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Secrets No. 3 Newspaper of the Campaign for Freedom of Information Number 3 50p Top civil servants (past and present) contribute to drive for open Govt. The Campaign for Freedom of Information is pleased to announce that a number of distinguished former civilservants have accepted its invitation to serve on a panel of advisers. Conservative MP leads The panel, chaired by SirDouglas Wass, former J oint Head of the Civil Service (1981-1983) and former Permanent Campaign in Commons Secretary of the Treasury (1974-1983),will include: • Lord Croham, who, as SirDouglas Allen, was Head of the A Conservative Member of Bailey on a charge under Sec- Parliament, Jonathan Aitken, tion 2 of the Official Secrets Act Civil Serviceand Permanent Secretary of the Civil Service is to chair the Campaign's all- arising from his work as a Department (1974-1977)and Permanent Secretary of the party parliamentary advisory journalist and his coverage of Treasury (1968-1974). committee. the Nigeria crisis in the early • Sir Patrick Nairne, who was Permanent Secretary of the This committee will become Seventies. Together with the DHSS (1975-1981). active in the Autumn when the newspaper, The Sunday Tel- • Sir Kenneth Clucas, who was Permanent Secretary at the Campaign will be seeking to egraph, and its editor, Mr. Department of Prices and Consumer Protection (1974- promote its private member Aitken was acquitted and in his Lord Croham bills (see page 3). summing up Mr. Justice Caul- 1979) and Permanent Secretary of the Department of field made the suggestion that Trade (1979-1981). Mr. Aitken has himself had Section 2 should be "pensioned • Mr. Michael Power, who was an Under-Secretary in the the unique experience for a off" . Ministry of Defence (1973 to 1981). Member of Parliament of ap- The committee has 14 mem- pearing in the dock at the Old bers. • Mrs. Barbara Sloman, who was an Under-Secretary in the CivilServiceDepartment, subsequently the Cabinet Office (1975-1984). The Panel will be available to advise and comment on aspects of the Campaign's legislative proposals in the light of their own expenence. Itis hoped to add further to their number as the need arises Bill will be the for advice in specific areas. Jointly announcing this arrangement, James Cornford, Chairman of the Council for Freedom of Information, and Des Wilson, Chairman of the Campaign Committee, stated: focus for a "We are naturally very pleased to have accessto the advice Sir Kenneth Clucas of this group of former senior civilservants with such lengthy and invaluable experience in government. "We should make it clear that they are not only people of national debate distinction, but independence of mind, and we have not asked, By James Cornford nor would we expect, that they support all of our detailed objectives. (In this respect their position issimilar to that of our Thanks to an initiative by the Liberal leader , David Steel, a Freedom of parliamentary supporters, and supporting organisations, who Information Bill bas been given its first reading in the House of share our broad aims but not necessarily every detail of our Commons and has been printed. Of course, it stands no chance at proposals). present for lack of parliamentary time, but the importance of this step "Our preliminary discussions have demonstrated, how- is two-fold: First, the Bill will provide a focus for the national debate about bow ever, that they are unanimous in their view that Section 2 of freedom of information legislation should be introduced in Britain, The Official Secrets Act should be repealed, and that and what it would achieve. legislative action is required to create greater freedom of Second, we believe we have been able to incorporate in the Bill information. The fact that these busy people have gen- adequate answers to tbe fears expressed by the Prime Minister and otbers about the effects of such legislation. erously offered their time to advise the Campaign speaks for Sir Patrick Nairne itself 'of the depth of their concern about the extent of The Bill is a considerable advance on those introduced into the unnecessary secrecy, and we are much encouraged by this. " House by Clement Freud in 1978179 and Frank Hooley in 1981, not least because we have been able to exantine the legislation introduced in countries which share our constitutional tradition, sucb as Canada, Australia and New Zealand, and also learn from their early ex- First Division civil periences. The Bill has two main purposes: first, it establishes a right of access J by the public to official information, subject to specific exemptions; servants say 'Yes second, it repeals Section 2 of the Official Secrets Act 1911and replaces it by measures which protect specified classes of information where The First Division Association of ciation, the Socjety of Civil and disclosure would cause serious harm. Civil Servants has taken the unpre- Public Servants, and the In- Before listing briefly the main features of the Bill, I would like to cedented step of affiliating with an stitution of Professional Civil Ser- emphasise that the Campaign hopes there will be widespread discussion outside pressure group - the vants all passed resolutions at their of its provisions and that individuals and organisations will not hesitate Campaign for Freedom of Infor- conferences in support of the ! to offer critical comments. If we can improve it, we are anxious to do mation. Campaign, as did the National so. In this respect, our supporting and observer organisations are After a major debate at its Union of Public Employees. committed to the broad aims of the Bill but are also encouraged to seek annual conference, the Associa- In a remarkable tribute to the to improve or strengthen it. tion firmly committed itself to campaign, Alan Healey, chairman Sir Douglas Wass freedom of information, and then of the First Division Association With reference to the right of access, the Bill ... went on to decide to support the Machinery of Government Sub- political axe to grind. They know • enables individuals to obtain access to any official document held Campaign. Committee wrote in the Associa- their stuff, areserious-minded and by a central government department, health or water authority, If is now represented on the tion's journal: "We were favour- realistic in their expectations. We provided that it is not specifically exempt or already publicly Campaign's Council together with ably impressed with the approach found them willing to listen to available. Only documents created after the Bill comes into force representatives of all the other adopted by the Campaign. This is alternative argument and take on may be obtained under it. major civil service unions, for the certainly not just another board points about practical and • lays down the procedures for applying for and obtaining docu- Civil and Public Services Asso- campaign with a self-interested or ethical difficulties. " (continued on page 2) Fol Bill will serve as focus Hopes that an MP will for a national debate continued from page 1 ments. introduce Private • requires a reply to requests within 30 days. Where access is granted, the document must be made available for inspection and copying as soon as practicable. Where access is refused, the applicant must be told why, and has the right to appeal to an Information Com- MemberJs Bill on access missioner and subsequently to apply for,a review to an Information Tribunal. • requires the correction of any document found to contain in- accurate or misleading information about the applicant. to personal files • lists exemptions from disclosure, notably where disclosure would: (1) seriously impair defence, security or foreign relations, other than with the European Communities A Bill, drafted by tbe Campaign for Freedom of Information, to create access by individuals (2) assist in the commission of crime or impede law inforcement to their own personal files has been given its first reading in the House of Commons. (3) normally be protected by lawyer-client privilege Tbe Bill was introduced under the Ten Minute Rule Procedure by Chris Smith MP. (4)(a) give an unfair advantage to competitors of the party Mr. Smith hopes to win a top place in the Private Members Ballot in the autumn so that he concerned, or can obtain adequate Parliamentary time for the Bill, but if he does not achieve this, he hopes (b) impair the ability of the department or authority to obtain that another MP of any party who comes high in the ballot will adopt the Bill. similar information in the future The campaign has high hopes that it will receive enthusiastic aU-party support. (5) constitute an unwarranted invasion of an individual's privacy (6) reveal the advice given by an individual official on the making The Access to Personal Files Billwill may also appeal in the case of refusal. shaHbe exempt from disclosure unless of policy. allow individuals to obtain copies of, , Authorities will be required to draw access is reasonably necessary to en- Expert opinion on a scientific or technical issue or on the in- and where necessary require that cor- up codes of practice containing pro- able a proper understanding of the ,terpretation of information is not covered by the last exemption. rections be made to, information cedures to ensure that the objectives of document lawfully disclosed, or its Exemption for commercial confidences or personal privacy may be relating to themselves. the Bill are met. contents have been significantly af- over-ruled where disclosure would clearly be in the public interest. It will complement the Data Pro- Some types of information will be fected by a change made after this Bill tection Act 1984 which gives indi- exempt from disclosure under the Bill, comes into effect.
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