Newspap er of th e Campaign for Freedom of Information 50p 50p Nun
Local freedom oft of informatiol1 lawtakes effeCfect from April 1 The Town He Hall Is Open! The Campaign for Freedom of Information's first documents relating to forthcoming busin legislative success, achieved with the help of Robin The Act is one of a number of pieces of Squire MP, whose Private Members Bill it was, lation the Campaign for Freedom of Inforn and the Community Rights Project, comes into has promoted in its first two years, subse force on April 1 of this year. to a drive to introduce a full Freedom of It is the Local Government (Access to Infor mation Act for Britain. mation) Act and it extends our rights of access Detailed work on the Act was done I to meetings held by local authorities, and to infor Community Rights Project. mation from our local town, city, or county hall. The opportunity to introduce it to the 1 We will now be able to attend any meeting of of Commons arose when Conservative MP a council, or its committees or sub-committees. Squire came third in the Private Members We will now be able to obtain at least three in 1984. He introduced the Bill early in 191 clear days before the meeting the agenda and any piloted it past the House of Commons al background reports and papers. House of Lords with considerable skill. 1 After meetings, we will be entitled to inspect ceived the Campaign for Freedom of the agenda, reports considered in public, back mation's Award for the outstanding indi ground papers, minutes of the meeting and a The Rt Hon Neil Kinnock, leader oinnock, leader of the Labonr Party, contribution to freedom of information m meets American campaigner Ralph npaigner Ralph Nader, to wbom he summary of any proceedings which take place made a special presentation at the 19mtation at the 1986 Freedom of Infor past year. while the meeting is closed for business exemp mation Awards. Full details page 5. I details page 5. Des Wilson, Chairman of the Campai: ted by the Act. Freedom of Information, describes this mo The Council will now have to publish a register "one of much promise and satisfaction of the names and addresses of Councillors and a summary of our right of acces right of access to meetings and Campaign. the membership of committees and sub-com documents. "However, the only people who can enfor mittees, a list of powers delegated to officers; and Councillors, too, are given nen, are given new rights to inspect legislation are members of the public them It is up to us to take the opportunities to : meetings on matters that concern us, and i to us to take the opportunity to obtai Section TwO under siegsiege documents now available. "If we do not respond to those opportu the legislation will exist in name but I Section Two of the Official Secrets Act, now in its 75th year, promise was echoed b was echoed by Kin reality!' is under siege. nock's deputy Roy Hleputy Roy Hatters Not only have all the opposition parties said they will ley, and at which the at which the leader repeal it, but the Prime Minister, Mrs Thatcher, questioned of the Liberal Party, .iberal Party, David in the House of Commons, indicated some unease about Steel, reiterated the piiterated the promise it herself, but claimed there was no accord on how it could of the Alliance to rAlliance to replace Fight to keep our water be replaced. Section Twowith FreecTwo with Freedom of Ministers continue to be the jury in the Ponting trial Information legislatiotion legislation. authorities accountable afraid to make use ofit since refu sed to take the judge's Nor did the 0 1did the Official i , lead and supply a conviction. Secrets Act come well Actcome well out of Proposals to privatise Britain's the Westland affair. .tland affair. Oppo water authorities have been An all-party team of mem published in a White Paper and MP'S iII·informed bers of parliament, Alex sition Parties, and alarties, and also the media, were quick towere quick to point there may well be an attempt to MPs are not given sufficient in Carlile, Liberal, Chris Smith, legislate later this year. formation to properly monitor Labour, and Steve Norris, out the hypocrisie hypocrisy of government spending,according ministers who were is who were associ The Campaign for Freedom to the Comptroller and Auditor Conservative, committed of Information has campaign General, Sir Gordon Downey. themselves at a Campaign ated with prosecutioth prosecutions for ed extensivelyabout the secrecy "The answer to the simple for Freedom of Information leaks and who were id who were them of the present water authorities, stark question 'Does parliament who, with the exception of the Press Conference to intro selves involved in a ivolved in a whole get from the Government all the series of unofficial bri unofficial briefings Welsh authority, refuse to hold information it needs for effec duce a short Ten-Minute their meetings in public. tive accountability?' must today Rule Bill to repeal Section and disclosures in orclosures in order to be 'No';' Sir Gordon said. outwit each other each other over The Campaign's Director, He suggested that MPs did Two. This will be done in the Maurice Frankel, commenting not seem to cafe that account Spring. Westland. d. on the White Paper, said that if ability to parliament, a basic They made this promise the authorities were already too constitutional duty, had become secretive when supposed to be a mere formality. He blamed on the eve of the 1986 Free Page 4 of this new! of this newspaper publicly accountable, then they "the general UK attitude to dis dom of Information Awards, contains a pull-out pos a pull-out poster on could only be more so when Maurice Frankel. closure, and the typically over at which the leader.of the thjhts privately owned. cautious response to the pro your rights under under the new vision of more and better infer opposition, Neil Kinnock, Local Govt. (Access to ovt. (Access to infor Water authorities were a essential. mation - particularly unfav committed himself to repeal mation) Act. More I Act. More copies supplier of a basic necessity for "The Campaigu has no ' ourable facts or potentially of Section Two, and before a available from the Cam from the Campaign everybody in the country. They on privatisation generally unwelcome conclusions had public health and environ believes there is a special about government plans, objec Rally attended by more than FoI, 3 Endsleigh St,Endsleigh St, WC1 mental duties. Public access to for contesting this partie tives and results". 1,000 people in The Friends ODD (278 9686). 10~78 9686). lOp each information about them was privatisation measure." Meeting House at which the plus post. .t. Sellafield a clas:lassic case of secrec~cy Australian FOI Act unhelpful 'improves decisions A disturbing series o f mistakes at Freedom of Information in Aus bad decisions to light, an the Sellafield nuclear processing by Maurice Frankel ,kel tralia " has led to an improvement result it had taken remedial plant in Cumbria has provided in primary decision making" Industry's earlier concerns fur ther evidence of th e need for One of the con sultants who ledged or were evaded". A: were evaded". As a result according to Australia's Admini possible disclosure of comn freedo m of informati on. In the carried out the review has said that thet NRC withdrew its C withdrew its previou s strative Appeals Tribunal. ly valuable informatio n h course of a single month, February their report was suppressed and endorsement of th e findnent o f th e findings and Some 19,000 FOI requests were been borne out. The A 1986, three separate instances in they were told to produce a new reaffirmed it s belief red it s belief - not made in 1983/84. General reported that "The which inaccurate information was one based on different assump apparently shared by UKly shared by UK nuclear Th e Attorney General's repo rt not been any reports from a given either to the public or to tio ns. authorities - that "proles - that "p roper peer fo r th e year says that many nor complaints from bush official bodies have come to light. The consultants found that a review is fun damental to fund amental to making agencies covered by the Act have any instance where commi Th e first involved Sir Douglas sma ll tremor, who se chances of sound technical decisionchnical decisions". reported benefits both to the interests have been ad Black 's independent inquiry into occurring are said to be I in a 100, In this country, Libera; country, Liberal MP Mr pu blic and their own adrnini affected by . .. wr, leukeamia rates arou nd the Sella would be enough to permanently Paddy Ashdown has prashdown has pressed the "strative processes. The department disclosure". field plan t. British Nuclear Fuels dam age the bolts suppo rting the Energy Secretary Peter "'ecretary Peter Walker to which receives most requests - the Several departments fou : Ltd told the indepe ndent Black reactor vessel above th e ground. publish the 20-year safetyhe 20-year safety reviews, Depa rtment of Veterans Affairs documents they had prepa inquiry that between 1952 an d One such tremo r occurred in 1979 but he has refus ed to dcas refu sed to do so. On reported that FOI had helped public disclosure had 1955 only 400 grams of uranium only 15 miles from the Chapel December 9 1985 he to ld er 9 1985 he told Mr Ash resolve grievances th at might valuable to officials. A con had been released into the air from Cross reactor. down:"I am not persual am not persuaded that otherwise have led to time ised index of social security the plan t (then operated by the consuming correspo ndence, and lines and instructions had t Atomic Energy Authority). In fact, had helped veterans make claims "a useful management tool' the true figure was 50 times higher for pensions. ing officials indentify r, - 20 kilogrammes. The Department of Social rules in cases and enabling The error - so far unexplained Security, which received more than makers to inte grate thei - came to light when a scientist 2,600 requests during the year said guidelines more effectively. who had investigated the problem the Act had decreased mistrust and departments desc ribed im at the tim e noticed that th e Black dissatisfaction and helped to make record keeping and better report's calculations were based on its decisions more easily under mentation of decisions as b the wron g figures. stood. In so me area s there had brought by the Act. Dr Derek Jakeman, who wor ked been a reduction in appeals as The total cost of the Act for th e AEA, had investigated and social security applicants better year was $17 million , and t: reported on th e issue in the appreciated why their claims had of handling each request WI mid- 1950s after finding high levels not succeed ed. down on the previous year. ! of radioactivity in his own home Several departments reported per cent of all requ est! near the plant. He was threatened better and more consistent policy granted in full. with dismissal, an d his report was making resulting fro m the Act. The Attorney General re ignored. He later resigned and T he Department of Industry and that in less than 2 ye: moved away from the area. He has Commerce stated that FOI re operation the FOI Act was ' now forced BNF L to acknow ledge quests had brought a number of and relentlessly making its that it gave the wrong figures to the Black inquiry. A new appendix to the Black A stronger tremor - which the there would be any irnprovild be any improvement in report, containing revised cal reactor has a I in 1,000 chance of safety if all the docume all the documents in a culations, is now expected to be receiving - would be enough to review were to be publislere to be published:' NO answer from BT published. sever the bolt s altogether causing That statement flies in tatement flies in the face British Telecomhas refused to provide information , Dr Jakema n has given evidence th e reactor to crash to the gro und. o f what, since Decemb er since Decemb er 1984, is the number of pay telephones out of service, or to re to a DH SS committee investigat ing Either the fall itself, or the fire that supposed to have been gov to have been government radiatio n hazards, b ut t he would inevitabl y result from the policy - to favour "unr- to favour " unrestricted statistical surveys of its service. According to the Obs 'Cornare' co mmittee meets in severance of the cooling pipes, access by the public" to .. the public" to pollution BT says such information could help its competit private and ta kes evidence in con could lead to th e uncontrolled information. In the light ion. In the light of the 3 British Telecom has no competitors in the don fidence. Asked about his findings, release of radioac tivity into the incidents revealed this Fel revealed this February it market. Dr Jakeman told the press "I can't surroundings. also looks like a profouncs like a profoundly com- discuss this with you - I am still Th e consultant engineer, Mr placent response. respon se. bound by the Official Secrets Act". Peter Phelan told th e Gua rdian: Th e second instance followed "Th e find ings shoc ked me. I the leak of plutonium nitrate from checked and rechecked th em. It a faulty pump unit on the Sella meant that the kind of tremor that Acce~ccess field site. Th e incident led to an would rattle the windows but not to personal File "amber alert" on February 5 1986 break th em could destroy thi s and the emergency evacua tion nuclear power station". A 26 year old woma n "" old woma n was first about to decide on its position. But charged for access and s of workers in the building. After Mr Phelan stated th at HNt'L astonished and then appabd and then appalled when the BMA's influential General reducing or waiving fees fc wards, BNFL insisted that none o f rejected their repo rt and asked for her new GP accused her GP acc used her of being Medical Services Committee which on low incomes. its employees had been signific a new one based on th e assump a heroin addict. It took headdi ct. It took her months represent s GPs, has already en The Association ofCon. antly contaminated. In a letter to tion th at even if the bolt s frac to discover that an addict lo r that an addict had been dor sed th e principle of patient Health Councils has said th e Guardian on February 15, the tu red, friction would prevent the impersonating her at henating her at her for mer access provided that information patients expressly wish I company's chairma n Mr Co n All reactor from fallin g. He described GP 's practice. And she oictice, And she only man can be with held in cases where information about th eir h day repeated the statemen t adding t his scenario as based o n aged to persuade her nepersuade her new doctor patients might harm themselves or should not be possible to 1 that only 2 workers had received " unproven and as far as I know to erase the references the references to her are mentally disturbed. except where a patient wh any contaminati on and in both unprovabl e assumpt ions", and 'addiction' by showing m' by showing him her Bodies representing pati ents, not be capable of rna cases th e findings were at the added "we pointed this out bu t passport which proved which proved that she consumers an d voluntary organ reasoned judgement abou "limits of detection". were told to do it anyway". A was out of the country atof th e country at the time isati ons have strongly supported a her best interests would be Yet the same issue of th e news summary of the final report - but the entries were made on hs were made on her notes. patient right of access in their sub by having access. paper carried an official report not, as far as he knows, the It took her 10 monthsc her 10 months, an d 17 mission s to the DHSS. The Patients Associat, whi ch co ntradicted this. T he origina l warning - was passed by letters, to achieve thisto achieve this simple The Na tional Consumer Coun told the Department it he Health and Safety Executive's own BNFL to the Nucl ear Installations correction. m. cil has told the DHSS that patients new regulations will pre preliminary investi gation had Inspectorate. Following his dis Cases like this, repor like this, reported in a should be able to see 'manual' as change in th e climate of , found th at up to 15 workers closures the NIl has begun new recent issue of BMA Newsue of BMA News Review, well as computerised records and so that patients can obta appeared to have met BNFI:s own checks on th e possible risk. explain why a growing nwhy a growing number of has called on th e Department to records without fuss. It s, criterion for conta mina tion. One Safety reviews of the kind that professional and voluntannal and volunta ry bod ies enco urage those who hold the it has found that many I man was suspected o f having re Mr Phelan worked on are sup now agree that pati entree th at pati ents should records to allow access to non want to see their records ' ceived th e who le of th e permitted posed to be carried out on all have a legal right to see angal right to see and correct comp uterised medical records. It they suspect something il annual expos ure to plutonium dur nuclear power stati on s when th ey their medical records. Sudical records. Such a right believes patients need to be told of or disagree able has been n ing the leak. Since the leak, notices complete 20 years of operat ion. would exist if th e Caixist if the Campaign's their right to see info rmation as about them - but th s threatening workers with the The reviews are not available to the Access to Personal Files) Personal Files Bill were soon as it comes into force and has suspicions also inhibit th e Official Secrets Act if they talk to publ ic. to be adopted. opted. asked th e Department to under asking. Some manage to " the press have been po sted in th e Such secrecy wou ld be unthink A limited right of acdted right of access, but ta ke "a major publicity campaign look" at th eir records - t plant. able in the US, where reacto r safety only to computerised computerised personal aimed at ensuring that all con feel guilty for having don e But th e most distu rbing revela studies are routinely released under records, will exist from Nwill exist from November sumers know who and how to Association adds: " It wi tion was the news th at the Sella the Freedo m of In formation Act. 1987 under the Da ta Pder the Data Protec tio n ask ". relief all round when this, field reactor, and ano the r at A ny weak nesses in the safety Act. A recent DHSS co necent DHSS co nsultatio n The National Co uncil for barrier to trust between do. Chapel Cross in Scotland , could be arrangements, or flaws in the paper proposes special reoposes special restrictions Volu ntary Organisatio ns has patient is removed by un ci destroyed - with devastating review, can be detected. One safety that would apply in reuld ap ply in relat ion to strongly endorsed pati ents' rights ed access". releases of radi oactivity - by-a study completed in 1975 was so co mputerised medical :rised medica l records. to th eir records, with restri ctions relati vely min or eart h tremor. widely criticised for its inade Though this right is limitthis right is limited it will only if there is a risk of serious Following the disclosure;-by a quacies th at the Nuclear Regula create a valuable precedevalu able precede nt which harm resulting from access, and "I know to Know What '~ consultant who carried out a safety tor y Commission ordered an inde may in practice graduallyractice gradually come to suggests th at if possible access File'; a special report lnci review in 1983, BN FL have pendent review of it two years later. apply to non-computerisenon-computerised records should be deferred, by agreement, ing the proposed Access I. acknowledged th at no safeguards The review found th at the study also. rather than prevented altogether. It sonal Files Bill is availab against seismic shock were bu ilt in was biased and that earlier. Th e British Medical lritish Medical Associa expressed concern at the fees the the Campaign, price £1.50 j to the reactors' design. criticisms "either were not ackn ow- tion, whos e view will be cose view will be crucial, is Department prop oses might be p&p. I The new I, law that only.you cllcan enforc~
From April 1 of this year the new Local Govt. (AGovt. (Access to Information) Act comes into fo It creates for' you new rights of access to in.ess to information from your town hall. It will only work, however, if people like yole like you enforce it by asking for the information or attending ttending the meetings. These new rights have been fought for -5ht for - it's up to you to use them.
Access to meetings Access to documt documents Councillors' rights I.The public may attend any meeting of a at the meeting eeting 9. Councillors may inspect any docu councilor of its committees or 5. At the meeting, a reasonting, a reasonable number of relating to forthcoming business provi sub-committees. copies of the agenda and ofgenda and of any reports does not contain certain of the catego likely to be considered in pulsidered in public must be exempt information. available for the use of the Ie use of the public attending. Exclusion from meetings The press Access to documt documents The press must be given reason: 2. The public must be excluded when the 10. facilities for taking and telephoning-ir meeting discusses (a) information after the meetin meeting reports. They are entitled to be sent il supplied in confidence by a government 6. After the meeting, the fneeting, the following advance copies of agendas, reports an department, or (b) information whose documents must be availablet be available for public the authority's discretion) other docur disclosure is prohibited by law or a inspection: supplied to councillors. court order. (a) the agenda (b) any reports considered in considered in public 3. The public may, by resolution, be (c) background papers relied papers relied on in preparing Inspection of excluded when the meeting considers any such reports exempt information. Fifteen categories of (d) minutes of the meeting, II'S your rigtighllO know! The Campaign 3 Endsleigh Street for Freedom London WCl ODD of Information Telephone 01-278 9686 I I 1 v 'Local Covt. (Access to Infornformation) Act 1985 Fal movement's fis first legislative success: Act in forforce from April New public rights of access to local authority meetings and of their meetings, th meetings, the public had no right to know what ,....------ documents come into force on April 11986. This is the date business was to be dis was to be discussed. Only the press were entitled when the Local Govt. (Access to Information) Act 1985takes to receive the agendave the agenda for a councilor committee meeting. effect. The 1985 Act extendsf Act extends this right to individual members of Previously, access to meetings and documents was govern the public. .lic, ed by the Public Bodies (Admission to Meetings) Act 1960 Even when they tu when they turned up for a meeting that was open and the Local Govt. Act 1972. While these did givethe public Local Government(Acces to the public, people iublic, people had no right to see reports that were to Information) Act 1985 some important rights they suffered from several major being discussed in theiscussed in their presence. In this, and other respects, C H" ' T !~ Documents The press are entitled to on payment of postage 0 Aguide to the new IMllegislation necessary delivery charges (a) agendas The new Act amends the Local Access to documents the proper officer, tlnroper officer, the report Other Information (b) reports likely to be cor Government Act 1972 by adding before the meeting or an important pam important part of the Councils must make publicly when the meeting is , 'eleven new sections to section 100 report is based, and rt is based, and available: the public. Before a meeting you are entitl (b) have, in his opinio, in his opinion, been (c) any further part of the 1972 Act. These are ed to inspect, copy, or be supplied (a) a register of councillors relied on to a materid on to a material extent necessary to indica numbered 100A to lOOK. with ' photocopies of, certain This must state the name and in preparing the repceparing the report. nature of agenda iterr The Lo cal ' G overnme n t documents. address of every councillor; the but do not include any pot include any published (d) if the proper officer thi (Scotland) Act 1973 is amended in T he documents must be ward or division each represents; works" [looD( 5)] virtually identical terms by new available to the public at least and the name and address of every copies of any other doc sections numbered 50A to 50K. "three clear days" before the member of each committee and about an item which ha meeting. Access to documents to documents sub-committee of the council. supplied to councillors. P ublic Right to Attend at the meeting meeting [1000(1)] If a meeting is called at less than Defamation Council Meetings three clear days notice, t he At the meeting itself, yomeeting itself, you should (b) a list of delegated powers A defamatory statemer You are entitled to attend any documents must be available from be able to obtain a copto obtain a copy of the This must specify those powers agenda and copies of anynd copies of any reports which the council has delegated to tained in a document prov meeting of a councilor any of its the time the meeting is called. the press (or the public) uru committees or sub-committees. relating to items likely to:o items likely to be con officers for periods of more than The documents to be available sidered in public. n public. [IOOB(6)J six months, and the title of the Act is protected by privile These meetings must be open to No action for defamati the public except where the public in advance of the meeting are: officer concerned in each case. succeed unless the staten has been specifically excluded dur [1000(2)1 (a) a notice of the meeting Access to documentsto documents (c) a summary of the public's shown to have been mad ing particular items of business as This must state the tim e and place malice. [ described below. [IOOA(I)] after the meeting re meeting rights of the meeting. [IOOA(6)(a)] This must describe the rights to After a meeting, you aa meeting, you are entitl attend meetings, and to inspect, Exclusion of the Public (b) the agenda [100B(I)] ed to inspect, copy, or be oect, copy, or be supplied An item which has not been copy and be provided with Obtaining documents (1) When the following types of with a photocopy of: hotocopy of: documents. "confidential informati on" would listed in an agenda made available (a) the agenda for the agenda for the meeting You can inspect any do be disclosed "in breach of the to the public in advance cannot be [1 [100C(1)(c)] available to the public urn obligation of confidence": considered at the meeting. The (b) any part of a rep' part of a report con Councillors' rights Act at the offices of the co (a) information supplied to the only exception is if there are sidered when the meeed when the meeting was A councillor may inspect "any "all reasonable hours". council by a government de "special circumstances" which open to the public [11 to the public [IOOC(I)(d)] document" (not just those listed as A council is not requ partment which the depart make it a " matter of urgency" that (c) a list of background of background papers "background papers") that relates deposit background paper: ment has stated must not be the item be considered. The special relating to such rep dng to such reports, and to any forthcoming business at a reports ready for inspec circumstances must be recorded in made public.. and IlooA(3 )(a)] copies of the baces of the backgro und council, committee or sub long as it has made arrang (b). information whose disclosure the minutes. [100B(4)] papers themselves rs themselves [100D(l)] committee meeting. However, a to provide them "as soo document can be withheld if it is prohibited by law or by a (c) rep orts for the meeting (d) minutes of the rneetiites of the meeting (sub reasonably practicable af appears to the proper officer to making of a request to court order. (looA(3)(b)] Reports must be availab le to the ject to the arran! to the arrangements public in advance. described below) tri bed below) [IOOC(I)(a)] contain certain categories of [them] ". I (2) When "exempt information" However, any report which in exempt information. You can copy any docum would be disclosed. Minutes [IOOF(l) and (2)] is available to the public un Councils may, but do not have to, the opinion of the "proper officer" These provisions do not restrict (nominated by the council for this If, as a result of eJ a result of excluding Act or require the council exclude the public from any part of any rights to information that vide you with a photoco purpose) is likely to be considered exempt information, the "formation, the minutes a meeting during an item of do not provide "a reasonrovide "a reasonably fair councillors have other than under which "a reasonable fee" : business when it is likely that "ex when the meeting is closed to the this Act. A councillor who can public can be withheld. [IOO B(2)] an d coherent record" of 'rent record" of the pro charged. [ empt information" wou ld other ceedings then an additiorthen an additional sum show a "need to know" has a com You may have to wise be disclosed. [looA{4)1 (d) background papers mary, which gives such reich gives such a record, mon law right to inspect "reasonable fee" for ins Fifteen categories of "exempt in When any report is available for must be provided. provided. uoocrm documents even if they contain ex background papers. No fee formation" are defined in the public inspection; empt information. [100F(5)] charged for inspecting an: Schedule of the Act. In general (a) a list of background papers Length of time documenlf time documents The press document available under t terms, these cover personal infor relating to the report, and to be available ilable I mation about various groups of (b) at least one copy of each Agendas reports and as reports and minutes Facilities individuals; information about the bac kground paper listed must be available for puavailable for public in At any meeting open to the Obstruction business affai rs of third parties; in must also be available to the spection for a period of sfor a period of six years public, the press must be provided A person who, withou formation which if disclosed public. after the date of the r date of the meeting. with reasonable facilities for tak reason, intentionally obstru would prejudice certain types of noocou ing their reports and (if the in exercising your rights to negotiations or the enforcement of Lists, and copies, of baclnd copies, of background meeting is on council premises or or copy documents, or who statutory requirements; informa " Background papers" are defined papers must be available foist be available for public on other premises where there is a to provide you with COl tion about legal and other formal as those which: inspection for a period n for a period of four telephone) for telephoning in their which you are entitled, is g proceedings; and information "(a) disclose any fact s or matters years after the day of the rr the day of the meeting. reports at their own expense. an offence punishable by a about crime prevention. on which, in the opinion of [looD(2)] [IOOA(6)(c)] up to £50. [ " More than 1,000 pack Lck London rally to call for repeal of Sectioction TwO in its 75th year r More than 1,000people packed a Rally to "celebrate" the 75th anniversary of the Official Secrets Act oxial Secrets Act organised hy the Campaign for Freedom of Information at The Friends Meeting House in January and hearanuary and heard of the experiences of those prosecuted under the Act and received promises from senior politicians to repeaUiticiansto repeal Section Two. Roy Hattersley, deputy leader of Servants, who said that senior civil cerned with gestures, butith gestures, but results, the Labour Party, firmly com servants supported repeal, and and if it took some cornprook some compromise to mitted Labour to repeal of Section freedom of information legis develop a consensus for n consensus for repeal of The Rt Hon Neil Kinnock, leader of the Labour Party, speaking at the 1986 Two and the introduction of Free lation. "It is the politicians, not the Section Two and the intrdwc and the introduction of Information Awards. dom of Information. majority of civil servants who wish of freedom of informaorn of information, he Both he and David Steel, leader to preserve secrecy and who have would not apologise for It apologise for that. of the Liberal Party, drew on the to commit themselves to reform", Peter Preston, editor Preston, editor of The Kinnock promises Ft Westland affair to illustrate the he said. Guardian, acknowledged I, acknowledged that the hypocrisy over secrecy. Sarah Spencer, General Secre newspaper had mishandleer had mishandled its part Mr Hattersley said that Freedom tary of the NCCL, talked of the in the Tisdall affair. He wedallaffair. He went on to of Information was a pre-requisite draconian nature of sentences say that recent secrets tr recent secrets trials had at Campaign'S awart of more effectiveadministration at under Section Two. Criminal trials local and national level. and sentences for actions that did David Steel told the Rally that not endanger national security Speaking at the 1986 Freedom of democracy,' "the use by Mrs Thatcher's govern were disproportionate. Information Awards, the Rt Hon Mr Kinnock said that th ment of the Official Secrets Act The Rally heard Sarah Tisdall Neil Kinnock, leader of the jectives should be suppoi has created a climate of fear and say that she had now become a Labour Party, firmly committed every democratic politic insecurity in Whitehall. It has volunteer helper of the Campaign himself and his Party to act when every democratic Party. reinforced the presumption that all from Freedom of Information, in office. "I therefore put it to the information should be secret and also heard from Clive Ponting "I repeat here the commitment Minister and to all others t unless an overwhelming case is how he had been prosecuted for no which I made on a number of time for an effective Free' made for publicity. greater offence than making avail- occasions since I became leader, Information Act has com, that the next Labour government Mr Kinnock presented th ~fj-.l'WJ-'t~~ will, as a matter of priority, repeal for the individual who hs Section Twoof the Official Secrets most for freedom of infor Act and replace it with a Freedom in the past year to Robin of Information Act that will pro the Conservative MP w vide a public right of access to in troduced the Local Gove The Rt Hon David Steel, leaon David Steel, leader of the formation held by government (Access to Information) P- Liberal Party, speaking at the rty, speaking at the Rally. while safeguarding materials He presented a special a' genuinely relating to national the American campaigner reflected the determinatic the determination of the security and other matters direct Nader, and to Prue Ste prosecutionto achieve coron to achieve confessions ly affecting the national interest, who resigned her posit in advance, and guiltnce, and guilty pleas, and, of course, protecting the Holloway prison in or because they wereafraid tlhey wereafraid that juries privacy of individuals:' he said. publicise inadequate fa would not convict under it convict under the Act. "OUf Freedom of Information there. The guest speaker fruest speaker from the Act will strike the balance between Media awards went to Gr United States, Ralph Nadeates, Ralph Nader, talked the liberty of the individual and "World in Action" an of the success of freedom ccess of freedom of infor the liberty of the community that Observer's David Leigh, ar mation legislation in that egislation in that country. should be the hallmark of modern authority awards to Lee' He pointed out that Finted out that FoI legis democracy. It will empower the Council and Calderdalc lation had to be enforcerd to be enforced by the citizen, makethe government more politan Borough Council. American Campaigner Ralph Nader holds in his right hand the Official Secrets Act and people themselves, for if iemselves, for if they did accountable, and strengthen our in his left hand a book called "Former Secrets" listing the information released under not use the legislation, ithe legislation, it would the US Freedom of Information Act. "Which would you prefer?" he asks. have no effect. effect. "Government has become more able information to a member of At the beginning of th beginning of the Rally, centralised and more Draconian, parliament - information that the the audience listened inte-nce listened intently to a with secret decisions secretly prosecution acknowledged in court presentation by BBC trion by BBC television arrived at:' The channel tunnel was did not endanger national security, journalist Vincent Ham Vincent Hanna and a 'monstrous example' of this. New Statesman journalist actor Julien Glover on thuen Glover on the history Jonathan Aitken, the Conser Duncan Campbell, another who of the Official Secrets Afficial Secrets Act. vative MP who has been prose had been prosecuted under the Afterwards Des Wilvards Des Wilson de cuted under the Act, was detained Act, took the view that the Cam scribed the event as "acome event as "aconsiderable in the USA, but sent a message paign was not sufficiently radical success". He pointed out He pointed out that for urging repeal of Section Two. in its demands, but Des Wilson, more than 1,000 people tm 1,000 people to pack a The Rally heard from John Chairman of the Campaign for Rally after relativelylittle or relativelylittle publicity Ward, General Secretary of the Freedom of Information, replied showed the public concthe public concern that First Division Association of Civil that the Campaign was not con- existed on the issue. III the issue. Neil Kinnock presents a special award to Prue Stevenson. Mr Kinnock (leff) with American campaigner Ralph Nader (centre) and Des Wils( The audience of more than 1,000 listen intently to speakers at the Rally in Friends Meeting House. man of the Campaignfor Freedom of Information. Section TwO after thr the westland aHa Let's be clear where we are Guardian has condemned approach, namely Iegih, namely legislation Third, Mrs Thatcher's first itself to this reform. at: excessive secrecy and called that creates a preeates a presump act when elected to the What a triump • At our 1986 Freedom of for reform. tion that all infortat all information House of Commons was to obstinacy over rations Information Awards, the • While senior jurists like should be available - )e available - unless introduce a Private Mem will be if the Prime Mi leader of the Labour Party, Lord Scarman have called for it falls within an arewlthln an area that bers Bill to open up local loses crucial votes b. Neil Kinnock, could not have the repeal of the Official any reasonable persononable person would authorities, and recently she she would not act wh, been more specific: "We wilt; Secrets Act "lock, stock and accept should clearshould clearly be supported further advances political and the I as a matter ofpriority, repeal barrel", ordinary members of exempted (like infored (like information on that legislation, to come interest coincided. Section Tho of the Official the jury in the Ponting case that would endangould endanger the into effect this April. The Secrets Act and replace it refused a conviction under security of the state). of the state). principle is apparently AjJ~ with a Freedom ofInforma Section 2, despite clear ad Incidentally, the pentally, the political acceptable at local level but The Westland tion Act. . . these objectives vice from the judge that they consensus includes ius includes many not at national level while she Leon Brittan did not should be supported by every should find Ponting guilty. Conservatives, someatives, some who is Prime Minister. Section Two of the 0 democratic politician of • Professional organisa have spoken out, but nken out, but most of Likewise, she and her Secrets Act, nor did hi every democraticparty . .. I tions representative of .whom unfortunately mfortunately remain ministers have accepted the servants, when he'll look forward to putting teachers and social workers silent, constrained \constrained by the need for a more open information during the pledges into practice at the have called for an individual probability of the Iity of the Prime approach on environmental land affair. earliest opportunity." right of access to personal Minister's disapprovar's disapproval. matters and have a Working Under the Official S • One day later the deputy files. How many times many times do we Party due to report on the Act, Ministers d leader of the Labour Party, • The Royal Commission have to comment on tli:omment on the irra issue shortly. whether information s Roy Hattersley, repeated the on Environmental Pollution tionality of Mrs Thai of Mrs Thatcher's Finally, she is trapped in be disclosed or not, an, promise at our Rally to mark has called for radical reforms vided they have approv the 75th anniversary of the to make more information disclosure, it is not Official Secrets Act. on environmental issues authorised" and thus I • On the same occasion available to the public. I)i),rl), offence. David Steel, leader of the • Some of our most respec ~ign The real offence, ther Liberal Party, repeated the ted former administrators, I"he (:a '" forI/III' was the hypocrisy - n promise he has made on including two former Heads that both he and M many occasions to "replace of the Civil Service, Lord 0 i* j; Z:J1'0rmad0 11 Heseltine, who had a J the Official SecretsAct with Croham and Sir Douglas Freed I the prosecution of a Freedom of Information Wass; have stated from their servant who disclosed legislation with exemptions vast experience that the time mation which did n< to cover information that has now come for greater danger the national set would endanger national freedom of information and and would have happil security." repeal of Section Two. Clive Ponting sent to I • David Owen, leader of the There is a national con - chose themselves, Social Democratic Party has sensus for action. involved in a sordid po written in our own news Yet the Prime Minister, in squabble within the Ca paper that ''freedom of the midst of the Westland to betray each other'! information legislation is crisis, when it had become on a daily basis. essential if we are to effec clear that in its 75th year Sec It could be said th: tively tackle our national tion Two of the Official Commeromment by Des Wilson end result was in the I problems." Secrets Act had lost all interest - that for on • Every civil service union credibility, still told the obduracy on this issuy on this issue: an impossible situation, public and, in particuh is a declared supporter of our House of Commons that the First, freedom of freedom of infor where Section Two is no shareholders of Wes Campaign. At our Rally the problem is that there is no mation is totally conss totally consistent, longer operable, because were given adequate General Secretary of the First accord on an alternative. indeed necessary, to thecessary, to the very there is little possibility that mation in order to Division Association of Civil Conservative ministers society ConservativesConservatives claim a jury will convict, as was their own judgement ( Servants declared its policy: have said this repeatedly to wish to achieve. 1 to achieve. This is shown in the Ponting case, issue. "~ do not believe in leaks. simply because their own why Thatcherites onatcherites on eco an1 as has been shown by the As campaigners for What we believe in is free Protection of Official Infor nomic and social polind social policy like absence of subsequent prose dom of information \'I dom of information legis mation Bill proved so un Sir John Hoskyns, Hr Hoskyns, Head of cutions, for instance in the have no part of a cam lation, with sensible exemp acceptable and unworkable the Institute of Directotute of Directors, say Cathy Massiter affair, or to condemn either of tions. It is the politiciansand that it was dropped. that freedom of inforndom of information over the publication by the for making inform not the civil servants' who It is not rational to say is a "pre-condition" 'e-condition" to the New Statesman of the available. Our critici: stand in the way." that because one's own ideas solution of so many t of so many of our Questions of Procedure for that their belief in an • Every organisation repre have proved unacceptable, problems. IS. Ministers. approach only coin sentative of the media from that there is no consensus for Second, freedom oM, freedom of infor So vital has this reform with their own political the NUJ to the British Guild action. mation legislation waseglslation was intro become to the interests of the ests, and is not reflec of Newspaper Editors, The consensus view is duced in three I in three major people of this country that it any other part of together with individual clear: it is that instead of the Commonwealth coumwealth countries, should be a major election ministerial record. If I newspapers including The negativeapproach attempted Canada, Australia, an, Australia, and New issue, and there is, in our public life suffers froi Sunday Times, The Obser with that piece of legislation, Zealand, by Conset, by Conservative view, no case for voting for disease worse than sec] there is a need for a positive administrations. .trations. a Party that will not commit is hypocrisy. rver, The---Times and The ------_. I Become a campaipaign supporter There are three ways you can help the Campaign for Freedom of NGOf Name Information: I First, (need we say it?) with money. The Campaign operates on Adm Address _ a small budget and needs every penny you can spare. Individuals .Is can become subscribers, and local organisations can become _le affiliates by subscription of £7.50 per year. But if you can afford rd I more, it's always welcome. Second, by taking up the issues yourself, or within your own Torn To: Campaign for Freedom of Information organisation. Join the campaign to repeal Section Two or to make 3 1 1