosure. A CIA wrote to its members about over-secretive attitude by The types of information it classic example was the Chemical the survey. Its main advice: "ignore has increased public cone, wants to see made public are Industry Association's evidence to the questionnaire". its activities. CIA t "information about controls im­ the working party. The CIA This is very strange coming from supports greater prov posed, monitoring compliance, claimed that even "operating a body which claims to believe information. and steps taken in consequence". details of pollution control equip­ But it defines "monitoring com­ ment" could be regarded as trade pliance" in a restrictive way. The secrets or commercially confiden­ results of sampling tests would be tial, an absurdly improbable Health and Safe disclosed - but not an inspector's suggestion. The Health and Safety Commis­ that it had overlooked a b observations and assessments. Within its restrictive framework, sion has wrongly withheld of the HSW Act. Thus there would be no disclosure the working party has called for a information on industrial hazards The key was section III of the fact that a firm was using number of welcome changes: from the public for the last 11 years requires the Commission outdated pollution equipment, or • New legislation to allow the dis­ because - as it now admits - it arrangements to provide j if controls were constantly broken­ closure of information about misinterpreted the law. tion to anyone concerned down - or just switched off. radioactive wastes. At present In March 1986 the Commission general purposes of the, The working party decided that the Radioactive Substances Act acknowledged for the first time "general purposes" are ( a general right of access to all 1960 specifically forbids Reports on this orts on this page that the 1974 Health and Safety at defined in section l(l) tc information would deter compan­ disclosure. by Maurice FraMaurice Frankel Work Act requires inspectors to protecting the public frou ies from volunteering information. • New powers for the Secretary of discloseinformation - not keep it hazards and air pollutioi In its evidence to the DoE, the State to disclose full informa­ On two areas it is th wo areas it is the working secret as they had been doing. In March 1986 the Con Campaign said it felt this argu­ tion about toxic wastes, includ­ party's complete silent complete silence that is At the heart of the issue is admitted that, taking thi ment had been grossly exaggerated. ing - if necessary in cases of most surprising. It had urprising. It had nothing to section 28(7) of the HSW Act into account, inspectors Most information that companies emergency - 'trade secret' say about the inadeqout the inadequacies of which prevents inspectors disclos ­ only free to disclose inforn 'volunteered' - for example about data. MAFF's new pesticide's new pesticide disclosure ing information they obtain under the public - they were ret pollution incidents - was given in • Registers of standards set by the policy, which involves kwhich involves keeping all their powers unless the disclosure by law. return for some benefit, which Industrial Air Pollution Inspec ­ existing data on pestic; data on pesticide safety is with the consent of the person A new disclosure poli companies would not be prepared torate (IAPI) and of sampling secret. from whom the information was three specific changes, ' to lose. results will be established. And it had nothing toit had nothing to say about obtained, or in the course of legal been introduced. Such information is given to • The Department of the the way in which assesv in which assessments of preceedings or "for the purpose of First, complainants wil demonstrate that the company is Environment will encourage the safety of nuclear posty of nuclear power plants his (the inspector's) functions", told the results of any inve behaving responsibly: to show that water authorities to provide are kept secret by the Ht secret by the Health and There has never been any doubt into their complaints. the incident' was not caused by more information about the Safety Commission. Onr::ommission. Only after the that one function of inspectors is Second, if chemicals are wilful negligence or that everything quality of drinking water, and report, in the mass: in the massive post­ to provide information to workers into the environment beca possible to prevent a recurrence is other pollution authorities to Chernobyl anxiety, did rbyl anxiety, did the Com­ - this is explicitly stated in the accident, inspectors will now being done. If the authority respond positively to requests mission agree to release s agree to release summaries very next sub-section of the Act. prepared to reveal detai accepts this, it will be more sym­ for information. of these in future - be in future - but the full But the Commission has always firm involved does not. pathetic of any real difficulties, But in many other areas the reports will still be witl will still be withheld. maintained that the duty ends Third, the names and' there. Only employees are of firms licensed or cover specified, they argued, no-one else various statutory scheme had any right to information. made available on public Some of the views submitted itted In January 1985 the Campaign Registers of those conv wrote to the then-Employment offences will also b. "Local authorities, in dealing with by the Local Authority" the best solution. Instest solution. Instead ... the Minister Peter Bottomley com­ available. environmental groups, would be Institution of Environmental public should simply I should simply be given a -plaining about the rigid and These are useful - bu far more effective when they were Health Officers right to examine the reo examine the records beld unhelpful way in which complain­ short of an acceptable p able to be more open ... there by the pollution control .ollution control authorities ants were treated. As a result, the The most striking om should be a presumption in favour in so far as those recor.. as those records contain "there can be few trade secrets Minister instructed the Com­ details of enforcement of access with possible prescription information which it iation which it is thought mission's chairman to tell inspec­ which are more important than the served on firms who fail or provision for protection rather should be publicly avai be publicly available". 'tors to actively seek companies' protection of the environment, and safety standards. The Cor than the other way round" National C National Coal Board permission to release information. the protection of the lives of the itself initially proposed t' Association of District Councils But if companies refused, it was public, in the case of an industrial should be made public or disaster, and (the Association) is still argued that nothing could be registers, but then droj apprehensive about thenumber of "we do not think that not think that. registers revealed. Section 28 was idea. exemptions that are likely to arise". alone necessarily providrecessarily provide adequate all-embracing. The decision starkly h "rather than prescribe the infor­ Association of County Councils access the public sh the public should have Then, following an instruction the Commission's dout mation to which the public may access to files, corre!o files, correspondence from the Minister to find ways of dards. Such notic: have access, free access should be and the minutes of mee minutes of meetings" increasing public access to infor­ automatically given to , the first presumption ... with free "The Board ... doubt that a Town & Countrylown & Country Planning mation, lightening struck. The representatives. access to any file information held system of registers would ever be A Association Commission suddenly discovered ~

i Opinion Poll ShOWDWS overwhelminl Government acts More Doctor! support for Access 5!SS on access to back change school records A substantial body of medic is now in favour of giving The Government has said it may make legal right of access to the! regulations giving parents a right to see records. t o Persona Files S Although the British I their children's school record s. A con­ sultation pa per on the subject will be Association's annual meetir A major opinion poll carried out by the MORI organisation for The right to see The right to see issued shortly by the Department of 1986 voted again st patient ( Personal Record! Personal Record s Education. majority was wafer-thin ­ the Cam paign for Freedom of Informatio n has revealed over­ to 169. A two per cent shift i whelming support by the public for the right of access to personal Which ofthese, ifany. do ;of these, ifany. do you think The announcement, in Jun e 1986, is you should have the riglould have the right to see? a response to an amendment on access would have swung the dl files. to records tabled by Conservative MP favour of open records. 10tal Prior to th e conference t The poll was of a representative quota sample of 1,909 members Unweigbted base :hted base (1909) Steve Norris during th e Committee of the public aged 15 and over interviewed in 172 constituency stage of the recent Education Bill. GPs' committee had voted 1 '70 a right of patient access, sam pling points. The data was then weighted by sex, age, social Steve Norris, a consistent advocate of Your personal medical ersonal medical freedom of inform ation, documented doctors could, subject to ap; class and region in order to ensure a represen tative profile of the records held by your ords held by your GP 73 the "h orrifying" comments made on­ hold information they th ou, popul ation. Your own children's schown children's school som e children's school records, which be harmful to a patie nt's hi It reveal ed that nea rly three-quarters of the British people want records Irds 67 he said were possibleonly becausethey BMA's central ethical comn access to their personal medical records held by their general Any records kept on youcords kept on you by were kept from paren ts. Access to the full BMA council also : this approach. However, thl practi ti o ner. banks, building societks, building societies records would lead to much greater and otber financial othe r financial professionalism in recording, he said. tees repre senting consult: Altogether 67C17o support access to children's school records. institutions ltutions 64 His amenmdment, supported by hospital doctors opposed tl Of particular interest is that 57C17o say they want access to Labour and Liberal MPson the Com­ Despite considerable pn Your personnel records, Jersonnel records, kept support for patient access, personnel records kept by their employers. The Campaign has now by your employer four employer 57 mittee, was withdrawn only after ministers promised to consult on the is now committed to opp. added to this its proposed Access to Personal Files Bill. Your national insurance/ational insurance! legal right whatsoever, even social security recordw seturity records 55 possibility of makin g regulations on The opinion poll is likely to give fresh impetus to the drive to records und er existing powers in the permitted docto rs to withho' persuade a Member of Parliament who comes high in the autumn Government records to dment records to do 1980 Education Act. In July 1986 Bob ing information, although ballot for private memb ers' bills to take up this particular issue. with you, not having I you, not baving to Dunn MP, the Parliam entary Under committee remains in f do with national secuwith nat ional security 54 Secretary of State at the Department patients' access. It is the first ti me there has been a o pi nio n poll on the subject. Ironically, in the weeks II Speaking at a press conference to announce the results of the Government records to dme nt records to do of Education took this commitment with you, involving I you, involving further. In a letter to Steve Norris he to the BMA conference th poll, Des Wilson, C o-C hairm an of the Campaign, says " it nati ona l security ona l security 36 said 14The Government will now ac­ press had provided growing confirms all the indications we have had, that there is widespread None of these )f these 4 tivate the Regulation-making powers in of the need for access. One obvious reason is public demand for a right to see fil es!' Don't know/no opinion know/no opinion 6 section 27 of the Education Act on the keeping and disclo sure of such patients to check for error s. ' records". the British Medical Journal, sultant warned that GPs who Amendment records on computer should Another FOI amendment tabled by "data corruption". Inexperier Steve Norris, with all-party support, puter users could accident during the Education Bill's Commit­ data that was not display, tee stagehas also producedresults, The screen, while damage to a di • • • and '146 MP's scs say govern ment has said it will make by a speck of grit coul regulations giving the public access to information or make it un agendas, papers and minutes ofschool (BMJ 25.1.86, 223). Anoth and collge governing bodies. warned that " transcription The original amendment would have 5-10070 are not uncommon ·we support it too' 00' gone considerably further, by applying database systems" (BMJ 8.': the provisions of the 1985 Local Staff at a general practice wh When three Members of Parliament, one from each of the main party Govern ment (Access to Information) patients to read their (non-e groupings, wrote to tbeir colleagues in the H ouse of Commons to ask MP SupportESupporters Act to government bodies. This would ised) records reported th at 1 discovered errors (BMJ 1.3. wbetber they would suppo rt in principle a right of access to personal have meant that the public would also Conservative ative have been able to attend governors' One reason why many pat: files, there was a remarkable respo nse. meetings. But the government has to see their records is dissa At the time we went to print a total of 146 MPs bad respon ded Jonathan Aitken, Richard Thairaitken, Richard Thain Alexander, David Amess, David Atkinsness, David Atkinson, Robert made it clear that it would not accept with the level of informal positively to the letter from Steve Norris (Co nservative), Archie Kirk­ Banks, Henry Bellingham, Ienry Bellingham, Keith Best, a right of access to meetings. continued on wood (Liberal) and Chris Smit h (Labo ur). David Bevan, Sir Richard Body, an, Sir Richard Body, Sir Bernard Particularly encouraging was the high number of Conservative Mps. Braine, Michael Brown, Jol1ichael Brown, John Brown, Tbis, too, suggests that the Access to Personal Files Bill stands a real Alistair Burt, Kenneth Carlislurt, Kenneth Carlisle, William Cash, Michael Colvin, Derek Chael Colvin, Derek Conway,Den chance of success this autumn. Dover, Alex Fletcher, Janet Fex Fletcher, Janet Fookes, Roy What the Bill contai Galley, Ian Grist, Jeremy Han Grist, Jeremy Ha nley, John Hannam, Robert Harvey, JereRobert Har vey, Jeremy Hayes, The Accessto Personal FilesBillwould another member of the Voluntary Employment Kenneth Hind, Richard HoHind, Richard Holt, Andrew allow people: someone else Hunter, Charles Irving, Geoffrharles Irving, Geoffrey Johnson • to discover whether certain types • it would reveal the ide Records Smith, Michael Knowles, Deichael Knowles, David Knox, of records are held about them member of the public Organisations Geoffrey Lawler, James LestLawler, James Lester, Patrick information on the undl McLoughlin, Piers Merchanin , Piers Merchant , Charles • to be supplied with copies of such Back Bill Added Morrison ,Colin Moynihan, D, Colin Moynihan, David Mudd, records that his or her name wo Anthon y Nelson, Steve Nor Nelson, Steve Norris, Philip • to have inaccuracies corrected disclosed. However, t A wide va riety o f volu ntary Employment records have been added Oppenheim, Tim Rathbone, ln, Tim Rathbone, Peter Rest, • to obtain compensation for mation itself would no organisations support the Campaign's to the scope of the Campaign's Access Andrew Rowe, Michael Shersbcwe, Michael Shersby, Anthony damage caused by inaccuracies held; nor would the il Access to Personal Files Bill.At the to Personal Files Bill.This would give Steen, David Sumberg, Neavld Sumberg, Neil Thorne, • to appeal to the court if a record­ someone acting in a PI'< time of publi cation they included: people the right to see and correct Kenneth Warren, Bowen WelWarren, Bowen Wells, Michael holder fails to comply with the capacity Advocacy Alliance, Apex Charitable records held about them by their Woodcock, Timothy Yeo. ', Timothy Yeo. Bill's provision. • it would expose someo Trust, Association for Neighbourhood employers. These provisions are similar to those of serious harm, such 11 Councils, Baptist Union of Great Access to computerised employment Alliance in the 1984 Data Protection Act, which attack Britain and Ireland, British Acupunc­ - and other - records willbepossible comes fully into force in November David Alton, Paddy Ashdown:m, Paddy Ashdown, Malcolm • in the opinion of a doct ture Association, British Association from November 1987 under the Data Bruce, Alex Carlile, John (ex Carlile, John Cartwright, 1987. But the Aet applies only to closure would cause ser: of Settlements and Social Action Protection Act. But as early as June Clement Freud, Geraint Howereud, Geraint Howells, Simon computerised record s. The Access to to the subjectof the rec Centres, British Institute of Human 1984 the journal of Personnel Manage­ Hughes, Roy Jenkins, Sir Russeloy Jenkins, Sir Russell Johnston, Personal Files Bill would ensure that example by suddenly Rights, Campaign Against Censorship, ment reported that some firms already CharlesKennedy, Archy Kirkwocnnedy,Archy Kirkwood, Michael people could see certain kinds of traumatic information tI Child Poverty Action Group, College had plan s to transfer their personnel Meadowcroft, David Owen, 'oft, David Owen, Elizabeth record s however they are held - on already in the middle (J of Health, Confederation of Indian records from computer to manual Shields, Cyril Smith, David Stesril Smith, David Steel, Richard paper or on computer. emotional crisis. The be Organisations, Consumers' Associa­ systems - to escape the legislation. Wainwright, Jim Wallaceht, Jim Wallace, Rober t might be to defer ace tion , Disabled Housing Trust, Explor­ This would not be possible under the Maclennan. 1. Which record s? while. Ifa doctor WRnte Access to Personal Files Bill. hold information, th ing Parenthood,Family Rights Group, Th e Bill covers health , education, Family Service Units, Family Welfare Employers who already allow access would he entitled 10 : to personnel record s include IBM, housing, social work, fostering, care, Associatio n, Health Visitors' Labonr parole and probation records. Records second opinion from a Association, Intern ation al Voluntary British Gas, the National Coal Board, Jack Ashley, Margaret Beckett, ~, Margaret Beckett, Stuart Bell, his or her own choosh Swan Hunter Shipbuilders and a of arre sts and convictions etc, certain Where information is wit! Service, Maternity Alliance, MIND, Andrew Bennett, Gerry Bedennen, Gerry Bermingham, informati on from immigration Multiple Sclerosis Society in Scotland, number of local authorities. The BBC Jeremy Bray, Rona ld Brot ray, Rona ld Brown, Dale personwould have to betold recently agreed in principle to allow Campbell-Savours, Dennis Caneavours, Dennis Canavan, Lewis records, credit-worthiness records, and National Consumer Council, National central and local government records reasons and informed of th Coun cil for Voluntary Organisations, staff to see their records. In the Army Carter-Jones, Thomas Clarke, Res, Thomas Clarke, Robert Clay, appeal to the court. An appl National Council for the Welfare of soldiers and officers see not only their Ann Clywd, Harry Cohenwd, Harry Cohe n, Berna rd abo ut benefits, grants or assistance the court could also be made personnel files but also their annual Conran, Robin Corbett, Jeremobin Corbett, Jeremy Corbyn, provided to individuals are also were not provided within Prisoners Abroad, National Federation Lawrence Cunliffe, 'Iam Da Cunliffe, Tarn Dalyell, Ron included. o f Community Organisatio ns , performance reports. Davies, Terry Davis, Eric Dearry Davis, Eric Deakins, Don The Billalso appliesto employment month time limit laid down i A 1979 survey of the top 500 US or if the record-holder rt National League of the Blind and Dixon, Dick Douglas, Gwyneth k Douglas, Gwyneth Dunwoody, records. Disabled, Patients Association, Prison companies showed that three-quarters Alexander Eadie, Kenneth East.Eadie, Kenneth Eastham, John amend records which the pe permitted employees to see their Evans, Frank Field, Mark Fishnk Field, Mark Fisher, Martin In general, only records compiled sidered inaccurate or mislea. Reform Trust, Ravenswood Founda­ after the Bill becomes law would be tion: Jewish Society for t...... _ U... .._...... t ... lly records. Flannery, Michael Foot, Reglnaslichael Foot, Reginald Freeson, court could award cempens Ted Garrett ,Norman Godm.tt, Norman Godman, Bryan available. However, earlier records damage or distress causer Handicapped, Retired Executives ,.,------­ would be supplied if they were sub­ Action Clearing House, Richmond from next column Gould, Peter Hardy, Stuart Holer Har dy, Stuart Holland, John accuracies which the reco Fellowship, Royal Agricultura l Home Robertson, Greville Jarertscn, Greville Jan ner, 'led sequently used as the basis for a could reasonably have avoil Gordon Oakes, Robert Parry, Terry Leadbitter, Ronald Lewis, Tel Ronald Lewis, 'Ierry Lewis, decision or action affecting the person. Benevolent Ins titutio n, Royal Anthony Lloyd, Edward LoyLloyd, Edward Leyden, John The full text 0/ the Bil Asso ciation for Disability and Patchett, Peter Pike, Nick Raynsford, account ofthe reasoning beh Martin Redmond , Geoffrey Robinson, Marek, Michael Martin, Joanic hael Martin, Joa n Maynard, Would anylhin2 be withheld? Rehabilitation. Salvation Army Social Ernie Ross, Robert Sheldon, Clare Short, Hugh McCartney, Michael McGartney, Michael McGuire, Allen be found in a special report j Services, Scottish Homosexual Rights Dennis Skinner, Chris Smith, Clive Soley, McKay, Kevin McNamar Kevin McNamara, Jo hn Th ere are several exemptions in the by the Campaign - 'I IIlrm Group, Scottish War on Want, SHAC, Robert StOtt, Jack Straw, Stan Thorne, McWilliam, Alfred Morris, Mart Alfred Morris, Martin O'Neill, Bill. Information would be withheld if: What's In My File,' price £. Shelter, Volunteer Centre UK. Michael Welsh. see foot ofprevic see foot ofprevious column • it deals with the private affairs of p&p. Four case studies by ~s by Maurice Frankel Howaccess ts to personal files actually ~y works

Child abuse But what if the suspic Social work records Some authorities with access tenuous and wholly uncor policies draw the line at informa­ Gwen Swire is adamant t tion about suspected child abuse. here social workers cann Oldham opens itsfiles s They argue that they cannot avoid the issue by not revealingtl recording suspicions, rather than cerns. "Say you came in proven facts, and that to disclose fuel debt and I was worri '~s a social worker I could never 1984, was one of the first social Information may be wination may be withheld ­ them at an early stage to the parent about how you were handl understand how you could im­ services departments formally to or more likely deferred' likely deferred - if it is would cause great offence and kid - I've observed sam, agine you could have information ta ke this step. The policy is ex­ thought access would be access would be harmful disruption.One consequence of reactions and some br about a client that the client wasn~ plained to clients in posters, to the individual. Howindividual, However, the this approach is that parents who would frame the interview supposed to have. Itjust made my leaflets and by social workers presumption in favour option in favour of access is may be wrongly suspected may on from fuel debt to tal mind boggle': directly. Informati on recorded strong. A senior officer w\ senior officer would have have no chance to answer allega­ how thi ngs are in the far That was one reason why Gwen after July 1984 is now open to tions until irreversible formal ac­ stresses you're under. Per Swire, Oldham's Senior Assistant clients. Where files had existed tion has been taken. say: 'he's a miserable lit Director of Social Services, was befo re that date, basic documen­ "Ten years previousl years previously this Gwen Swire sees this tendency to There's a million and one keen to introduce a policy of ope n tation has been transferred onto a family had been accuy had been accused of conceal suspicions as dangerously opening up the thing, anc social work records. new open file - though earlier child abuse. There hal abuse. There had been misplaced. "If you have the ing to the client 'now, I'll Another was her appreciation of material would be revealed only a thorough investigatrough investigation, a slightest suspicion that a child is at home in a couple of e the poor quality of some social with the agreement of the social case conference, and ttonference, and the out­ being abused you have an absolute " Ifyou then stated in th work recording. "Social work worker responsible for it. come was agreement tl was agreement that the responsibility to investigate further. 'I think little Jimmy is bei records are the most terrible mish­ Where information is received child had not been abuhad not been abused by I don't think open access is the ed by his mum', then you'c mash of unsubstantiated fact , from outside agencies, doctors or his parents. But everarents. But every time problem. You've got to say to the what you got. I reckon th: opinion, hal f-baked thoug hts and other family members, who are not that family came to u!'amily came to us again client: 'this is what I believe, almost be libel. But if hypotheses all muddled together". prepared to have it revealed to the the new record set offew record set off: 'This because these are the facts I've write up the record at that Central to Oldh am's policy of client, this is kept in a separate family in which thery in which there was received from various people. My would say you have some providing access to social work confidential section within the file. child abuse'. If I was oabuse'. If I was a client summing up of all that factual in­ about the child, he had records is, therefore, a mo re But factual information about the I wouldn't want peouldn't want peopl e to formation is that your child has and you talked to his mu disciplined approach to recording. person's life - as opposed to pro­ write records like that records like that about been abused. I have no evidence this. Obviously if she Staff are urged to describe clients' fessional assessments or diagnoses me." that you in particular did it, but record she would become' observed behaviour, rather than - will go on the open file even if Gwen Gwen Swire someone has done it and you're ious, of course she waul their supposed personality traits ­ it comes from outside sources. not helping me to understand bet­ you think I'm mistreatir and to rigorously separate thei r Children too have access to in­ ter who it was'. Child abuse is the And you would have to sa observations from their opinions formation about themselves. And one area where you can't work I'm not happy with hirr and assessments, with the latter a child who has been in care for to agree before inforrne before information was unless you state quite clearly why miserable little kid'. A clearly labelled as such. more than 12 months should, withheld, and the refusl, and the refusal would you're in there, why you don't would have to take if fro In Oldham, social workers ­ under Oldham's policy, receive a normally be reviewed aty be reviewed at monthly agree with what the parents are But this is what good like their clients - have a right to copy of the entire 'open' file on intervals. The client cous. The client could appeal. saying, why you're staying there, should be about'. see the information held on them leaving care. against the decision. the decision. what you're going to do about it". by the department. But whereas 'c------­ staff see their personnel records on ly if they ask for them, and School records usually ask for the m only if a about the child that may I grievance arises - access to social peared in the weekly news! work records is on a different school sends to parents. ". basis. Social workers are encourag­ ILEA's policy in :yin action is to provide a more balan ed to treat the sharing of informa­ round picture than the tra tion - including written informa­ "Most of them come to see you the tutor regularly as tlr regularly as the group of the entries: " Something from a exam-based assessment. tion - as an integral part of the about a matter. It might be they progresses through the" through the school. ' teacher complaining about this social work process. Clients should are concerned that the child isn't They discuss matters of 'cuss matters of common girl: 'Shouts acros s rOOID, no work, Pupil assessments know what is being recorded as it making sufficiently good progress. interest such as curricisuch as curriculum or needs continued reprimand'. That Central to this is a new happens: this helps them unders­ They might have a complaint to homework, and providerk, and provide mutual goes in. A note from another girl pupil assessment, reeer tand what the social worker is try­ make about a teacher. They might support. This approa This approach was admitting she hit someone. That troduced at the school. Un ing to achieve, and helps clarify the say 'J don't think she gets suffi­ recommended in a receended in a recent ILEA goes in the file to show we're not ventional school reports t matters that need to be dealt with. cient homework: There are a report on involving paren involving parents with having bullying. Here's a note from in three parts. The first I Gwen Swire does not want to see hundred-and-one things. And then schools. And at Hag And at Haggerston, the head of year about a girl who's the teachers' comments. social workers restricting acces s on you'd have the file there ant!you 'd parents also provide mualso provide mutual sup­ very talented musically, she per­ cond are the pupils' 0\ the grounds that their assessments say 'Wel~ look, let's see how she's port. And parents also cod parents also contribute formed and sang at assembly. assessments, highlightin or conclusions are still only ten­ getting on:" directly to the written assto the written assessments There's a note from mum. they see as their streng tative. She encourages a more All school records at Haggerston on their children. children. Something about what the girl weaknesses. The third par' honest approach in which social School, a girls' comprehensive in wants to be, that goes in her file. pleted by the parents, whr workers reveal their thinking - if London's east end, are open to What's in the file? in the file? And there's the Education Welfare couraged to identify any r necessary acknowledging their parents, as are records in all Inner The file itself is seen asle itself is seen as a way of Officer going round, that report they may want to draw uncertainty at the same time. "It London Education Authority putting the child's histothe child's history at the goes in". school's attention. allows the client to say 'Well, you schoo ls. school into context. It Into context. It also pro­ For many parents this I might think that, but that's wrong Pa rents rarely come in vides chapter and verse oapter and verse on specific in common with the and I'll tell you why its wrong'. Or specifically to see them: but they incidents - particularly s - particularly disciplin­ The only information the school remembered from their 0\ 'Yes, mayb e you're right,I hadn't are frequently seen and discusse d ary problems - where thlerns - where the parents keeps which is not available to "We were talking about it t thought of that before'. Its spurr­ when the parents meet staff. The would always be asked tdways be asked to come in parents are medical reports, which day" Mrs Metcalf recalls ing on the work". school goes out of its way to en­ to the scho ol. chool. are held by the school doctor and many of us, under Writte She ackno wledges that this courage parents to come and not available to staff either. Suspi­ got 'fair' on our report? . The parents can see barents can see the notes dema nds self-confidence and pro ­ discuss any problems - a step cions of non-accidental injuries, word. What did it actuall fessionalism from staff. "When ma ny will not easily take, accord­ forwarded by the primared by the primary school; however, would not be on open I'll te ll you. They c you' re inexperienced its a very dif­ ing to Mrs Mary Metcalf, the head results of standard langef standard language and file. Other types of sensitive infor­ remember you". ficult thing to do. But as you get teac her. ''A lot of parents find numeracy tests; attcy tests; attendance mation - father in prison, or In the pupil's final ye maybe 4 or 5 years experience you schools frightening" she says. records; teachers' notes c teachers' notes complain­ other family problems - would assessments concentrate ex begin to realise that you're very "We're 100 per cent working class ing of misbehaviour onnisbehaviour or praising not be recorded at all. The school on positive aspects of perf, limited in what you can give to here. If you went to a middle class particular achievemenlar achievements. Cor­ believes that formally recording so they can be shown to er clients. Your ability to change their school you'd find a totally dif­ respondence and ndence and no tes o f such matters can do more harm as a 'record of achiever lives is extremely limited. You re­ ferent atmosphere, with parents te lephone conversaticne conversations and than good. If necessary the head development which the quire experience before you can say wanting to come in a lot, a lot of meeti ngs can also be sees can also be seen on the of year would know of the pro­ ment of Education is 'There's not very much I can do, intervening". file. Towards the end of tzards the end of the pupil's blem , but it would not appear on further. so I've got to be honest with peo­ , Access to records is just one of school career the parentareer the parents will be any file. However, assessments ple" the ways the school tries to help able to see copies of referee copies of references the Teachers are specifically en­ years are only for pare parents be directly involved. In a school has sent to prhas sent to prospective couraged to send in a note about pupil and the school, ane The policy recent innovation , parents of employers or colleges. .rs or colleges. particular achievements. Examples ed to bring the three tog Oldham, whose policy on open pu pils in which tutor groups form Mrs Metcalf dips inMetcalf dips into several of good work may also be put on discuss how to overcom records came into force in July an association which meets with files on her desk and re her desk and reads some file, along with copies of any entry nesses. Housingrecords Medicalledical records Access in Haringey A So,South London practice

"I've been approved for housing for some time. Why haven't I got "Patients have rdents have reacted had an abortion; in fact she open records might , rehoused? Why have I been coming along all this time? I've been told positively to seeingively to seeing their had refused it. "Dates of patients by revealing u something will happen and it hasn't!' medical records • . • Pealrecords • . • Patients birth are the commonest er­ firmed possible diagr This is the situation where, according to Diana Minns, chair of hous­ confirmed over and ovrmed over and over that rors" says Dr Brian Fisher, Patients who want to ing at the London Borough of Haringey, a frustrated housing appli­ having accessto their rg accessto their records one of the practice's two learning about such im cant will often ask to see his or her file, perhaps believing that something broke down barriersbedown barriersbetween GPs. "Lots of information tions can of course on it will explain why their progress has been blocked. doctors and pators and patients, about siblings going on the clear of the possibili Housing officers will often encourage them to look at the file if they enhanced their confidaced their confidence in wrong one's file. Sometimes simply by not opening have such suspicions. "It's important for them to realise that all those doctors, and was reassrs, and was reassuring, the doctor has written 'the folder. imaginary things that might have been on it don't exist" she says. "And interesting, helpfuesting, helpful and patient agreed to do so and Dr Fisher believes it helps people to realise that you're not telling lies when you say things informative": mative": so' but the patient will see it most patients want to t can't happen. It helps put the housing crisis into context when you ac­ This is the conclusioiis the conclusion of a quite differently. They often to discuss such concei tually realise that everything is being done, all the right hurdles are be­ recent report in the It report in the British say 'There's lots missing here. and that open records: ing leapt over, and still there aren't the resources". Medical Journal (leal Journal (1.3.86, this much easier. "One Another benefit is on the quality of the records themselves. Herself 596-8) by doctors and s)by doctors and staff at things this does is dis' ,a former housing officer in the borough, Diana Minns believes that the a general practice in ieral practice in south- you to be as truthi standard of record keeping is in any case high. But knowing that the east London. London. possible; it actually stoj records can be seen is an added spur: "It means that people are putting The practice beg e practice began to "One of the fears some lying. And on the whr things down in a manner that is readable, and understandable, and not show patients their rec.patients their records in doctors bave is that people pressing the worry ­ prejudicial. There's that kind of discipline that is imposed". autumn 1983. A sign nn 1983. A sign in the will read tbeir notes and there are a numb, Although a number of authorities have begun to open their records waiting room tells png room tells patients jump out of tbe window and possibilities here of in the last year or two, Haringey's housing department - which open­ they can read their notan read their notes and kill themselves because one is serious' - is ver ed files to tenants and applicants in 1979 - was one of the earliest those of their children of their children under they're so terrified. Its ab­ ly a problem. Becau; pioneers. 14. And this is also exnd this is also explain­ solutely the opposite of wbat tually its the patient Its policy is advertised on posters in housing offices and advice ed to new patients whenew patients when they happens, In reality its terrified already. Tl bureaux, and in a leaflet received by all tenants. Since 1979, the depart­ first attend. Many reaattend. Many react with tremendously reassuring to come in assuming be ment has had some 400 requests for access, involving about 1,000 dif­ obvious pleasure, saysius pleasure, says recep­ the vast majority of people. they're coughing up ferent files. tionist Anne Hillier: it Anne Hillier: "Some , Even if tbey have bad news, spit, its cancer. Its a re The requests all go to Alan Worsfold, the council's internal om­ say 'Oh isn't that goooh isn't that good' or 'I of a serious diagnosis, tbey ing process in the vas budsman. Working out of the Chief Executive's office, his job is to help heard that you do thd that you do that here still find it reassuring to jority of cases tod members of the public and the council's tenants and clients resolve any - that's why I charnat's why I changed to know tbat they will have serious possibilities op problems they have with the authority. this doctor. loctor. nothing kept from them. The one situation in After the files requested are located - and there may be several, at Patients are handecients are handed their And if they don't want to he accepts there may various locations - they are sent to him. He then arranges an appoint­ notes when they arri- when they arrive and know they don't have to look problem is with the ment with the applicant, either at his office, a local housing office or invited to raise any quid to raise any questions in tbe notes. Its up to them!' symptoms - such as - if the person is unable to come to see them - at his or her own home. about their contents t their contents either Dr Brian Fisher sient tingling - which In most cases he has no idea of why the file has been requested ­ with the receptionist cthe receptionist or doc­ turn out, many years I, and makes a point of not asking: "It's none of our business, they have tor. In practice theIn practice the most be the first signs of rm that right:' He's also aware that the question might provoke suspicion. common request is fmon request is for help sclerosis, or which coul "We don't say 'What's your problem?' because that might leave a doubt in understanding abhderstanding abbrevia­ Third parties out to be nothing. B, in the mind of the client that we are going to doctor the file. Some peo ­ tions or the do; or the doctor's Is anything withheld? there may be no w ple are very suspicious". handwriting. writing. When a new patient is taken reaching a diagnosis Ul on, the records transferred condition, if it is there, Reasons for requests Patients reactions nts reactions from the previous practice ly manifests itself, Dr People tend to ask for their files for several reasons. They may want The BMJ paper conta3MJ paper contains the are examined and any per­ says he might delibt to discover if there's some special reason why their application for hous­ results of a survey cs of a survey carried sonal information about avoid listing 'MS?' ing is not making faster progress; they may want to check whether an out during one week iruring one week in 1984, other family members possibility on the note assessment about them is reasonable; or they may be looking up details when 95 patients wh 95 patients who had removed. Case conference just record the sympt of their tenancy before applying for a transfer or to buy their own council read their notes comptheir notes completed a minutes would also be ex­ But he might delibi home. Sometimes they may want the file to see what progress has been questionnaire asking .ionnaire asking about tracted. In each case a note ask the patient what made in dealing with a complaint of theirs; or it may be to find out their experience.' experience. The explaining why something she thought ntight be' more about a complaint against them. (If a neighbour had complained responses were overwnses were overwhelm­ has been removed is entered to give them the 01'1" they would be given details of the complaint - but not the identity ingly positive: 99% re positive: 99% reported on the file. Unpleasant of expressing any am of the complainant.) If they find something on the file they disagree that access had hell access had helped to judgemental remarks by a "That's quite imports with they have the right to have a statement expressing their own view break down barriers be down barriers between previous doctor may also be they're volunteering M added. doctors and patientsrrs and patients; 89'70 removed if they would be I would discuss if fr Alan Wars fold recalls some of the cases which illustrate the uses to ' said they obtainee they obtained new likely to be hurtful. But in the vast majoi which the right of access has been put. medical informationcal information from But it would be extremely cases I do record pr "We have a policy whereby you can be made so many offers ofhous­ the records; 83% thecords; 83% that the rare for anything about the diagnoses and I discus: ing, and if you refuse the 2nd or the 3rd, depending on your cir­ records helped them uds helped them unders­ patient's current treatment or with the patient". cumstances, that's it - we've done our bit as a housing authority. But tand how doctors thinlhow doctors think; 81% condition to be withheld. Major psychiatric ofcourse people are very angry ifthey feel they've been made a rotten that they had more they had more con­ Letters from the doctors to could also sometimes I offer. There wasa case when the housing client went to inspect the house fidence in their doctcce in their doctor as a hospitals and consultants are a problem. "Occasit to see whether it was suitable, walked through the door, and the floor result; and 77% that t; and 77% that seeing stamped "In this practice pa­ paranoid schizophren gave way. They went through the floorboards! They came in to see the their records made therecords made them feel tients have access to their tients would have a tl file to make sure it hadn't been listed as a second reasonable offer." that the doctor undethe doctor understood records". If information with time reading their "In another case an elderly couple had been rehousedfrom the private them. alarming implications came They would despise sector, where the landlord had been pretty hard on them. They had lost Four patients sairur patients said they back - a chest X-ray with a they see and be very a lot of their belongings. So the council decided to make an ex gratia hadn't looked at their't looked at their notes shadow on it, for example ­ And it would do therr payment of£100. And they went through the file, and that's how they because they were frigise they were frightened the doctors and reception harm", says Dr Fish learnt about it - they'd never been informed of the decision! It was of what they might/hat they might read. staff (who often know many such a case the notes about two years earlier and they'd never had it. Someone in housing Eight of those wht of those who had of the patients well) would be withheld. "On the had overlooked it. They got the £100 plus interest." looked said they haed said they had been discuss how to handle it at hand there have been upset by something st by something specific their weekly meeting, more psychiatrically "There was one example ofan elderly couple who had complained in them. Yet like the rem. Yet like the majori­ perhaps also seeking the con­ tients who have seer about the noise made by the children ofyounger tenants. Ball games ty of patients they too patients they too found sultant's opinion. A likely notes and have foi and all that. They came in to see if their letters of complaint were in record sharing in rd sharing in general outcome would be for the in­ good. We can use it fact being seriously dealt with. They asked to see their file, it went back reassuring and helpfiuring and helpful. formation to be kept off the basis for therapy". to 1937. And they got down to about 1946 - and there were letters on file until the doctor has had Dr Fisher str their file complaining about their own children. They went rather pink. a chance to go over it with however, that open ac They had been going on about how dreadful these young parents are, the patient at the next visit. very much the norm. can't control their children, whereastheir children in the 1940shad been Errors rs Afterwards it would be last year none of the the source ofcomplaints. I think it taught them a lesson - that young Twelveper cent of pelve per cent of patients available in full. rice's 3,700 patient families have children who play ball gqmes". . reported that their ned that their records denied access to his Haringey's policy allows information to be withheld in two cir­ contained mistakesained mistakes. One Uncertain diagnoses complete file. cumstances: if it would causeharm or distress to a third party or if it woman's notes said san's notes said she had Some doctors fear that "Sharing records is would reveal information given in confidence by a doctor, social worker procedure when carri or other professional. In the latter case, Alan Worsfold would try and with simple precautior obtain the consent of the person involved for it to be released, rather vises on whether a houn whether a housing application deserves special consideration team's paper in the than automatically assume it should be withheld. And, he adds, he would on medical grounds. A1ical grounds. At the AMO's insistence, his reports have never concluded. "The p very often get it. been disclosed. isclosed. enhances trust, C~ , For example, at the time the housing department opened its records, If a document is remdocument is removed from the file the client is always told why. educational, and res Haringey's social services department had no equivalent policy (one is "They seem to accept it seem to accept it when I tell them 'Look, your GP was reluctant and informs. It gives I' now being introduced). But instead of refusing to allow access to a social to allow me to show yo;; me to show you his letter, but he would like me to assure you an extra degree of con work report on a housing file, social workers would sometimes agree that he did write'. And 1did write'. And they always accept that. But they get very angry the consultation and to it being shown provided they could be present at the time, to discuss if a bureaucrat keeps s.reaucrat keeps something secret". helpful in eliminatir the implications with the client. Alan Worsfold sees 11 Worsfold sees the access policy as a valuable discipline for of­ ministrative errors. ] Councillors who may have taken up a tenant's case have also been ficials. It can be of spec It can be of specific benefit to tenants, but is often most helpful discourages biassed nc helpful. "I haven't come across a case involving a councillor who has as a way of defusing suy of defusing suspicion about what may be, but actually isn't, ing. It puts premiu said 'No, I wouldn't want you to show that letter' " says Alan Worsfold. on the file. "You know file. "You know what boring things files can be" he says. "They clarity, is ethically , One exception, however, has been the Area Medical Officer, who ad - look at it and they wot it and they wonder what all the fuss was about". and encourages hone

II In July, the four main civil service unions - The mons - The Association of First Division Civil Ser­ vants, The Institution of Professional Civil Servants,Civil Servants, The Civil and Public Servants Associa­ tion, and the Society of Civil and Public ServanPublic Servants - sponsored with the Council for Freedom of Information a seminar on the practkon the practicalities and political timetable for the introduction of FOI. The reports on this page are of contributions mntributlons made at that seminar. Wass says Campalg£lIgn•• 'Jamess 'Bill aboutCornford eeees BiII 'wiII work' and protection' The Freedom of Information Bill it contained any exempt material. If it • The vast majority 01e vast majority of files will promoted by the Campaign can be did not, it would release it to the FOI not be consulted by the' consulted by the public. It put into operation without ex­ officer who would inform the appli­ would be an unnecessary .. be an unnecessary expense to Introducing the Campaign for members of the public wit cant of the cost of copying the file. If have to vet every documo vet every document at the Freedom of Information's draft requirement to state a re cessive cost or difficulty, the time of its creation fcof its creation for exempt former joint head of the Civil Ser­ the applicant at thIspoint decided that Bill, James Cornford, chairman requiring the access. "Th he wanted copies of only certain possibilities. particularbilities, particularly if some of the Council for Freedom of In­ shifted from the citizen ~ vice, Sir Douglas Wass, told the papers on the filehe might haveto be claims for exemption res for exemption required the seminar sponsored by the Civil formation, emphasized that it was show cause for wanting i given help in identifying the papers he endorsement of higher sement of higher authority both about access and protection tion to the government fOJ Service Unions. wanted. But this would simply be to (sometimes Ministers). times Ministers). "There will be some costs, but relieve him of the cost of copying un­ The preferred course thereferred course therefore is for of information. to withhold it." they will not be excessive in com­ wanted papers. exemption to be claimed on to be claimed only at the He acknowledged that where The right of access WOl parison with other aspects of our Howto dealwithapplications for files time of an application to sen application to see the rele- there were disputes over whether all documents held democratic process, for instance which contain exempt material? . vant document. ument. information should be released authorities save for do Ifthe division, notified of a request for How would appeals against lid appeals against claims for under the Act, their resolution containing "exempt infor answers to parliamentary ques­ exemption he handled? n he handled? tions:' he said. one of its files, finds that it contains would take time. The appeal pro ­ Exemptions would cov exempt material, it would pass the file This procedure would reveal:edurewould reveal to the ap­ cedure would be administered by mation that would enda: In fact freedom of information to the FOI officer with the exempt plicant cases where materiaises where material had been could lead to greater efficiency. an Information Commissioner, tional security, assist in t material clearly marked. The FOI of­ withheld from him. He WOlfrom him. He would be en­ who would also assist Whitehall to mission of crime or imped Sir Douglas said that depart­ ficer would extract the exempt material titled, if he thought that'he thought that exemption mental filing in Whitehall had marked and hand it to the applicant, had wrongly been claimed.igly been claimed, to appeal implement the act positively, and forcement, create an unfai fallen into "a poor state of repair. the latter having indicated a willingness to the Information Commisorrnation Commissioner for conduct an audit of departmental tage to competitors of tl It is a shambles". Revision of the to bear the cost of copying . a ruling as to whether the as to whether the claim was performance. concerned, or constitute 31 filing system in order to make it ,,,,,,,,,=, .. ,~ »,,,, , ..-.. >"" justified. The Commissior The Commissioner would He also acknowledged that there ranted invasion of an ind compatible with freedom of infor­ have access to the full file ass to the full file and would would be a "large no-man's­ privacy. give hisruling (which would \ling(which would be binding land" between information the act Under the provisions 01 mation would be beneficial and on the department, subject coartment, subject only to one would be an additional benefit of was intended to make public and the range of information p further appeal to a special ppeal to a specialTribunal). that which it was intended to pro­ by criminal actions would the accountability process. The existence of the appe:ence of the appellate pro­ Sir Douglas, who chaired a cedure would be the sar/ould be the sanction on tect and there would have to be a much smaller than it is I working party of former senior departments against arbitrants against arbitrary or un­ trial and error period. the information which is , civil servants on practical aspects justified claims for exemj claims for exemption. So He shared the view that the as a matter of course " of freedom of information, outlin­ claims for exemption would ~ exemption would have to be public record system was "in disar­ very much larger. "The ed at length how freedom ofinfor­ carefully considered by depconsidered by departmental ray" and that one of the benefits ground of exempted info divisions. In general exempt: In general exemption would of freedom of information would will be large and will be tl matiorr would operate. be determinable at divisicninable at divisional level. He proposed that there would be be the creation of a more efficient in which both the appetil There wouldbe usually littlnild be usually little need for system. public and the attitude of a series of departmental FOI of­ a ruling to be obtained free be obtained from higher fices, manned with staff with the authority, since the grounds t since the grounds for exemp­ He explained that the Campaign ments will be tested. FOI necessary facilities. The public tion are fairly clearly specifairly clearly specified. But a for Freedom of Information's draft tion will be as effective as I would apply to see papers or col­ division which expected a cJvhichexpected a claim to be bill, introduced into the House of of the public choose to I lect a computer print out in per­ politically sensitive would { sensitive would no doubt Commons under the lO-minute Governments will natm son or by post. Personal files take the matter to the highnatter to the highest level. rule procedure by David Steel, cautious and possibly obs would, wherever possible, be made Sir Douglas was preouglas was pressed on leader of the Liberal Party, was a Nothing less than a s available at local offices. whether freedom of infc freedom of information revised version of a number of obligation to give access Applicants would have to be officers would be encouwould be encouraged to earlier bills, including those in­ experience of having to fairly specific about what they draw the attention of me, attention of members of troduced by Clement Freud, MP, likely to change governms wanted. There could be an FOI of­ the public to papers theyic to papers they may not and Frank Hooley, MP. titudes or cause the nl ficer to elicit from the applicant ex­ have requested, or knovuested, or know about, Its cardinal principle was a right reforms in departmental ~ actly what information was need­ but clearly were relevant tdy were relevant to their in­ of access established for all which will make it possit ed, or, alternatively, a sophisticated quiry. Most of those at thost of those at the seminar system of catalogues of papers seemed to feel that this WIO feel that this was an ap­ with the public having unrestricted Sir Douglas \\\Iss propriate role for an Fa, role for an FO! officer access to the catalogues, and thus to play, although Sir although Sir Douglas How would exempt material be warned that it would be ahat it would be a difficult FDA's reservatio being able to identify the file specified? number of the paper required. There are two options here. Either ex-. one. "An FOI officer wn FOI officer would not Sir Douglas preferred the second emption would be specified as want to open himself or lnpen himself or herself up route, although it would be more documents were created, eg by the to the allegation that tlllegation that they were on policy advicf: costly and would take some years marking of the paper, or parts of it, deliberately drawing the rely drawing the attention to realize. It had the advantage of in some distinctive way; or exemption of the public to informaublic to information that would be claimed only at the time an their Minister would on thister would on the whole Alan Healey, Chairman of the concentrate on personaliti improving governmental filing application to see the file in which the First Division Association of Civil than on issues" generally. prefer not published" Thet published" The civil ser­ paper was kept was made. There are vant could be open to alild be open to allegations Servants, combined a positive call Alan Healey said that i Sir Douglas then proposed how many advantages in the second choice for freedom of information legisla­ that for political reasons bolitical reasons he or she course, possible to argue freedom of information could tion with support for the principle work: • The legitimacy of a claim for ex­ wanted to undermine the 0 undermine the Minister. exemption of policy advk It was an area that wo an area that would need that policy advice given by civil enable civil servants to , 'How to meet the request? emption may change over time. A servants to Ministers should re­ The FOI officer would first inform the document may be exempt when it some consideration. At tnsideration. At the same the freedom of informatic departmental division of the request. is written, but may cease to be so time he accepted that accepted that the FO I main confidential. ingeniously drafting docu The division would be responsible for later on - eg after a policy deci­ officer should be as hshould be as helpful as "We are seeking to improve the order to weave policy ad' quality of public debate by mak­ examining the file to establish whether sion has been announced. possible. a memorandum containi: ing people better informed about ground factual inforrnatic the issues. This should in turn im­ the Act says should be p prove the quality of decision­ in such a way as to rec making and make Government whole document to be w Politicians repeat promisomises more accountable. For this pur­ pose the public need to know what He said that past experii Senior spokesmen for the two This triggered off a considerable said Labour was anxious lour was anxious to act on is under consideration, when deci­ already demonstrated tha main opposition parties, the debate between those at the Section Tho. Neverth Tho. Nevertheless he sions are likely so that they can information could be ( Labour Party and the Liberal-SDP seminar and Mr Kaufman about would take on board tlake on board the points make representations before it is tiated from policy advice, Alliance, underlined the promises whether it was wise to repeal Sec­ made. too late, and all the factual there would need to of their parties to introduce tion Two without immediately Sir Ian Gilmour, a Com Gilmour, a Conservative background information relevant rangements for investiga freedom of information legislation replacing it with FOI legislation. bnt not representing the representing the Conser­ to the decision in question. They complaint and appeals tc if they come to power after the It was pointed out to him that vative Party, said that theirty, said that there was no do not need to be able to watch the that the Act operated eff next general election. Section Two would have to be point in pretending that pretending that the Con­ protagonists in a policy decision He concluded that "in tl Shirly Williams, on behalf of replaced by some measures, and servatives would act bes would act before the conducting their deliberations as if view,the changing climate the Alliance, said that it would be unless they were FOI measures, general election. election. in a goldfish bowl:' Act would bring would bl "one of the highest priorities in our they were likely to be other restric­ "But the Prime M the Prime Minister's Alan Healey said that the public important as the access i manifesto". Gerald Kaufman, live measures. arguments are the lasts are the last resort needed to know the substance of give to particular pieces, Shadow Home Secretary, said that The FOI legislation would then arguments. They won't ,ts. They won't prevail. I what was being considered rather mati on. It is the turniru one of the first steps Labour would only need to be delayed for the op­ believe there will be a mihere will be a much more than who was arguing in which head of the convention b take in office would be to repeal posite result from what he had sympathetic response to enc response to the con­ particular direction. "If policy ad­ by the Official Secrets Act Section Tho. This would be follow­ intended. cept of freedom of inf. freedom of information vice given by individuals were to be formation is confidentia ed later by the introduction of Mr Kaufman expressed con­ from the Conservative P, Conservative Party at a released, there could be a lower specifically released that w freedom of information cern about the time it would take later dale." te." quality debate and inferior deci­ sent the single biggest s legislation. to introduce FOI legislation, and sions. The tendency could be to ward:' . I I

Here are the ingredients of a packet of felt it might be harmful Six Deep Jam Tarts, raspberry and evidence did they have for ap ricot flavour : wheatflour, sugar, this? The answer is none. glucose syrup, animal and vegetable shred of scientific data was fats, apples, gelling agent (pectin), ward to support their view. 1\ apricots, raspberries, blackcurrants, What we ae are'not been supported with evid salt, citric acid, acidity regulator answers to Parliamentary que; (E331), flavours, colours (E102, EllO, the subject. To this day the EI22, EI23, EI24, EI32) . Panel on Child Nutrition How many additives are there in justified a statement of officia these sticky snacks? There are six col­ told aboubut ment policy, which even nov. ours, and one acidity regulator. Total ing health visitors through number: seven. Right? Wrong. The ac­ country to encourage young tual number used may be six times six. to continue eating saturated fa For all those flavours are likely to in­ quantities. The DHSS's OWl clude an array of different substances, the food vtI we eat saying that the statement was of which the manufacturer is not oblig­ nutritional value? What is the sum about a particular food, aiparticular food, an additive, ten, supressed, withdrawn, or ignored. to support was to set up ed to give you details. Nor is the total of different nutrients supplied by or even the general heal the general health of the Government policy is also determined COMA subcommittee to exa manufacturer obliged to tell you about this concoction of twenty-plus ingre­ population, their concluon, their conclusions are by what is not discussed by official ad­ fant feeding, announced in tv the additives already in some of the in­ dients? The manufacturer is not oblig­ carefully picked over beforepicked over before and after . visory committees. Thus over the last We know, too, that the rn: gredients before they reach the mixing ed to tell you that either, so you have publication by civil servan.on by civil servants in a far three years, MP's, consumer groups, of recommendations made by vat. Flour, for example, can legally no way of knowing which of several more influential ministry, tliuential ministry, the Ministry and representatives of the medical pro­ committees have also contain a handful of other additives, varieties of jam tart contain most fruit, of Agriculture, Fisheries aulture, Fisheries and Food. fession have repeatedly called on the manipulated. For example, c none of which need to be declared in least sugar, and least saturated fat, Their offices contain tloffices contain the control Minister of Health to ask the COMA tial minutes and bacl non-bread bakery goods (and some which the medical profession advise us rooms of food policy iruf food policy in the UK. committee to review the subject of documents to the 1981 COM don't have to be declared in bread to think about for the good of our MAFF is primarily respons primarily responsible to the sugars and health, and to make recom­ and Flour report show that, either) . health. needs of farmers and the forfarmers and the food process­ mendations about national sugars con­ the report made it cle 'Processing aids', additives used dur­ To cap it all, one other piece of in­ ing industry, the UK's largstry, the UK's largest overall sumption. For without a COMA wholemeal bread is altogeth ing manufacture to smooth the passage formation is also missing: the date of employer. With the except. With the exception of its report on sugars, MAFF refuses to tionally superior to white of ingredients through machinery, also manufacture. You know the tarts aren't duty to keep food clean tckeep food clean to minimise tackle the high levelofsugar consump­ However, this key emphasis Wi do not have to be declared, on the immortal, because the SELL BY date the risks of food poisoning of food poisoning, MAFF's tion in the UK, 21b per head per week, ed and the first and foremos assumption that they are present in in­ is September 13, but how old are they? efforts on behalf of the com behalf of the consumer are considered by the Royal College of mendation in the report as p consequential amounts in the final The legislation does not require the given very low priority. Ney low priority. Nevertheless, Physicians an the British Medical' is: "The consumption of product. But chemicals used to grease manufacturer to say. MAFF actually has a mactually has a much larger Association to be twice the amount whether it be white, br the baking tray, or to release the pro­ What about the safety of all the in­ nutrition division than the r division than the DHSS, with that is good for our health. wholemeal, should be promot duct from other machinery, are bound gredients used? That, too, is a secret. a much larger budget. And larger budget. And its advisory It has taken three years for the member of the committee, I to leave traces on the food. You, To understand why the contents of a committee is also mttee is also much more Minister of Health to bow to this Jerry Morris, protested, bu however, have no right to know their jam tart are so heavily protected from pressure. Finally in June 1986, strength of this recommends identity. So the total number of ad­ public scrutiny, let us take a trip members of main COMA were told bread industry continued to ditives remains a mystery. around the Whitehall committee that a COMA subcommittee would be white bread to the public, qu. What about the actual quantities of rooms where decisions about food and set up to look at sugars and health. Up statement in advertisments. It ingredients used? That, too, is a Trade public health are made. to then the sugar industry had evident­ after the publication of the Secret. The only clue is that ingredients First stop, the Department of Health ly perusaded DHSS that an average Advisory Committee on r are listed in descending order of .and Social Security. The Nutrition consumption of l00lbs ofsugars a year continued on t amount. How about the jam tart's Division at DHSS, working within a is harmless. Government advisory paltry budget, is ostensibly responsi­ committees are instruments of policy. ble for overseeing the nutritional they are not accountable to MP's. health of the nation, and for making How are the agendas of these com­ Oovt actiol Its all in the recommendations about future food mittees set? This is the job of civil ser­ policy. The Chief Scientist at DHSS, vants, presumably with the chairman, Sir Donald Acheson, is advised by the who in the case of COMA is also a on additiVE hormones ... Committee on Medical Aspects of civil servant. In addition to servicing The government is proposing There's one form of drug abuse the Food Policy (COMA), of which he is these committees by providing infor­ the results of safety tests on I government isn't cracking down on ­ chairman. COMA is a permanent mation and drafts, civil servants can, additives available to the pub the use of hormones and antibiotics to committee which meets twice a year. and frequently do, exert a dispropor­ cent consultation paper sugg put extra meat on cattle. Farmers use Membership is drawn from the scien­ tionate influence on the workings of manufacturers may in futun botb types of drug to boost growth. tific community (10seats), and also in­ all food and nutrition advisory ed to provide two copies of tl But the government has cut off fun­ dicates representatives of the DHSS, A speci~ Special committees. on additive safety. One will I ding for new residue detection MAFF, the Medical Research Council, Who decides which papers are sub­ Food Advisory Committee methods, and refuses to release the the Public Health Laboratory Service, Report Report mitted? Are they a fair representation other will be deposited at th residue monitoring data it collects. and the Chief Medical Officers of of the scientific literature published Library's Lending Division a There aree two potential dangers Scotland and Wales. by by world-wide? We do not know. It is an available to requesters "at from these drugs. The first is that we Today's members of COMA sign the official secret. propriate cost". may consume them in our meat. The Official Secrets Act, as they have done caroline wmline walker Take the 1984 report of the COMA But in/ormation about the other is that excessive use of antibiotics since its inception in 1956. The agenda committee on Diet and Cardiovascular the great majority 0/ additive on the farm leads to the development and minutes of their meetings are not powerful. Disease. The panel was convened at the main secret. As with new J of drug resistant strains of human available for public scrutiny. The Food Advisory Cood Advisory Committee end of 1981, and met ten times. The disclosure moves, only inform disease-causing bacteria. In practice, COMA delegates much (pAC), formed in 1983out o1rmedin 1983out ofthe merg­ literature reviewed "over 600 publish­ future products will be Cattle, pigs, lamb and chickens are of its work to sub-committees, which ing of the Food Additives .e Food Additives and Con­ ed scientific papers" published prior available. tested for hormone and antibiotic are chaired by a member of main taminants Committee and s Committee and the Food to February 1984, and "over 40 work­ Close to 350 additives have residues by MAFF - but only 300 COMA, and include scientists not on Standards Committee (whirs Committee (which used to ing papers prepared by members of the received clearance. Apart frOi samples of each are taken each year. main COMA. Their work too is assess the need for statutory: need for statutory minimum Panel, and by experienced investigators mention in reports of the FA There are 22,000 pig farmers alone in covered by the OSA. The deliberations compositional standards forional standards for foods), is who were not members of the Panel". predecessors, little Informatir the UK - so the chances of detecting that led up to the 1984 COMA report responsible to the Chief Ssle to the Chief Scientist at The published report (32 pages total) their safety is publicly availabl any abuse by this monitoring are on Diet and Cardiovascular Disease, MAFF, Dr Robert CrosseDr Robert Crossett. Its 13 lists just 24 of tbe 600-plus scientific no more will be. ' minimal. and their reports on the nutritional members are doctors and are doctors and scientists, papers reviewed. To my knowledge, Even the information on Any abuse that is detected is not aspects of bread and flour, nutrition food industry scientists, fustry scientists, a home DHSS has never released a full list of ditives will not be disclesed revealed. MAFF refuses to public the of the elderly, infant foods and Asian economist, an employee oftt, an employee of the Con­ the 600 papers. Nor are the Hover 40" Only studies wbich the FA( results of these annual surveys. "Its an rickets are withheld from public sumers' Association, and Association, and a Trading working papers available for scrutiny. related committees specificall internal exercise which we do within scrutiny. Standards Officer. FAC mes Officer. FAC members are Independent medical researchers in in their published reports the Ministry" an official explains. But COMA is not the only DHSS ad­ subject to the OSA. Duties 0 the OSA. Duties of the FAC the UK, or well informed members of publicly available. Data whicl MAFF does publish other residue . visory committee dealing with nutri­ are wide-ranging, and incl-ranging, and include food the public, might like to know on what but don't refer to won't be rele surveys - for example of pesticides in tion. The Committee on Toxicity labelling, misleading des. misleading descriptions, basis the 1984 recommendations to formation regarded as "conn food. Which suggests tbat the hor­ (COT), together with its sub­ value for money, food stancmoney, food standards, new prevent heart attacks were based. sensitive" will also be withheh mone testing sometimes turns up find­ committees on Carcinogenicity and processing techiques and, mg techiques and, most impor­ Without the background papers, there says commercial considerati ings that the MInistry prefers to keep Mutagenicity (COC and COM), advise tant of all, advising govenll, advising government on can be no effective discussion. Lack of apply to details of manul quiet. on the safety, or toxicity of food in­ future food legislation. od legislation. information stifles debate. methods, but not to safety l One reason why so few meat gredients. Dr Erik Millstone, of the I have said that the interesaid that the interests of con­ Are the recommendations of ad­ In a recent book ("Food Al samples are tested is the relatively high Science Policy Research Unit, Univer­ sumers are given low priorre given low priority within visory committees always supported by Penguin, 1986) Erik Millsto cost of the tests. In his book "Gluttons sity of Sussex, has spent over ten years the decision-making prision-making process in scientific evidence? No, they are not. that "toxicology is a profou for Punishment" (penguin, 1986) examining the toxicity of good ad ­ Whitehall, which is where fol, which is where food legisla­ Again, COMA 1984 serves as an ex­ satisfactory science",which ra James Erlichman reveals that MAFF ditives, and the way in which they are tion is created. What evidereated. What evidence is there ample. The subcommittee examining clear cut reliable evidence of s had been funding work at the Institute regulated by these committees. He says for this statement, and hcstatement, and how is it af- diet and cardiovascular disease made the absence of a definitive for Research on Animal Diseases on "It is very hard to discover very much fected by secrecy? secrecy? its recommendations for the entire regulatory decisions are being the development of cheaper and more about any of these committees bee­ Official policy on food al policy on food and health population, children as well as adults. non-scientific grounds" he ss accurate tests, capable of revealing cause their activities are concealed is determined by the recomrrined by the recommendations But when the final report was referred in Britain these decisions a presently undetectable residue levelsin behind the Official Secrets Act". One of government advisory coiment advisory committees, back to main COMA, members of the made behind closed doors, al meat. In 1985 MAFF cut off its fund­ thing that is know is that membership insofar as their recommends their recommendations are COMA Panel on Child Nutrition in­ a cloak of official secrecy". ing for this project, and the work has is drawn from the medical profession, acceptable to the governmee to the government of the sisted that children under 5 years old In fact only about 10'10 of · now come to an end•. industrial employees, but no consumer day. They may also be delay, may also be delayed, rewrit- should not eat less fat, because they are the subject of decisions a1 And in 1981 the government organisations. great majority - for exan abolished the Joint Sub-Committee for Within the DHSS there is also the per cent of the pesticides lacked ade­ 3,500 or so flavourings - are Anti-Microbial Substances, which had COMA Panel on Novel Foods, which quate cancer testing data; 730/0 were ject to regulation, and not diSI been monitoring the spread of drug assess new developments in food pesticidesticides not properly tested for birth defects food labels. Even MAFF does resistance in bacteria. James technology, such as the production of and a similar number lacked proper which flavourings are used ill Erlichman points out that one reason food from fungi and bacteria, and the Most US safety standards fosafety standards for pesticide evidence on genetic damage. In 76% Only in 1985 did it attempt for the committee's abolition ws that advisability of bombarding your din­ residues in food are based n food are based on inade­ of cases information about the asking manufacturers to ide it had been pressing for a greater sense ner with radiation as a means of pro ­ quate data, according to a ta, according to a report in chemistry of the pesticide - eg its per­ flavourings they use. But th of urgency about the spread of longing shelf life. April 1986 by tbe US Generli'i by tbe US General Accoun­ sistence on sprayed fruit - was Inade­ will not become public: to el resistance, and seeking its laboratories Newcomers to the field of food and ting Office. But in Britaince. But in Britain no such quate for safety to be properly firms to provide the inf< so it could carry out independent health often assume that all nutritional evaluation has been done ~ has been done - and all assessed. MAFF promised tbat aUdetal chekcs on the problem. problems are, or should be, dealt with relevant safety data is withlafety data is withheld from Many of these pesticides are also kept confidential. Why these cutbacks? One reason by the DHSS. After all, good nutrition public scrutiny. rutiny, sold in the UK. But MAFF bas not "Food manufacturers do J may be that Britain has been resisting is fundamental to good health. But in The US Environmental E Environmental Protection timetable for reviewing their safety. each other, and fear that th EEC moves for stricter controls on practice, how much influence does the Agy is reregistering old pestiegistering old pesticides and While it will make public information petitors will steal their fort. chemicals in meat. The less monitor­ DHSS actually have on the quality of has issued interim standardl interim standard for 92 so about new pesticides introduced in recipes" says Millstone. "Ths ing that is done the easier it is for the food supplied to the UK population? far. But it has been unable t has been unable to review future, it refuses to reveal any details that while manufacturingJIT1I government to claim that no problem Very little. the permitted food residue itted food residue limits for about the tests done on existing trust each other, consumers, exists in Britain. Whatever COMA or any other 84 of the 92 because base 92 because basic safety products. expected to trust the entire i, M.F. DHSS advisory committee may say studies have never been done.ve never been done. Sixty-two M.F.

,I ir f Accountabili'ility of nationalised!d industrie

"When tempted to do anything in secret, ask yourselfifyou would do beyond manip ulating I it in public: if you would not, be sure it is wrong." dustries and the last thir Thomas Jefferson A Special Report want is acco untability. ASF The PAC, frustrated Nationalised industries sho uld be publicly accountable. In a democracy, failureto discover whethe those endowed by Parliament with the powers and responsibilities for by by Alex Henney British Leyland was dispc providing important services, should account publicly for the use of assets at the Bathgate F their powers and the performance of their respensibfhties. Such an ac­ Alex Henney, a meHenney, a member of the Council for Freedom of Leyland Vehicles Limited ; counting is an essennal means of distributing political inffuence, which Information, is a formation, is a former Chairman of the London Electricity well below their book va is a basic principle of democracy. Consultative Councultative Council and Board member of the London not accept this story. The ( Furthermore the requirement to account for ODe'S actions in public Electricity Board. ricity Board. tee stated that: is a discipliDe that encourages efficiency, Regrettably our nationalised He studied engine studied engineering at the Universities of Bristol and 'These bodies, which at industries are neither accountahle nor efficient. The problems have their Virginia, and econona, and economics at the LSE, and has worked for arm's length from governn roots In how the industries were created, in the secrecy of Government, several private compl private companies, been a local government Chief no netheless dependent and in the lack of interest of Parliament In scrutinising Whitehall and Parliament to provide thi its dependencies. Officer, and was secrer, and was seconded to the Department of the Environ­ capital and fo r guarantees Herbert Morrison, the advo cate government tries to paper over m ent for two years I for two years as a special adviser. He is author of the viability. In our opinio. and then the architect of post-war cracks the problems do not go book "Inside Local ("Inside Local Government: a Case for Radical Reform" bodies must also be accou, nation alisation, wrote in his book away: th ey got worse. In 1975 the and writes frequentlvrites frequently on related issues. Parliament . .. The only , "Socialisation and Transport," f ~ government invited the Nation al tory means of giving POI are seeking a combination of Economic Development Office, that assurance, we believ public ownership, public accoun­ NEDO, to study the issues, and it Auditor General reporterfleneral reported on th e was - and remains - inadequate. give the C&AG accessto th tability, and business management prepared ''A study of UK na­ monito ring and control mg and control activities Parliament's wish to get more and records of the natic for public ends; He emphasised tionalised industries: their role in of spon sor departments. or departments. He con­ grip on nationalised industries industries.J the public nature of a board, and th e economy and control in the cluded of the relationshipf the relationship between showed in 1978 in an acrimonious In 1982, Mr Du Cann 1 the importance of its being respon­ future" (HMSO, 1976). NEDO the Department of Energjrtment of Energy and the argument the Select Committee on resolution with Mr Joe l : sible, accountable, and (no doubt reported that 'There is confusion National Coal Board til Coal Board that while Nationalised Industries had with then chairman of the Pu by the standards of the time) open, about the respective roles of the some progress had been.ogress had been.made the the chai rman of BSC over some co unts Committee: 'Th commenting: boards ofnationalised industries, recom mend ed procedureended procedures 'even as correspondence he had with the House approves the repor The board and its officers must of Ministers, and of Parliament, recently as 1981/ 82 (the as 1981/ 82 (the Depart­ Min ister, and forced him to Committee of Public accc regard themselves as the high which . . . leads to a situation in ment's) practice fell a g,practice fell a good way disclose it. Then the Public Ac­ the role of the Comptro custodians of the public in­ which boards arenot effectively re­ short of a straight forw a straight forward and counts Committee (PAC) for the Audito r General and UI terest .. . The principle which quired to account fo r their perfor­ complete implementatioe implementation of the Comptroller and Auditor General government to introduce socialised industry should aim at mance in a systematic or an objec­ system of financial comf financial control and (C&AG) to have access to the tion to allow proper accoi applying is that the nation, which tive manner - whether it be to oversight set out in tit set out in the white books of nationalised industries. ty in the House of COl is the proprietor of the under­ Parliament, to Ministers, to other paper'. In 1983 accc In 1983 accountants The Nationalised Industries Subsequently, Mr St Johi taking, has the right to the max­ legitimate interestgroups, or to the Deloitte Haskins am Haskins and Sells Chairmen's Group predictably re­ and Mr Du Cann introdi imum possible knowledge about wider public. . . There is no effec­ repo rted that the Depar that the Department of jected this view, arg uing the tradi ­ Parliamentary Control of the undertaking. tive system for measuring the per­ Energy did no t always did no t always ask th e tionalline that the industries were diture (Reform) Bill. Prior Unfortunately in the pressure to formance of nationalised in­ British Gas Corporation flas Corporation for the in­ accountable to the Minister, and he cond reading, the Nationa draft the bill. Little thought was dustries and assessing managerial formatio n needed for revm needed for reviews, and in turn to Parliament. This is dustries Chairmen's Group given to making boards publicly competence. .. Boards of na­ noted a reluctance by BGreluctance by BGC to pro ­ bogus - in law nationalised in­ vigoro usly against it, wil accountable. All that was done was tionalised industries sometimes vide information to theormation to the Depart­ dus tries are not accountable to chairmen threatening to rr to require the boards to publish an­ seem to aspire to a freedom f rom ment, Th e dismal recorhe dismal record shows Ministers - they were purposeful­ the secon d reading. Mr r: nual accounts, and to create con­ public scrutiny which is at odds quite clearly that the alearly that the alleged ac­ ly designed not to be. In practice observed: sumer committees, which had ­ with their status as publicly own­ countability of boards to ility of boards to Ministers few Ministers have any interest 'For too long the execu and still have - negligible powers. ed enterprises.' Once formed, let by Walter The NEDO report also observ­ Cu bric, chairman of the Central ed that ';4 seriesofSelect Commit­ Electric Authority, the industries tee inquiries revealed that the pursued a policy of resisting public sponsor departments did not make Time thne the Electricity Council accountability, and were not above any detailed attempt to satisfy lying and suppressing embarrass­ themselves on the financial or ing facts when it suited their economic validity ofthe program­ turned rned on the lights purposes. mes ... The information required It is a testament to the intran­ fo r effective monitoring ofperfor­ Secrecy is endemic cy is endemic DOt just does it justify Ihe £13m il spends me mhe r remained co' sigence of the boards of nationalis­ mance trends is not usually re­ about nuclear power, b uclea r power, but about on "national publicity", nor the about the way the procee ed ind ustries (and the relaxed at­ quested f rom or provided by the most aspects of the elecpects of the electricity in­ £14m OD general administration, the Board were reporter titu de Parliament) that it took 10 corporations.U dustry from the governmrom the government to the nor the £llm OD research. Eq ual ­ Consultative Council be' years to set up the Select Commit­ In respon se to NEDO, the consultative councils. Imtive councils. ID 1982 the ly it makes no attempt to justify its chairman had made it c1ea tee on Nationalised Industries and govern ment's white paper on the Secretary of State comry of State eommlssioned activities to the Electricity Con­ would give detailed repor to provide it with resou rces to nationalised industries (Cmnd consultants to undertakants to undertake a review sumers Council (ECC). Indeed, it Council, Deb ate in thl undertake effective studies. It then 7131, HMSO, 1978) noted that of the CEGB's tariff. U';EGB's tariff. Until press­ has kept the results of a number of would be less open and ef took a further 20 years until the 't he re is no external audit ed by the Energy Comhe Energy Committee in consumer research studies secret, it were being r 1980 Co mpet ition Act to provide mechanism - additional to the 1984 he resisted pubhe resisted publishing the and even classified the circulation el sewh ere . •• other II for efficiency audits undertaken by present financial audit procedures review OD the grounds o~n the grounds of commer­ of a factual "Comparison of elec­ shared this concern, and v the Monopolies and Mergers Com­ - which might provide reassur­ cial confidentiality .nfideDtiality - when tricity tariffs and prices In the UK" emphasise their strong vi mission (MMC). ance to government and Parlia­ published, only ODe parsed, only ODe paragraph was which was based OD published industrial members' view In 1967/68, following years of ment about the effectiveness of excised. IDits report OD • In its report on "Electrici­ tariffs. The Electricity Council and never be quoted outs appalling performance by some of management organisation and ty and Gas Prices" th Gas Prices" the Energy the CEGB has long resisted sup­ Boards. Such an attltur the industries the Select Co mmit­ procedures within the industries; Committee observed 'ttee observed that the plyiDg meaningful Information abrogation of public acco tee on Nationalised Industries an observation made 30 years after "value of the oral evideofthe oral evidence from about generation costs and the ty. II is most regrettable t reported on the relationship bet­ their creation. It recommended the Secretary of State fcetary of State for Energy tariff to the ECC Perhaps worse, pie charged with the COl ween Ministers and boards and that sponsoring depart ments wasgreatly diminished b.ltly diminished by his rigid it was not until 1985 Ihat board public husiness sho uld I public acco untability. It observed sho uld monitor performance of adherence to the doctritce to the doctrine of col­ members of Area Boards - who cannot speak fra Dkly if n that: "Ministers and nationalised th e indust ries. But typically the lective Cabinet resp Cabinet responsibili­ by statute are given the duty to ex­ knows whallhey say - w. industries should be publicly ac­ Civil Service did not act ex­ ty ... we were thuswe were thus denied ercise their discretion in setting little of consequence, The countable . .. Public accountabili­ pe ditiously. In 1981 the information. .. nati o n ... tariffs - were aware that the Elec­ is symptomatic of the ti ty means that information must be Monopolies Commission's report essential to a proper undd to a proper understanding tricity Council provided tariff ad­ titude of many - if not published about the performance on the CEGB (HC 315, HMSO, of the government's posovernment's position and vice to the executive of the Boards. pu blic boards. of the industries, and that the 1981) found that the Department the consideration which sideration which gave rise That advice is DOt available IDcontrast to secrecy II p ublic, and particularly th e of Ene rgy did not receive any edi­ to it. The Minister hid he Minister hid behind a pu blicly. whi ch ranges betwe: representatives of the public in tion of the board's Development cloak." While the London Electricity lu di crous to the do' Parliament, shou ld be able to test Review unt il that of 1980/ 81, nor The Electricity COUlElectricity Ceuncil con­ Board is considerably more open dangerous and expensive, the success ofthe industries, and did it have access to the board's ducts its business in ses business in secret, and than it used to be, it is still sensitive to discover all manner of i to measure their management. The system computer model. Conse­ provides DO formal aCCQi DO formal account of its about exposure. During 1981/84 tion about US utilities. TI Committee also observed that quently it was not in a position to activities to the Boards IS to the Boards OD whom there were various heated disc us­ missions which regulate tb "most of the industries arestrong­ form a sound judgement on the it precepts. It provided nots, It provided no explana- . sions about "leaks" and letters of open hearings under ( ly opposed to the whole concept of board's investment proposals tion of the losses of somehe losses of some £60m on mine to the Times, culminating in tariffs and many other efficiency audits." which at that time totalled £ISbn. the pension fund, (a lesion fund, (a loss which a minute for the board meeting of and have rights to obtain Like so many issues where In 1983, the Comptroller & was paid for by custond for by customers), nor 26 June 1984 stating that "one formation as they want.

,I been allowed to have a virtual mentioned before one ofthe most ficult for outsiders to kIT outsiders to know who vironment Committee concluded monopoly ofauthority and virtual impressivefacilities we visited was has taken what decision n what decision for what that the attitude of BNFL had Secret Fac' immunity from carefulscrutiny. It the West Valley Demonstration reason. resulted in "a gap between the in­ is a scandal that hundreds of Project in New York State. Not on­ secrecy protects incompenrotects incompetence, and dustry and the public", and com­ millions ofpounds ofexpenditure ly did the operators readily admit enables mistakes to be nnistakes to be repeated. mented that "it must be difficult have been voted on the nod, to the terrible mess which the old The Environment Coivironment Committee for the industry to expect its without examination. We will no reprocessing plant had been but report commented that tlmmented that Sellafield figures on safety levels and Aspirin Risl longer be denied this continuous they showed us all the problems "has become a by-word foome a by-word for the dir­ minimal risks to be believed by the campaign for reform. Somebody they themselves had to face. At ty end of the industryof the industry in the public". Public distrust had led to must report to the people how ef­ one stage we were shown the old nuclear world . .. it is world . .. it is hard to such opposition to sites proposed Ignored ficiently and honestly power and head-end plant - there the fuel deny that its record loat its record looks bad. for nuclear waste that the most authority are used, and that is cans wereremoved - and weask­ From the Windscale fire c Windscale fire of 1957 to suitable site (at Billingham) had For four years, governmem Parliament's task. Prominent peo­ ed how they were going to deal the November 1983 inciember 1983 incident the now been ruled out on political experts meeting in secret del ple in state-owned industries have with cleaningit up and decommis­ impression it conveys is ron it conveys is one of er­ grounds. take no action on American I said they might resist this sioning. We wereamazed that they ror and misjudgernent" 'lnisjudgernent" The com­ secrecy enables industries to pur­ that aspirin could be fatal to admitted to us: "7" while they waited to see if t endeavour. That is impertinence. mittee was devastatingly casdevastatingly critical of sue their own, rather than the effect was occurring in Brita For too long wehave attached un­ "Sure, that's a big headache. We BNFI:s sloppy managemeloppy management oflow publics' interests, and can at worst During this period 229 chi due weightto the susceptibilities of don't know yet. But we're lear­ level waste at Drigg. Repote at Drigg. Reports by the induce an attitude (to caricature Britain developed Reyes sync management and insufficient ning a greatdealfrom the other MMC and by Deloitte HId by Deloitte Haskins & but a little) that rather than that .condition which is now ackno weight to the public interest.' stages and we'retesting out our Sells have identified vari/e identified various long an industry is there to serve its to be linked with aspirin USl; The government opposed those ideas all the time. We've got standing inefficiencies inefficiencies in Area customers, the public, they are half died. provisions of the Bill which gave plenty oftime and wejust want Electricity Boards that cy Boards that could ­ there to enable the industry to The evidence is that, fae the CAG access to nationalised in­ to make sure we get it right in and should - have beeuld - have been rooted dispose of its output and to ensure powerful opposition to any rnr dustries, and with the support of the end." out a while ago. For insnile ago. For instance the that its employees live in a comfor­ the pharmaceutical industry The presentation was reassuring little public interest because the payroll vote, they were not LEB shops lost money fops lost money for 7 years table manner has accompanied the men! secrecy concealed wl enacted. and candid. At Sellafield informa­ and contracting for 5 yearacting for 5 years before NUM's pay negotiations, the happening - the Depart" tion was more guarded. The US action was taken to reeas taken to rectify the employees of the electricity in­ Health repeatedly delayed gil Secrecy in practice Department ofEnergy had decid­ shortcomings. lings. dustry have done very well for warning to the public. Until recently civil nuclear ed that they had a problem and it secrecy facilitates slovelyacilitates slovely decision themselves without anyone at any Reyes syndrome is a c( power has been shrouded in needed dealing with. They were affecting children who have obsessive secrecy. The plans for the going to take on the public con­ ...i ------~I with chicken pox or influena original Magnox programme were cern not by rushing something US studies published between 1 conceived in secret, and their through or by hiding away in Getting the Act together 1982 suggest that giving as th1ting children with such infections uneconomic operation hidden secrecy but by deliberately opening In States like CalifcStates like California and New York there is a clear view that increases the chances of Re from the public until Lord Hinton, up the operation as a demonstra­ us drome, which is fatal about 50' formerly the Chairman of the UK tion project and sparing no ex­ when the public grants th public grants the privilege of monopoly franchise to a com­ of the time. Atomic Energy Authority pense. It had a great effect on our pany to supply an essentiaupply an essential service then that company has to be accoun­ In 1982 the USgovernment (UKAEA) then Chairman of the thinking. The committee conclud­ table to the public. And ithe public. And it is expected to supply services that the public warned against treating child] Central Electricity Generating ed that the industry "appears - rightly or wrongly - y or wrongly - think are in the public interest, not services aspirin if they had influenza or Board (CEGB) told the House of remote, self confident, yet unac­ that the company considcompany considers are in its interests. To this end the public pox. In December 1984 it askec Commons Estimates Committee countable . .. is not nearly as service commissions act ommissions act as the agent of the public. As Franklin D manufacturers to warn about 1 in 1959 that they would "produce publicly accountable as it should Roosevelt said when he \l said when he was governor of the State of New York: of package labels. power more expensively than con­ be . .. The fundamental decisions "The Public Service (Public Service Commis­ Bnt in February 1985, I sion is the representatii the representative of the Committee on Safety of M ventional stations". The UKAEA involving the expenditure oflarge stated publicly that no acti then refused to provide the CEGB sums of money and substantial legislature and, backture and, back of the necessary. with details of a reactor it propos­ risk to the public are not taken legislature, of the peoplture, of the people ... to We now know that as a resu ed, and so a committee was set up publicly but by the industry and its see to it that the utilitieit that the utilities do two US warnings the number 0 under the Permanent Secretary at spouses behind closed doors." things, first, give service, first, give service, and se­ cases reported in America fell f the Board of Trade in 1962 to cond, charge a reasonacharge a reasonable rate:' in 1984 to 91 in 1985. The evaluate alternative reactors ­ The consequences of secrecy The practical way to iractical way to implement the lessons we can learn from the message is that a prompt wa Harold MacMillan refused in Secrecy of nationalised in­ US is to create commissioereate commissions to regulate our nationalised industries (and Britain would have saved rna In 1983-84 alone 34 children Parliament to acknowledge the ex­ dustries reduces the quality of our privatised monopolies). 11 monopolies). The Commissions should be created within a political democracy. It limits our Reyes syndrome in England ar istence of the committee. Even clear legal framework, aal framework, and include the following duties: and 10 others suffered brain ( now the Government hides the ra­ ability as citizens to be involved in • to hear and authorise If and authorise tariff proposals, and regulate (ie determine) debates about policies and perfor­ The Department of Health tionale for nuclear research. In a the budgets for expendituets for expenditures (like advertising) that are not essential to to disclose what took place, report on energy research and mance that many affect us in­ the engineering functionaeering functions, to accounting and to customer service. meetings, but leaked conf development, which cost taxpayers dividually' and which always de­ • to regulate the staregulate the standards of service, and arbitrate customer minutes show that by Man £245m in 1984/5, the Select Com­ pend upon the powers and complaints. LtS . members of the CSM did mittee on energy criticised "the privileges, and often upon the sub­ • to approve the board'prove the board's corporate plans. requiring a warning label on largely unnecessary secrecy sur­ sidies, provided by our elected • to monitor the efficiennitor the efficiency of boards, order management audits where products. Yet it took 15 mont before any public warning wa rounding the operation of the Ad ­ representatives in Parliament. And appropriate, and set costate, and set cost performance targets. visory Council on Research and it limits democratic accountabili­ • to regulate accountingulate accounting methods and standards. Development for Fuel and Power", ty, the extent to which we are told • to investigate public inestigate public interest issues (eg conservation) and - subject and regretted that "no details of how those powers and privileges to matters that require lees that require legislation - regulate them. the review (of the fast reactor provided by us have been exercis­ The Commissions shounnmissions should, to function within a clear legal framework research programme) have been ed. Secrecy also has many other of objectives to prornotcives to promote the interests of customers and arbitrate South Afri published". undesirable consequences: customer complaints to I complaints to promote efficiency and competition, and to Details of the Windscale fire in secrecy makes it easier for In­ determine public interest" public interest issues. They should have a legal power to ob­ pay secret 1957 were hushed up; the full dustries to mislead the public. The tain such information as thinformation as they require, and they themselves should operate report of the inquiry was never official history of the electricity in­ by open hearings and givhearings and give clear and reasoned decisions which can be Three large British compan: published; and even in the 1984 dustry recounts how in the 1950s. challenged in the courts, :d in the courts, and should report to Parliament. The com­ refused to disclose details of tl "Black Inquiry" into the effects of Board Chairmen "sometimes missions would make the lwould make the boards accountable, and they themselves would they pay to black employees i Windscale upon leukaemia in the stooped to . making public be accountable. They womtable, They would be a new concept in Britain, an accoun- Africa, in contravention of i surrounding area, was not told the statements that were palpable table quango, mgo, code of conduct, agreed to amount of radioactivity emitted. nonsense" and "betrayed a greater British government, which Only in July this year was the devotion to the cause of suppress­ disclosure. The three, Sun ) magnitude of the emission (20kg ing criticism than to searing for the time having to justify it. Between Trusthouse Forte and Siebe, I making. The MMC founiThe MMC found that the submit reports to the Depart of uranium, 50 times greater than truth .. :' Thirty years later the in­ CEGB's investment a investment appraisal 1970 and 1984 they improved their Trade and Industry which, Ul prevously disclosed) finally admit­ dustry was still justifying methods were "seriously , were "seriously defective pay by 17'70 relative to manufac­ code, conducts an annual S1 ted, 30 years after the event. Over misleading shop accounting, and and liable to mislead". In Ie to mislead". In everyday turing industry as a whole. The wages paid by South Afric the following 20 years up to the the CEGB and the of English, the engineers at tithe engineers at the Board median salary for chartered sidiaries of British companie leak in 1976 British Nuclear Fuels Scotland Electricity Board were wanted to emulate the Freoemulate the French, and engineers in the industry is the A total of 172 other comp.. Limited (BNFL) did its best to presenting misleading (historic) massaged the figures to sid the figures to show there highest of any sector, and 10'70 vided reports - though SOl hide leaks. On 10 October BNFL cost figures to try to pretend that was a need to bnild aeed to bnild a dozen above that of engineers in com­ lacking the essential informal discovered that a concrete silo con­ electricity from nuclear power Sizewells in a decade. A in a decade. A conse­ panies - and they have an index­ cording to a report in June taining high activity waste was plants has been cheap. quence of secrecy is that tlf secrecy is that there is lit­ ed linked pension, a job for life, Ethnical Investment Research formation Service. Seven COl leaking. Mr Tony Benn, the secrecy facilitates a slippery, tle expertise outside the in.ise outside the industry in and some have a cushy number. Yet submitted reports which ornn Minister responsible did not find deceitful, style of management so the UK about policy issuebout policy issues and in it employes proportionately near­ figures of actual wages pail out about it until 8 December, and clearly shown by the Westland af­ consequence the level of'ence the level of external ly twice as many people as the others, including Dunlop then from the press. Subsequently fair, which is the tip of the iceburg. debate is ill informed an' ill informed and the in­ Tokyo Electric Power Company. employees 2,700 black Africa more information has been forced It is one ofthe less likeable features dustry can slough critran slough criticism as As the MMC observed of the wage figures that applied 01 out of BNFL, but there is far to go. of too much British public ad­ naive it off as naive. off as naive. Yorkshire Electricity Board single member of their work This year, in its excellent report on ministration. Secrecy allows people secrecy facilitates ~ facilitates political "management preferred to EIRIS saythat have identifh Radioactive Waste, the Environ­ to say one thing in private and manipulation which has l«tion which has long been postpone and even avoid change". ther 50 British which should I ing at least a brief report ur ment Committee commented "The another in public. Some of those a feature of the ch.re of the choice of While allegedly the gas and elec­ code, but which have not. industry is not nearly as publicly who rise to the top of nationalis­ generating plant - wheng plant - when, where tricity industries were nationalised The EEC code, and the DT accountable as it should ed industries are less than for­ and what type of generatit type of generating plant to further the public interest, both monitors it, say companies be .. . fundamental decisions in­ thright, and are more noted for is determined less by thelined less by the need to industries have consistently refer to their reports on South volving the expenditure of large their verbal ability and "sound­ serve customers efficientlyomers efficiently than by obstructed the development of employment in their own sums of money and substantial ness" in minimising embarrass­ the power play between thr play between the NUM, combined heat and power report and Accounts. Thirt risk to the public are not taken ment for their industry and the nuclear lobby, and the ar lobby, and the effect of schemes, and neither have made no panies failed to do so. The C( publicly, but by the industry and Whitehall than for their ability to closures in particular corin particular constituen­ more than a cosmetic attempt to saysthe reports should be mad! its sponsors behind closed doors". run a business in the interests of cies. Equally pricing is a .ally pricing is a political promote economic conservation, but 10 companies refused to copies to EIRIS.Thesewere 60 The committee observed that: their customers, the public. And issue. In 1984 the Gov. 1984 the Government notwithstanding the benefit to in­ BATIndustries, Bowthorpe H There is no reason why the their views permeate the organisa­ wanted to push up the to push up the tariffs to dividuals, particularly those on Coates Brothers, Hickson ] operations of the industry as tions they lead. reduce the Public Sector re Public Sector Borrow- low incomes in hard to heat coun­ tional, LeylandVehicles, MKI regards radioactive waste should Secrecy diffuses responsibility and ing Requirement. .irement, cil estates, and to the national Manders Holdings, McKechie ] be other than open. As we have accountability. because it is dif- secrecy breeds distrucl. 'ireeds distrucl. The En- benefit. and Smith & Nephew. I Campaign Comment I 75th anniversary of of What we are no the Official Secrets Ats Act told about food Last month the Campaign "celebrated" the servants would like to replace Sectioreplace Section 2 with ... continuedfrom page9 75th anniversary of the day the House of legislation that works. In their tern. In their terms, that Education published its guidelines on traordinary use or the OSA as health nutrition (the NACNE report) "It is necessary from time to t Commons passed the Official Secrets Act means legislation to control infO! control information that advertising of wholemeal bread information on manufacturn 1911 into law in just over half an hour. which is enforceable. was seriously undertaken. cesses or other commercial s The Campaign did so by calling for its Everybodyelse, however, wishes toever, wishes to replace Are members of these committees material to be placed bef it with legislationthat is positivein cis positivein character always given the commmon courtesy members of these Committees repeal, and replacement with Freedom of of 'scrutinising and commenting on that they can property advise ~ Information legislation. - that creates the presumption in f15umption in favour of research work undertaken on their on matt ers before them. The The Campaign pointed out that: openness, rather than secrecy. secrecy. behalf by MAFF and DHSS? Again, of the Official Secrets Act by n In brief, the Campaign for Freeaign for Freedom of no they are not. of th ese Committees is the wa (1) There is now a complete consensus that In April this year, the DHSS Nutri­ suri ng that the integrity of thi Section 2 is unenforceable as well as unsatis­ Information would retain contr retain controls on tion Division published the results of mation is protected from unai factory. Even the Prime Minister has ex­ information that would endanger rid endanger national its 1983 survey into the eating habits ed discl osu re to corm security, invade personal privacy, Mal privacy, obstruct of British teenagers. This was the com petitors". pressed her concern. largest and most comprehensive survey (2) There is also an overwhelmingmajority, proper law enforcement, or in othmt, or in other ways of adolescent food habits undertaken not just of the public and of Opposition adversely affect the publicinterest, builicinterest, but would since the war (3285 children), and it Badly briefed politicians, but of civil servants, former make the vast bulk of official infer official information showed that they are growing up on senior civil servants, academics and jurists, available to the public. :. just the sort of food that doctors the However, one year later, Mrs world over have condemned as was forced to admit that she h. that the Act is a bad influence on the quality The Prime Minister knows that wknows that what she unhealthy: fatty, sugary meals which badly briefed. It seems that I of our democracy. wants cannot be promoted at Westaoted at Westminster contain inadequate whole, fresh foods. advisors did not know what w, (3) The indiscriminate secrecy imposed by without a national outcry and plutcry and possible The survey was done to satisfy critics in the control roo ms of fO I of the controversial abolition of health policy. In June 1986 shr Section 2 is particularly condemned, as is the defeat. Therefore, rather than ackncer than acknowledge statutory nutritional standards for "Members of COMA which is use of criminal laws for disclosures under the popularity of the FOI alternatiw'OI alternative, she is school meals in 1980. ed by DHSS are requ ired to , this Section. happy not to act at aU,leavingan uneleaving an unenforce­ Main COMA members asked to see Official Secrets Act declarati the results, but wereshownonly a brief have done so since the Commit Given the overwhelming criticism of able and unsatisfactory piece of legiy piece of legislation summary of the final doc ument, ception in 1957, Members Section 2, why is there no action to repeal on the statute book, blocking freecblocking freedom of whose publication was delayed by over Ministry's Food Advisory Cor. it? The answer lies in conflicting objectives. information, and generally obstructirally obstructing pro­ one and a half years. On at least four on the other hand are not reqt occasions, parliamentary questions sign the declaration. Instead t The Prime Minister, some (but not aU) of her gress towards the more healthy dene healthy democracy about publication of the report were info rmed at the time of their a Cabinet, and some (but not all) senior civil she claims to espouse. deflected, once by Mrs Thatcher ment that information given t herself. The document as fina lly in their capacity as members published was generally reckoned to be Co mmittee is subject to the I rather a shoddy piece of writing which Secrets Act and should not be I did not do justice to the wealth ofdata ed outside the Committee". More Doctors support access to fi Is to files collected. In practice, this makes not Many members of government ad­ bit of difference. Whether the' visory committees are employees of sign or do not sign the OSA, t continued from page 5 is keeping things from them. A paper open access a doctor "wouless a doctor "would be com­ large food manufacturing companies subject to it. A commercial sec] doctors give them. A report in the BMJ in the Lancet (7.6.86, 1316)shows they pelled to alter his hitherto fralter his hitherto frank style". in the UK. Official Secret. And that's of (14.6.86, 1576) confirmed that manv may be right. A consultant examined Few patients will regret the JIlts will regret the passing of This use of the OSA works do ctors are poor at commumcatmg. his notes on one hundred patients and this style. the interests of consume rs, and concluded that 42 of them ha d Forty young doctors were observed In Mos t medical records amedical records are "a dis­ the future health of the n ai information he would not want them Independents consultations with pati ents. While grace". according to anothercording to another article in should be immediately withdra most gave simple information about to see. These included comments he the BMJ (1.3.86, 577). The a).3.86, 577). The author, Dr Independent researchers and doctors thought would "alarm" patients such the whole structure of governn di agn osis an d treatment, few David Metcalfe, Professor o.tcalfe, Professor of General come to these committees with their visorycommittees should be re menti oned the cause of the illness, the as livery high" blood pressure; Practice at Manchester Lat Manchester University, particular expertise. but as senior In its manifesto for a new I tests done, or the likely outcome and "chronic hypertension"; " unequal suggested that opening that opening them to academics, are usually overworked, policy on food additives, the Fe " very few obtained and took any pupils? cau se"; an d HI do not under­ patients might introduce might introduce a "mu ch overstretched, and do not have the time ditives Campaign Team (FA( account of patients ' views or expec­ stand the cause of these symptoms". needed discipline in the priscipline in the profession's ot facilities to read all the background proposed the following: "The : tati ons of these matters". The investi­ On one patient's notes he wrote "prob­ record keeping". eping", material relevant to the discussion, all (government advisory) com gators found that "doctors were ably coronary disease" but in his letter He added: "What may ted : " What may underline particularly when it concerns industrial should no t be covered by the I weakest on the techniques that have to the patient'S GP he wrote "patient consultan ts' objections is thes' objections is the fear that practice and food technology. The toxi­ Secrets Act. Their setting 1 been found to increase patients' satis­ reassured no evidence of heart disease their letters may give away :rs may give away hostile or cology of just a sprinkling of additives meetings should be publicise factio n and improve their compliance apart fro m irregularity". pejorative feelings about tlu feelings about the patient. can run to thousands of research hearings held in public and a with medical advice and treatment". Some records could not be shown The commo n statement thanon statement that patients papers. These people mu st rely written evidence publ ished by They concluded "a few do ctors can because of what he called "apparently would not understand or -t understand or would be pr imarily on their wit and wisdom to together with their repo rt s fa present their conclusions and advice to insulting or objectionable comments". confused and worried by thand worried by the medical see them through. see. their patients effectively, but most He cited one example from his records data reflects the arrogance . ..ts the arrogance ... of some Contrast th is with a senior scientist "All members of expert a remain incompetent". in which he had described a patient as doctors. Proper explanatioProper explanation would employed by industry. They can call on committees to be delegated by Some patient s want their records 'on the way to becoming a "rich foo l". have to become the rule in cocome the rule in consultation the huge national and international in­ countable to a full range of rele because they are convinced the doctor The con sultant complained that with rat her than the exception". m the exception". form ation services offe red by their pert bodies. These could inch companies, and by industry as a whole. Royal College of Physiciai It is in their interests to do so. These British Dietetic Association, tt scientists can arrive at meetings ex­ Autho rities Co-ordinating H Campaign for Freedomdom tremely well briefed, backed up by Trading Standards, the Nation voluminious, immaculately prepared surner Cou ncil, the 'Irades Unn papers to support their case. gress and th e Women's Instin How impartial is the data reviewed "No person employed or ot of Information I by government advisory committees paid (as a consultant, for exan when they draw up recommendations firms in the food, drink, d: Chairman of Council: James Cornford 3 Endsleigh Street :h Street for future legislation? The additives in agrichemicals industry to serve London WC1H ODD ~1 H ODD those jam tarts are a good example of advisory committees. However, Co-Chairmen of Committee: how it all works. Government relies on and trade associations such Christopher Price and Des Wilson Telephone: 01-278 9686 1-2789686 its scient ific committees for advice Retail Consortium of the Fa Treasurer: Neil Mcintosh about which additives should be per­ Drink Federation to be elii mitted, in which food s, and in what delegate members. Industry te Chairman of Parliamentary Advisory quantities. Much of the data scrutinis­ to give evidence:' Committee: Jonathan Aitken MP ed therefore concerns toxicity, or safe­ ty. Who provides this data, and on r------what basis? Commitment The overwhelming majority of ex­ How to be a supporter ter per imental data on additive toxicity is Government should now sho conducted, and is owned by, the food commitment to public healt You can support the Campaign by becoming a subscriber and sending £7.50 a llding £7.50 a year industry. Industry makes an applica­ report of the Food Advisory C for our publications. Just fill in the form below: tion to use an additive. Industry con­ tee on chemical food colour ducts the safety tests, some of which delayed, is likely to be publish, are published in scientific research next year. Starting with this reI NAME....••••...... ••...... •.····•·••······.•.•...... •.•...... •...... ••...•...•.,.•...... •.••...... journals and many of which are not. governme nt advisory reports e Industry submits the results to and health should be accompa ADDRESS , . whichever committee is doing the supplementary volume s inclu: scrutiny. The data are then covered by background doc uments and ...•...... •••...... •••.•...... •...... •...... •.••.....•. •...... ••.•....•••.•...•.••••. ....•••• ••... •..•.... the OSA. If you ask the DHSS or and oral evidence. This is don MAFF if you can see the data, you are USA, where the freedom of ir ...... told that it belongs to the industry. If tion Act operates; it is do ne fa you ask the industry, you will find it Co mmissions; and it is de is an Official Secret. reports of House of Common To: Campaign for Freedom of Information. In May 1985, in a letter to Jo nathan Co mmittees. Aitken MP(Cons) about the use of CAROLINE WALKER is a I I/We wish to be a subscriber and enclose £7.50. OSA to cover the work of FAC and tionist and co-authort of 'Til COMA, Peggy Fenner justified this ex- Scandal: I I/We enclose an additional £...... as a donation. ! L' _