Newspaper of the Campaign for Freedom of Information

Campaign finds sweeping support for 'right to know The launch of the Campaign for Time', firmly supported Fol Freedom of Information has been legislation, and another senior widely welcomed by supporters of all Labour Shadow Cabinet member, How MP's may political parties, and by individuals Robin Cook, in his weekly column in and organisations the length and the Times, called for repeal of the promote Fol breadth ofthe country. Official Secrets Act. Parliamentary supporters have increased to 211. As we report on page 2, the legislation number of major organisations Support also came from The Campaign for Freedom of involved in the coalition has, in just unexpected quarters. Sir Douglas Information will this summer publish 15 weeks, increased to 47, and civil Wass, former Joint Head of the Civil a comprehensive Freedom of service and public sector trade unions Service, and Permanent Secretary at Information Bill, including positive are well represented. the Treasury, who in his Reith proposals for a statutory "right to lectures late in 1983 had condemned know" but also clauses to protect The three opposition parties have excessive secrecy, now went a step information which necessarily must taken every opportunity to further and identified himself with remain confidential. It will, therefore, emphasise their support and their both introduce a fresh and free the campaign. "I now believe the case approach to disclosure of information determination to act if elected to is made for repeal of Section 2 of the and also replace the Official Secrets office. Elsewhere in this newspaper, Official Secrets Act and the Act as a protective measure for Labour leader Neil Kinnock, in an introduction of legislation to give information exempted from exclusive article, expresses his greater public access to official disclosure. concern that the last Labour information", he said. Liberal leader, David Steel, has Administration "succumbed to the His conversion was welcomed by obtained leave to introduce such a Bill temptation, left the Official Secrets under the Ten Minute Rule procedure. The Times in a leader. It stated that It will be read for the second time on Act unreformed, a Freedom of "It is time the Whitehall Ice-Age Information Act unlegislated", and July 6 and be printed, but both Mr. came to an end." Steel and the campaign accept that "makes plain" that the Labour Party Other former senior civil servants there is little likelihood of success for will introduce Fol legislation if are expected to join ranks with Sir this initiative in the short term. returned to office. This promise, he Douglas Wass as the months pass. In order to further the cause of says, will be honoured, "as a In the meantime, civil service freedom of information as quickly as priority". possible, the campaign has recruited I now believe the case is made for repeal of union leaders have been outspoken. the support of a number of Members Liberal leader David Steel took the Gerry Gillman of the Society of of Parliament to introduce smaller almost unprecedented step for a Section 2 of the Official Secrets Act and Civil and Public Servants declared freedom of information bills on party leader of adopting the Ten that the lifting of the "curtain of specific subjects. These are: Minute Rule procedure to introduce legislation to give greater public access to official secrecy" was overdue. "Our support • Local Government (Access to a Freedom of Information Bill to the information.' demonstrates that it is not civil Information) Bill House of Commons. He ack­ servants who want secrecy: it is their To be introduced by Conservative MP nowledged that it stood little chance Sir Douglas Wass, KCB, Permanent Secretary to the political masters, who love to Robin Squire, Labour MP Allan of success at this time, but said he had manipulate the media presentation of Roberts, and Liberal MP Simon Treasury 1974-83, Joint Head of the Home Civil Servce issues and who fear that full exposure Hughes, it will give the public the introduced the bill "in order to draw 1981-83 right to attend local authority sub­ maximum attention to the issue of the facts will reveal how many of committee meetings, give the right of itself". Reaffirming his personal their decisions are taken through access to a variety of local authority support for freedom of information, prejudice rather than through documents, and lead to less secrecy in he said, "If ever there were a subject SDP leader David Owen Labour's shadow foreign rational discussion." Town Halls. It has considerable on which the collective will of emphasised the importance of secretary, Denis Healey, appearing Rodney Bickerstaff of NUPE support from many local authorities parliament should prevail over that of stated "the whole of British public already and some are even acting freedom of information in a with Des Wilson, chairman of the voluntarily. the government ofthe day, this surely conference speech on civil liberties Campaign for Freedom of life is dogged by excessive and • Access to Personal Files Bill is it". and the freedom of the individual. Information, on BBC's 'Question unjustified secrecy. We are To be introduced initially under the systematically starved of Ten Minute Rule procedure by Chris information about how, when and Smith MP, this will give individuals why central and local government access to information held in files take decisions...Democracy cannot about themselves, including medical, Early successes for Fol cause flourish in a climate which denies housing, social security, health, social The cause of freedom of issue, and 25 councils have already Friends of the Earth were citizens the right to make properly- information has already been sent financial contributions. responsible for the industry's informed choices. "NUPE, whose members work in "Freedom of information .... notably advanced during the As Maurice Frankel reports on decision that it needed to develop public services rife with 'behind opening weeks ofthe Campaign. page 7, within a month of the a credible position." is a commitment which will be closed doors' decision-making, honoured as a priority by the The advances correspond with publication by the Campaign of Since the Campaign was pledges its full support to the the Campaign's initial priorities - a Friends of the Earth report on launched, with its emphasis on the campaign to promote the case for next Labour Government." less secrecy by local authorities, secrecy and environmental need for individuals to have access statutory access to official files, and Rt. Hon. Neil Kinnock, Leader of the pollution, its views were Opposition, in an exclusive article for more information on environ­ to their personal files, a series of repeal of the Official Secrets Act and "Secrets", page 3. mental pollution, and access by comprehensively endorsed by the meetings have taken place with other restrictive laws." individuals to their own personal Royal Commission on representatives of the social Britain's most serious newspapers files. Environmental Pollution, whose have welcomed the campaign. The services, education, housing services, and Inland Revenue records, Chairman, Professor Sir Richard Guardian stated: "It is a more than On the Town Hall issue, the authorities, and health worthy cause: the campaign is being and also the opportunity to correct Campaign works in partnership Southwood, said on Channel 4 professions. The National Union organised with considerable inaccurate information. with the Community Rights News that of all the issues dealt of Teachers has published a intelligence and impressive support; • Water Authorities (Meetings) Act Project, headed by Ron Bailey, with by the Commission, secrecy discussion document in broad and perhaps most significant of all, 1984 should be considered the priority This Bill, probably to be introduced by who in a special Secrets File with accord with the Campaign's there is already a perceptible a Conservative MP, will apply the this newspaper reports that local problem. proposals, and the Inner London nervousness in Whitehall about its Public Bodies (Admissions to authorities throughout Britain Education Authority has given a chances of success .... The whole of Meetings) Act 1960 to all water have responded positively to a Pesticides Secrets firm lead to other authorities British public life is pervaded by authorities and repeal that section of the Water Act 1983 allowing water proposed Bill to open sub­ The magazine ENDS reports throughout Britain with a decision systemmatic secrecy and obsessive belief that the public should only be authorities to meet in secret. committees and make more that the pesticides industry has to enable parents to have access to informed in exceptional The Campaign also hopes to documents available to the public. decided to end 25 years of children's school files. circumstances. Democracy cannot introduce a bill to deal with secrecy in One local authority, Bradford confidentiality in pesticides Des Wilson, Chairman of the the area of environmental pollution, flourish in such a climate, which can possibly implementing the various City Council, has decided to safety. It has decided "that safety Campaign, told its Spring press only change if the presumption recommendations of the Royal implement all the provisions ofthe data for all pesticides currently conference that "while there is no changes in favour of the public's right Commission on Environmental Bill immediately, without waiting cleared...for use in the UK will be doubt that we need to have to know." Pollution (See page 7), and a bill to for legislation, and has had available to the public". The legislation to achieve adequate The Scotsman described the Prime deal with secrecy in the area of food and drugs. detailed talks with the Campaign magazine says that "In an freedom of information in Britain, Minister's view that availability of information would "undermine The Campaign believes these about the practicalities. interview on 23 January British we have demonstrated already initiatives will have widespread all- The main Campaign for Agrochemical Association Ministers, and, ultimately, party support and that until such time that much can in the meantime be Parliament" as "a well-rehearsed Freedom of Information has also Director, Chris Major, achieved voluntarily, and much as a major freedom of information piece of banal nonsense". Bill can be introduced in the House of received support from more than acknowledged that the 1984 also can be achieved by this The Times urged the Treasury and Commons, freedom of information 60% of those local authorities Campaign and a separate Campaign outside of the House of Civil Service Committee to investi­ can be substantially advanced by such which have so far discussed the pesticides campaign launched by Commons". gate the whole issue. measures. Civil Service unions help The Campaign for Freedom to strengthen Fol coalition of Information Since the launch of the Campaign for other democracies. This belief has some 2 Northdown Street, London Nl 9BG Tel: 01-278 9686 Freedom of Information in January, the justification". Supporting Organisations coalition has increased from 25 major At a press conference to announce the National Council of Transport 2000 Campaign for the organisations to 47, and applications from a support of the above trade unions, and the Voluntary Organisations Shelter Mentally Handicapped Town and Country BUAV National Union of number of other organisations are in the increased size of the coalition, campaign Planning Association CLEAR Students pipeline. chairman, Des Wilson, said that one of the Advisory Centre for Social Audit Writers' Guild of Of particular significance has been the major objectives for 1984 was to "consolidate Education Campaign for Press and Great Britain The Patients' Association Broadcasting Freedom Cancer Prevention enthusiastic support of a number of major and develop the coalition of both national The National Union of British Safety Council Society public sector and civil service unions, and local organisations in order that we have Journalists Fire Brigades Union National Union of Public a movement that can sustain the drive for as Community Rights National Graphical Employees including the Civil and Public Services Project Association Civil and Public Services Association (General Secretary: Alastair many years as are necessary. Legal Action Group Iron and Steel Trades Association Graham), the Society of Civil and Public "We have already demonstrated to the Friends of the Earth Confederation Society of Civil and MIND One-To-One Public Servants Servants (General Secretary: Gerry satisfaction of all objective commentators SOGAT '82 Gillman), the National Union of Public that there is a powerful case for action, and Observer Organisations Employees - NUPE (General Secretary: that there is overwhelming support for our National Consumer Earth Resources Church of England Board Rodney Bickerstaff). The Institution of cause. It must be clearly understood that the Council Research of Social Responsibility Professional Civil Servants (General campaign will not only continue but will Consumers' Association Scottish Consumer Prison Reform Trust The National Gas Council London Passenger Secretary: Bill McCall) is expected to follow. increase in intensity until its just and widely- Consumers' Council Friends of the Earth Transport Committee The support of these unions demonstrates desired objectives are achieved." National Council for Civil (Scotland) National Energy the widespread belief in Whitehall that He said that in addition to the coalition of Liberties Union of Shop, Efficiency Forum The Children's Legal Distributive & Entertainment Trades national organisations, expected to exceed 50 Centre freedom of information is not only a principle Allied Workers Alliance worthy of support, but perfectly possible. shortly, the campaign would now seek to Child Poverty Action National Council for the Group Welfare of Prisoners British Youth Council "There is a feeling that this is an issue build up a "massive network of local affiliate Gingerbread Abroad whose time has come", John Ward, General organisations". Separate campaigns would be National Federation of Guild of British Secretary of the First Division Association of launched in major cities. There was to be a Self-Employed and Newspaper Editors Civil Servants, told The Times after a substantial Scottish campaign. "We expect SmalLBusinesses meeting between the campaign and FDA affiliate organisations to be numbered in Council for Freedom of Information thousands". (The Policy-making forum for the campaign) representatives. The FDA will discuss the James Cornford (Chair) Leslie Chapman Martin Smith issue at its conference in June. This union has "On few issues has there been such a broad Des Wilson Ronald Lacey Ron Bailey already published a discussion document consensus on the need for action and that the Lord Morris Kim Stallwood Vincent Hanna Lord Avebury Charles Medawar Peter Gibson stating that those matters that should remain time is now. If there is any health left in our Bernard Donoughue John Wright Jenny Kuper confidential could be best protected by a democracy, the Prime Minister and her Harold Evans Geraldine Van Bueren W H P Whatley more open approach to all other information. colleagues will have to bow to public and Christopher Price Esther Rantzen Alex Henney Dame Elizabeth Ackroyd Liz Davies Julie Kaufman "To some extent leaks have been promoted institutional opinion sooner or later. Our aim Peter Jay John Winward James Tye by a belief that government in the UK is is to make it sooner." David Hall Jo Roll Dave Higgs Godfrey Bradman Ralph Jackson Neil Stewart obsessively secretive by comparison with Neil Mcintosh David Baldock Tom Berney William Bingley James Michael Arthur Ormond The Bishop of Birmingham Patricia Hewitt The Committee for Freedom of Information The Campaign's Objectives (The Campaign management committee) Des Wilson (Chair) David Hall Christopher Price The following are the objectives of Information Act to establish a disclosure where relevant. James Cornford Margaret Hyde Martin Smith the 1984 Campaign for Freedom of public right of access to official (e) To identify and seek to repeal James Michael Ron Lacey Jacob Ecclestone Information:— information, subject to those all unnecessary secrecy provisions Ron Bailey Neil Mcintosh exemptions required to protect in existing legislation. Charles Medawar Tony Smythe 1. Broad Objectives confidentiality genuinely necessary (f) To press for legislation to (a) To secure a statutory right of to the proper conduct of govern­ establish a right of defence in law All-Party Parliamentary Advisory Committee access to all information held by ment, its relations with other gov­ for those who disclose without Sir Bernard Braine (Con) Jeff Rooker (Lab) Dafydd Wigley government and other public sec­ ernments and organisations and authorisation information to which Robin Squire (Con) Robert Kilroy-Silk (Lab) (Plaid Cymru) Charles Irving (Con) tor bodies other than that for which there is, as above, a public right of Allan Roberts (Lab) Donald Steward (SNP) the privacy of individuals. Robert Maclennan (SDP) Michael Meadowcroft(Lib) specific statutory protection is pro­ (b) To press for legislation to access, or which is justified in the Ian Wrigglesworth (SDP) Clement Freud (Lib) vided, and to place on these bodies establish a similar public right of public interest. an obligation to disclose such infor­ access to information held by local International Advisers mation. government. Other Aims Ralph Nader (USA) SirGuyPowles Senator Alan Missen (b) To place upon organisations (c) To seek the repeal ofthe Offi­ (a) To encourage public and Harold Relyea (USA) (New Zealand) (Australia) in the private sector a statutory cial Secrets Acts and their replace­ private bodies to disclose such Lars Broch (Netherlands) G.W. Baldwin (Canada) obligation to give access to and to ment by an Act to give such protec­ information on their own initiative. disclose such information as may tion to official information as may (b) To alert the public to their Scottish Advisory Panel be required by the public interest. be necessary for national security. existing rights to information and Peter Gibson David Goldberg Donald McPhillimy (d) To monitor all Bills intro­ encourage them to make full use of 2. Legislative Aims duced into Parliament and to add those rights. House of Lords (a) To promote a Freedom of provisions for public access and The following Peers have indicated they "broadly support the campaign for measures to secure for all citizens access to information that they have a right and need to know, and measures to encourage greater disclosure of such information": What we will not seek Earl Amherst Lord Gardiner Lord Molloy Lord Ardwick Lord Gifford Lord Morris The 1984 Campaign accepts that an element of confi­ recommendation tendered for the purpose of policy­ Lord Ashby Lord Hatch Lord Perry dentiality remains necessary, and in particular this cam­ making. (This does not include expert scientific or tech­ Lord Avebury Lord Hutchinson Lord Pitt Lord Plant paign will not seek the disclosure of information that nical advice or background factual information.) Lord Banks Lord Hylton Lord Beaumont Lord Jacobson Lord Ritchie would:— Baroness Birk Lord Jenkins Baroness Robson (a) endanger national security; Lord Briginshaw Lord Kaldor Lord Scanlon (b) impair relations between the government and Fol in Australia Lord Brockway Lord Kirkhill Earl of Shrewsbury other governments or organisations; Lord Chitnis Earl Kitchener Baroness Stedman Senator Alan Missen, State of Victoria representative in Lord Stoddart (c) adversely affect the value of sterling or the the Australia Senate, and Chairman of the Senate The Earl of Cromartie Bishop of Lincoln reserves; Lord Darling Baroness Lockwood Lord Taylor of Gryfe Standing Committee on constitutional and Legal Affairs Lord Tordoff (d) adversely affect law enforcement or criminal which investigated every aspect of freedom of Lord Darwen Lord Lovell-Davis Baroness David Lord McCluskey Lord Willis investigations; information legislation before its introduction there, will Lord Wilson deliver a special lecture for the Campaign for Freedom Viscount Devonport Lord Mcintosh (e) breach genuine commercial confidentiality; Lord Ennals Lord McNair Lord Winchilsea of Information at the House of Commons at 6.00 pm, on Lord Winstanley (f) invade individual privacy; July, 17. Lord Evans Lord Melchett (g) breach the confidentiality of advice, opinion or Lady Ewart-Biggs Viscount Melville

Members of Parliament John Evans MP Doug Hoyle MP Allen McKay MP T. Patchett MP Cyril Smith MP The following Members of Parliament have stated that they "broadly Andrew Faulds MP Peter Hubbard-Miles MP William McKelvey MP Tom Pendry MP Peter Snape MP support the campaign for measures to secure for all citizens access to Frank Field MP Roy Hughes MP Robert Maclennan MP David Penhaligon MP Clive Soley MP Kevin McNamara MP Peter Pike MP Robin Squire MP information that they have a right and need to know, and measures to Mark Fisher MP Sean Hughes MP Martin Flannery MP Simon Hughes MP Bob McTaggart MP Ray Powell MP David Steel MP encourage greater disclosure of such information": Janet Fookes MP Charles Irving MP John D. McWilliam MP John Prescott MP Donald Stewert MP Leo Abse MP Gordon Brown MP Robin Corbett MP George Foulkes MP Greville Janner MP Max Madden MP Giles Radice MP Gavin Strang MP David Alton MP Robert C. Brown MP Jeremy Corbyn MP Derek Foster MP Roy Jenkins MP Dr. John Marek MP Martin Redmond MP Jack Straw MP Peter Archer MP Ron Brown MP Harry Cowans MP John Fraser MP Russell Johnston David Marshall MP Jo Richardson MP Dr Roger Thomas MP Paddy Ashdown MP Malcolm Bruce MP Tom Cox MP Clement Freud MP Barry Jones MP John Maxton MP Allan Roberts MP Jack Thompson MP Jack Ashley MP Norman Buchan MP Stan Crowther MP William Gamett MP Charles Kennedy MP Joan Maynard MP Ernie Roberts MP Stan Thome MP Joe Ashton MP Richard Caborn MP Lawrence Cunliffe MP Bruce George MP Robert Kilroy-Silk MP Michael Meacher MP George Robertson MP Richard Wainwright MP Tony Banks MP James Callagham MP Dr. John Cunningham Dr. John Gilbert MP Neil Kinnock MP Michael Meadowcroft John Home Robertson Jim Wallace MP Guy Barnett MP Dale Campbell-Savours MP Dr. N.A. Godman MP Archy Kirkwood MP MP MP Robert Wareing MP Margaret Beckett MP MP Bryan Gould MP David Knox MP Bill Michie MP Geoffrey Robinson MP Kenneth Warren MP Alan Beith MP Dennis Canavan MP Ron Davies MP James Hamilton MP David Lambie MP Ian Mikardo MP Allan Rogers MP Ken Weetch MP Andrew Bennett MP Alex Carlisle MP Terry Davis MP Peter Hardy MP James Lamond MP Austin Mitchell MP Jeff Rooker MP Dafydd Wigley MP Gerry Bermingham MP Lewis Carter-Jones MP Eric Deakins MP Harriet Harman MP Ron Leighton MP Alfred Morris MP Stephen Ross MP Alan Williams MP Sydney Bidwell MP John Cartwright MP Jack Dormand MP Robert Harvey MP Robert Litherland MP Dave Nellist MP Peter Rost MP Ian Wigglesworth MP Betty Boothroyd MP Dr David Clark MP Alt' Dubs MP Roy Hattersley MP Tony Lloyd MP Dr. David Owen MP Robert Sheldon MP David Young MP Andrew Bowden MP Bob Clay MP Alexander Eadie MP Eric Heffer MP Hugh McCartney MP Rev. Ian Paisley MP Richard Shepherd MP Roland Boyes MP Harry Cohen MP Ken Eastham MP Norman Hogg MP Oonagh McDonald MP George Park MP Peter Shore MP Sir Bernard Braine MP Robin Cook MP Bob Edwards MP Geraint Howells MP Michael McGuire MP Bob Parry MP Chris Smith MP Neil Kinnock David Steel Collective Commitment to Fol will be will should prevail honoured as a priority' "If ever there were a subject on In these times, as Judge Cantley only happen if the sources of those by expanding its information on serious inadequacies in the which the collective will of said as he sentenced Sarah Tisdall to good ideas, and the means by which those individuals... and locking the Government's protection of matters Parliament should prevail over six months' imprisonment under the they are communicated to the corridors of power even more firmly which genuinely concern this that of the government of the Official Secrets Act... in these times, public, are as open as democracy against the press and the people. country's safety. day, this surely is it", said you can't be too careful. itself. In Britain, we gave up the idea Of course, there are good reasons The temptation to protect oneself Liberal leader David Steel when In these times, indeed, loyal civil of buying votes a long time ago. But for keeping secrets. Some secrets. against embarrassment is precisely he obtained leave to introduce a why the introduction of a Freedom servants at GCHQ are told in the we still have not given up the idea The defence of our country demands Freedom of Information bill that the means of disseminating and protection for information whose of Information Act demands a name of 'national security' to accept under the Ten Minute Rule a £1,000 bribe, forfeit their right to influencing information can be left to release would threaten our national commitment to democracy in action, join a trade union - or suffer the vagaries of the market place and security. But in Britain today, we and a rational belief that the price of procedure of the House of dismissal without redundancy the preference of newspaper have laws and administrative protecting government against Commons in March. payment. proprietors. practices which at the same time fail embarrassment is worse Mr. Steel acknowledged that In these times, the Prime Of course, press freedom depends to protect national security government, while the benefits of there was little possibility of Minister's press secretary produces a on fearless journalism, on adequately - but which condemn opening government to public success with his Private Members seven-page memorandum which independent editors, on the brave scrutiny outweigh the perils of initiative at this time, but said "I includes a proposal for 'remedial men and women who break through embarrassment. The present have accepted the request to action with troublesome journals our secretive society. But it can be Government, by all its actions, reveals that it has no such introduce the Bill in order to whether national, provincial or helped, or hindered, by draw maximum attention to the Government. And a Freedom of commitment to democracy, no such specialist'. measure itself". In these times, the New Information Act - support for which faith in open debate. Statesman's investigative journalist, is being so effectively mobilised by I regret that the last Labour Duncan Campbell, falls off his the 1984 Campaign - would Government succumbed to the bicycle and wakes up to find that the materially assist any journalist who temptation, left the Official Secrets police have confiscated the papers he takes the responsibilities of a free Acts unreformed, a Freedom of carried with him and obtained a press seriously. Information Act unlegislated. But search warrant to look for more. But a Freedom of Information Act the Labour Party's commitment to a In these times, leak enquiries are would do even more. A legal right to Freedom of Information Act has almost weekly events - while leaks obtain information is part of the been reinforced, by conference from Ministers themselves occur process of transforming balance of resolutions, by the 1983 Manifesto as daily. power in our society - away from well as by the detailed Bill published In these times, Government has central government, towards those in 1978. While the drafting no doubt stretched its tentacles into! the who are governed. How would the needs further discussion, the personal lives of every citizen, while Act assist? By enabling the essential principles are there. hugging its own secrets safe against representatives of the people, in the Firstly, it places the duty on public scrutiny. House of Commons, to obtain the government to make information They are not unrelated, these information - now denied them - 6 available to the public, unless developments in the first few months which would enable them to 1 regret that the government can satisfy an independent arbiter that access of 1984, in the fifth year of Mrs challenge and scrutinise the last Labour Mr. Steel said: "I do not Thatcher's Government. government of the day more should be denied on specified It has been clear for some time rigorously. By enabling the Government grounds. expect the Home Secretary to that the Government of Britain has representatives of the press to wean Secondly, it provides proper join us today because it is not in been reduced from collective counsel themselves away from Ministerial succumbed ... left safeguards for information relating the nature of governments for and collective responsibility to a leaks, off-the-record briefings and the Official Secrets to national security, foreign their members to do so, but I single individual who believes that the other inducements of a secret relations, defence and criminal believe that the government have arrogance is strength, that obedience system; to obtain their information Acts unreformed...' investigations. to be convinced that, whatever must be a condition of Government as of right and to obtain, thereby, Thirdly, taken with our proposals the immediate advantages to appointment, that independence of the means of exposing what on personal privacy, it ensures that governments of secrecy, their personal information about thought is dangerous. This social governments would prefer to hide. policies will be more fully By enabling the people themselves - individuals is protected against philosophy of control was manifest considered, better understood, in the withdrawal of civil liberties as citizens, as parents, as local and those whose only offence is to unauthorised and unjustified from civil servants at GCHQ. It national campaigns on the embarrass the Government. Sarah disclosure - and, in turn, that more acceptable, and more pervades the thinking of Ministers environment, on nuclear weapons, Tisdall was prosecuted and convicted individuals have the right (within the readily implemented if they who tell teachers to stop peace on industrial pollution, on transport for sending the Guardian details of limits needed to protect, for allow parliament and the public studies, who tell priests to stick to policy and a host of other matters - Michael Heseltine's plans to instance, national security and greater participation in policy­ religion. All of that is typical of a to obtain the information which 'manage' public opinion as Cruise criminal investigation) to the con­ making. Government that believes that alone can empower them effectively weapons arrived in Britain; tents of their personal records. Great Britain is at the moment citizens and their freedoms are a to challenge and to judge information which even the I have already made plain my own quite firmly among that class of commitment, and that ofthe Labour hindrance to the running of the governments. prosecution admitted it was in the democracies in which the For in our modern society, public interest for the Guardian to Party, to the introduction of a country. government's privilege to conceal I am a democratic socialist information is power. And we are publish. But the prosecution and Freedom of Information Act. It is a because I believe that democratic witnessing an increasingly conviction, under the same Act of commitment which will be is apparently valued more highly practice allows bad ideas to be authoritarian government, Parliament, of Michael Bettaney, honoured, as a priority, by the next than is the people's right to overcome by the good. But that can centralising its control on individuals revealed - not for the first time - Labour Government. know."

Campaign Comment The Sarah Tisdall Affair

On March 23 a 23-year old junior civil servant in the have to be able to work together in circumstances of respect - this, rather than excessively punitive measures, private office of the Foreign Secretary was sent to prison trust, whether in Whitehall, in local authorities, or is the path towards both a more healthy and open for 6 months for an offence under Section 2 of the anywhere else. It follows that when individuals decide to democracy, and to improved security where it is really Official Secrets Act. She admitted that she leaked two break the rules and leak confidential information, they necessary. confidential documents to The Guardian newspaper. must expect to answer for their actions - to their own 4. There should be a "public interest" defence. The case aroused considerable public controversy, over consciences, and also to their associates. Perhaps they Under Section 2 of the Official Secrets Act, all the the Attorney-General's decision to prosecute under the can justify the leak. If not, there may be a price to pay. prosecution has to do is prove disclosure. Motivation is Act, and also because of the severity of the sentence. What we cannot accept, however, is that leaks that do irrelevant. The campaign's proposed legislation would The Campaign for Freedom of Information's position not endanger the national interest and are not define those occasions when leaks are justified in the on this case is as follows: perpertrated for corrupt purposes, should be the subject public interest, and leakers would have the opportunity of criminal prosecutions, let alone that people should be to employ that defence both in internal disciplinary 1. Prosecutions under a discredited Act are unacceptable. sent to prison for such offences. Such leakers can be proceedings and in court cases. We do not say that the The Franks Committee, set up with the specific brief to adequately dealt with by internal disciplinary courts would have accepted a "public interest" defence in examine Section 2, concluded in 1972 that it was "a procedures, with the ultimate sanction, if it is justified, this case but there should have been the opportunity. mess" and should be repealed. "Its scope is enormously of dismissal. Therefore, the Campaign condemns the sentence on wide. Any law which impinges on the freedom of 3. Such punitive measures do not enhance the cause of Miss Tisdall because: information in a democracy should be much more tightly confidentiality. (a) it does not believe Section 2 of the Official drawn." This view was unambiguously endorsed by both We believe that people should, on the whole, respect Secrets Act should be used - it should be repealed; the present Attorney-General, Sir Michael Havers, and confidences. The problem is that secrecy in Britain has (b) it does not believe leaks of this kind should be the present Home Secretary, Leon Brittan, when they become so indiscriminate that confidentiality has lost all subject to criminal prosecution; were in opposition. It is a widely-condemned piece of serious meaning. We believe the best way to achieve (c) it does not believe this is the best way to achieve legislation. The case for its repeal, and the demands for necessary confidentiality is by maximum freedom of better security where it is genuinely needed; its repeal, are so substantial that it is unacceptable to use information, with tightly-defined exemptions. In this (d) Miss Tisdall was denied the opportunity of a it in any circumstances; it is sheer hypocrisy for earlier respect we endorse the view of the First Division of Civil "public interest" defence and thus had no option critics like Sir Michael and Mr. Brittan in particular to Servants who state: "To some extent leaks have been but to plead guilty. have any part in its use. prompted by a belief that .... the UK is excessively Apart from these factors, it is clear that the sentence was 2. Such leaks should not be treated as a criminal offence. secretive by comparison with other democracies. This out of all proportion to the offence. The Campaign by no means believes that indiscriminate belief has some justification." There will be respect for The case, therefore, reinforces the need for our breaches of confidence are desirable. Of course people the law, and for the rules, when they become worthy of campaign. Trust when governments behave openly When leaks and honourably—Sir Douglas Wass "public * On May 11 Sir Douglas Wass, former Permanent establishes the public's entitlement. they had accepted a trust - and by the Secretary at the Treasury and Joint Head of the Civil Without such a provision government consequences of that behaviour. will continue to exercise an arbitrary We must be careful before we interest Service, wrote a book review* for the Times Educational discretion on what they will publish denounce such people out of hand. Three Appeal Court judges recently and what they will not. lifted a court ban on publication by the Supplement and developed his views on secrecy, and also The United States Code of Ethics for Daily Express of information leaked to it on leaks. This is an edited version of that article: government servants asks them to by a whistle-blower on the failure record Legitimate Secrets expose corruption wherever it of the intoximeter, the main breathaliser appears and to "put loyalty to the machine used in Britain. 'Why is it, to parody Mark Twain, that difficult administrative issue of the But if these are the obligations highest moral principles and to The documents showed that on the eve everybody is in favour of openness identification of those documents which should be laid on government, country above loyalty to persons, of the 1983 Christmas crackdown on and nobody does anything about it? within an otherwise open file which what are the obligations which ensure party or government department". drinking and driving, the Chairman and Perhaps it is all very much more should be protected - those for to those on whom the government Company Director of Lion Laboratories This is not of course a charter for - makers of the intoximeter - was telling difficult thatn everyone thinks, and instance which contain both factual has to depend for the preservation of whistle-blowers and leakers, but it we cannot improve on the status quo. and advisory material. My own its legitimate secrets and of the his own staff that many of the machines acknowledges that there may be a did not comply with Home Office Openness of course has experience in government tells me privacy of its internal deliberations? higher duty than the one we in this standards and it might have to be disadvantages to government which how few documents fall neatly into Whistle-blowing and leaking are country ask our public servants to withdrawn. go beyond the legitimate arguments one or other of these categories. And well-developed practices in the accept without qualification. Perhaps For 18 days the Daily Express was for secrecy. To share information I know too how unsatisfactory it United States and are seen as having the difference between the prevented from publishing some of the with its critics complicates and slows would be to the public reader to have a legitimacy which is more fiercely Americans and ourselves is not all leaked material until the appeal court down the administration of access to a file from which all the contested here. (Whistle-blowing is that great. But Dr Ellsberg did not go ruled otherwise. Lord Justice Griffiths government. Some facts can be very subjective and evaluative material defined as the unauthorised to prison as did Ms Tisdall. We must said "A campaign to put pressure on the uncomfortable, and their disclosure had been removed. It is small wonder disclosure of information judged to authorities is a very important and be almost alone in the civilised world essential function of the free press and we can give succour to the government's that the right of access which the be of public interest by someone who in invoking the criminal law to stop would be all the worse for it if the press opponents and make the public has been given in certain identifies himself and takes the leaks irrespective of the nature of the were unduly inhibited in this field." maintenance of policy difficult. Many countries has been exercised mainly consequences of his action; leaking is injury caused or of the intentions of Lord Justice Stevenson said "The of them cannot be concealed, and outside the area of public policy; the the same thing done anonymously). the leaker. Mens rea does not apply to public should know" of the views of the governments have to live with the greatest demand has been for the The entrusting of secrets to a Section 2 of the Official Secrets Act Chairman of Lion Laboratories. "It must discomfort they entail. But quite a lot disclosure to the person concerned of person who accepts the trust should and it is this, together with its be right that the public should know that of "facts" become known only to his personal file - the documentation command a loyalty and a discretion offensive catch-all quality, which has Lion's senior research chemist had government, perhaps by virtue of its by government departments and of an almost transcendent kind, at apparently certified machines in 1982 as attracted so much criticism. complying with Home Office standards ability to command information local authorities of information about both the personal and the collective when they were imperfectly calibrated." itself, and the temptation to suppress the individual - the social security level. The area of speculative interest Unjustified Law those facts which are uncomfortable, beneficiary, the applicant for public lies in the word "almost". When and simply because they are funds under some discretionary in what circumstances should the It is not inappropriate for the State uncomfortable, is as difficult to resist scheme and so on. trust be broken; should it only be to protect its own security and MIND calls in public as in private life. Knowledge broken openly as the whistle-blower integrity by employing the sanctions after all is power, and power-sharing Information Audit does; and what should be the of the criminal law. the offence of is not something which comes penalties for breach of trust? treachery has for long been treated as for the facts naturally to politicians. It was these considerations which a crime nearly everywhere; and the use of the law to protect information In a special report for the Campaign for Even so there are several areas of led me to argue in the Reith Lectures Trust Under Strain Freedom of Information, MIND has that the most cost-effective way of whose disclosure would endanger the government which cannot easily be State follows logically. But to build complained of secrecy surrounding the opened up without some danger to giving the public the policy My "almost", in a democracy marketing of minor tranquillisers, such as documents it needed would be to which has a form of open government upon that provision by applying the Ativan, Valium, Mogadon, and the security ofthe state and some loss criminal law to leaks which are to the effectiveness of station an expert and independent on the lines I have advocated, is very Dalmane. These drugs, all varieties of presence in government departments nearly 100%. Having given his word, merely embarassing is quite one chemical compound called administration. Even the countries unjustified. The law does not allow Benzodiazepine, are taken each year by which have practised a form of open identifying for publication the the trustee obliges himself to keep it, important policy material of a factual very nearly whatever the other victims of breach of trust to 14% of the adult population. government for a long time, like have recourse to the criminal law. MIND says that people are not being Sweden, find it necessary to allow the and analytical kind. It is my belief circumstances. But there are told: that the number of government circumstances where the trust could though their embarrassment may not withholding of much information be less. The sanction of the • that minor tranquillisers may be from the public. The Franks documents (personal files apart) be put under almost intolerable addictive which have to be published to ensure disciplinary code, as Franks Committee here, which was strain, where for instance it placed recognised, is adequate in such cases, • that they have distressing and concerned with the use of the an open democracy is relatively him in the position of being an whether the offender be an employee potentially dangerous side-effects criminal law to protect secrets rather small. The great bulk of government accessory to some illegal or of the Crown or of ICI. The deterrent • that people who taken them are five than with freedom of information, documents are really rather boring unconstitutional act or to some action effect of a prosecution must be times as likely to have accidents and humdrum; and it is not surprising which did violence to deeply held • that they impair memory and found that there were certain infinitesimal where the breach of intellectual functions domains, like defence, internal that most are destroyed on the human values. In "An Enemy of the trust by an otherwise loyal person is occasion of the periodic reviews People", Dr Stockman (another • that they are only effective for a short security, the currency and Cabinet dictated by conscience - the most time memoranda, not to mention matters permitted under the Public Records Scandinavian) justifies his whistle- imperious mistress of all. The • that they are particularly hazardous for of confidence where the private Act 1958. So I continue to favour the blowing on the authorities preservation of trust can only be elderly people individual or business was concerned, idea of a statutory audit of public responsible for the pollution at secured with any confidence when • that withdrawal from these drugs has which ought to be preserved from papers by an independent authority Molledal by appealing to the wider governments behave honourably, known physical and psychological effects public view, at any rate if Ministers responsible to the House of public interest. So did Daniel openly and without deviousness and • that withdrawal from them may be Commons. A minister who defied the Ellsberg with the Pentagon Papers. deceit.? more difficult than withdrawal from decided that their revelation would heroin cause serious injury to the nation. audit would have to justify his action More recently we have had the case to the appropriate Select Committee. of Sarah Tisdall. All these people felt • that research studies suggest an (Interestingly, Franks thought it right *Secrets: On the Ethics of increased risk of birth defects in relation that Ministers should be the sole I am, however, now persuaded that that their trust had been over-ridden Concealment and Revelation, Sissela to babies whose mothers took the drugs judge of what would cause such there ought to be a statute which by the behaviour of those from whom Bok, Oxford. during early pregnancy injury, but that is another, albeit debatable, matter). But what of the unexemptcd material, information about the efficacy of drugs used by the National Health Service, the hazards of nuclear power, the condition of our Local democracy and Fol - by Chris Price stock of public housing? Why should not the public have legal right to sec The links between secrecy and the for longer, have detailed control over privatisation here for a slightly higher government secrecy, it will be that the papers and consider the undermining of local democracy are money and manpower, decisions and rate cap there; and the citizen who much more difficult for local implications ofthe evidence? I do not made by former MP, Christopher the reasons for them which were pays his rates and taxes will never journalists to find out what's going on believe that it is possible to deny that Price, a member ofthe Campaign for previously out in the open will go know what's going on. There'll be no and report it. right and be consistent with the upholding of the democratic ideal. Freedom of Information: underground. For civil servants (who national security involved - the Take the really big issue of London But the practice is difficult, and the have signed the Official Secrets Acts) secrecy will be necessary to cover up Transport. Hitherto there has been public debate which is now under way At the heart of democracy is will not just prescribe limits of the manifest absurdity of a civil an unprecedentedly wide public should focus on the practicalities - accountability; and every time that spending and manpower, they will servant, working in Whitehall and debate about fares and services. The and the costs. democracy is eroded, accountability engage in three or four months of living in Surbiton, making detailed GLC have now established a level of Countries which grant their goes out of the window and a wall of haggling and blackmail behind the decisions about spending money in fares which is an acknowledged citizens a statutory right of access to secrecy comes down between the scenes before those limits of spending Manchester, Leeds and Bradford. success. But what of the future? the unexempted current records of people and the facts. are arrived at. It will be quite Manpower Services Commission London's buses and tubes are going government have not found it easy to First, through privatisation, each impossible to make accountable the and its ever widening powers is to be run by an anonymous, devise a satisfactory system. It is out civil servants who take these, possibly undemocratic quango. Under of the question to allow the public to time a local authority service is another important case at issue. roam through the registries and filing moved from workers directly quite capricious, decisions - except Large areas of the education system present rules, not even MPs will be warehouses where government employed by the Council to a private perhaps by taking the minister to are now being given over to the MSC. allowed to ask questions about its records are kept. Some index or company, it becomes that much more court. The police, the fire service, the Under the old regime, information working in Parliament. catalogue has to be maintained and difficult to find out what's going on. Inner London Education Authority about education and training was Government ministers - in their displayed, and to be a useful guide to The doctrine of 'commercial in will in fact be run by publicly-paid comparatively easy to come by. But carefully orchestrated campaign - are the public it must be both accurate confidence' begins to operate. This bureaucrats who will be less the MSC is run by civil servants who soothingly advising the public to trust and informative. I doubt if most doctrine was always intended to help accountable to the public than ever have signed the Official Secrets Acts; Parliament. But, particularly on departmental indices and catalogues companies compete in the private before. Journalists who could once and many of them interpret this as small details, Parliament is now quite meet these desiderata, and I suspect attend committees as of right will preventing them telling the press unable to control the central that this has been the experience in market; but when 100 per cent of countries like Australia and the their revenue comes from the hence be subject to bureaucratic anything. For instance, there are government bureaucracy. MPs, United States. We should almost ratepayer and taxpayer, it becomes grace and favour for any information many problems with youth training - unlike local councillors, have no right certainly have to spend far more than an extremely difficult doctrine to they receive. trade union membership, the rights to go into the office and see the we now do on librarianship in justify. What is less often understood is of young people in the scheme papers. Even when they are allowed government departments. Perhaps With the abolition of the GLC and that rate-capped local authorities - compared with those in employment, to ask questions (and that right is we should take advantage of the the Metropolitan counties a whole though still keeping the trappings of the accountability of managing strictly limited) they have to rely on confluence of Information new range of quangos are to be independence - will be in exactly the agents. There have been deaths and ministers' answers - which are often Technology and Freedom of appointed. Some of them will be same position. They too will have to serious injuries, without any clarity as so 'massaged' and cosmeticised that Information to change the whole negotiate with anonymous civil to who is responsible. It is an area in they convey no information basis of government record keeping- 'joint boards" of local authorities; or with great benefit to future that is how the government is servants before they have any idea of which, if supervised within a whatsoever. historians. presenting them. But because which service they can continue to democratic system, there would be So the destruction of local But even if this big technical anonymous civil servants will, at least run; they too will be subject to some mechanisms for opening up democracy will also mean the end of problem could be solved, there is the for the first three years, and possibly backstairs pressure to trade a little scandal. Within the framework of local sources of information. 5 61 out of 61 were SECRETS FILE N?4 breaking the law A spot-check survey of local council might improve the range and An Update on authority practices in 61 areas of the quality of its information provision." country revealed that all 61 councils And the City of Manchester City were failing to carry out some of the Council said that it intended "as a existing (and inadequate) legal matter of some urgency - to compile a Secrecy in obligations to make information full list of all those documents which available to the public. the public has a statutory right to see The Community Rights Project and lay down specific instructions for research team made a number of departments on how requests for such The Town Hall requests, including to see the information." Council's by-laws, to see published The Royal Borough of Kensington Published by the 1984 Campaign for Freedom of Information, (2 Northdown Street, information on terms of council and Chelsea wrote that it was London Nl 9BG) and the Community Rights Project (157 Waterloo Road, London SE1) tenancies and repairing duties as a "arranging for the production of a landlord, to see the council's complete list (in alphabetical order published information on services for and cross-referenced) of all the blind, dumb or otherwise documents that the Council are handicapped or chronically sick, to required to make available for public Encouraging response see the register of residential homes perusal. Copies ofthe list will be held for the disabled, elderly and mentally in every public access point. ..and will ill, to see the register of statutory not only indicate what documents are local plans prepared under the Town available but also where they may be and Country Planning Act 1971, to found." from councils to see a copy of the council's own Blackburn Borough Council Standing Orders, to see a copy of the promised that "the procedures for the map of sewers and drains in the area, dissemination of information from # to see a copy of the list of "listed within the council should be reviewed buildings", to see a copy ofthe record with a view to identifying areas, if any, 'open-up proposals of councillors' expenses, and to see a where the fullest information appears list of metropolitan roads in the area. not to be available". There has been an encouraging response from many local authorities to proposals made to them While the Community Rights by the Community Rights Project, supported by the Campaign for Freedom of Information, for a Project hoped the research would In breach of the law more open approach. highlight the inadequacies of the 8 Times: • Many local authorities are not even waiting for legislation. Bradford City Council has decided availability of information and make Barking, Hammersmith, Salford, to voluntarily adopt all the provisions ofthe Campaign's draft legislation immediately, and many the issue of secrecy more relevant to Stockport, Sefton. other local authorities have taken decisions to open sub-committee meetings, make available local people, the project also 7 Times: emphasised in letters to the local Ealing, Kingston, Merton, City, documents more freely, and to publicise details of the public's rights of access to both meetings authorities that it wished to be Greenwich, Chelsea, Wandsworth, and documents. constructive. It hoped local Bolton, Knowsley. • Many more local authorities have indicated that they will support freedom of information authorities would respond positively 6 Times: legislation for local government and will willingly take part in a public debate about the detail of to the research, and most did. Bromley, Croydon, Hillingdon, the legislation. Acknowledging the research the Redbridge, Hackney, Lambeth, Metropolitan Borough of St. Helens Trafford, Calderdale, Solihull, • Over 50 councils have declared support for the national Freedom of Information Campaign, went further and said "if you have Wolverhampton, Gateshead. and 25 have made financial contributions. available any comprehensive list ofthe 5 Times: Ron Bailey* reports:- various items which, in your opinion, Bexley, Harrow, Havering, should be made available to the Hounslow, Waltham Forest, On December 1, 1983, we launched information) an issue the length and councils refused to support the public, would you please provide a Islington, Lewisham, Manchester, our plans for legislation to make local breadth of the country. Behind those Campaign, and in two areas, copy so that, if necessary, appropriate Kirklees, Leeds, Liverpool. authorities more open. Just over a two aims lay a basic philosophical Stockport and Coventry, we received action can be taken to ensure their 4 Times: month later the Campaign for approach: the Community Rights a very hostile reaction. availability". Brent, Enfield, Richmond, Sutton, Freedom of Information was Project sees itself as an initiator in Stockport refused point blank to The London Borough of Havering Southwark, Tower Hamlets, launched, with support for greater this campaign, perhaps a headline- meet, nor did they reply to letters, promised that "the issues raised in Westminster, Oldham, Tameside, public access to local authorities as catcher, an organiser, an and their public relations officer, Mr. your report will now be looked at." Wigan, Bradford, Birmingham, one of its main aims. A few months information-gatherer, and publiciser, Brendan Murphy, responded by And the Metropolitan Borough of Coventry, St Helens, North later the whole atmosphere at local and as a resource, but essentially we saying that he simply didn't believe South Tyneside said "We are taking Tyneside, South Tyneside. level has already changed - for the feel that the best hope of success lies the survey had been carried out steps to remind the various 3 Times: better! in relating the campaign to the (Stockport had failed to provide departments of the Council of their Bamet, Haringey, Newham, Bath. The Local Government (Access to everyday lives of hundreds of local information in 8 out of 10 cases). responsibilities for these matters". 2 Times: Information) Bill, promoted by the organisations and thousands of Coventry's Policy Advisory The London Borough of Islington Camden, Bury, Newcastle-Upon- Community Rights Project with individuals everywhere, and thereby Committee invited us to attend a said that its relevant committee had Tyne, Sunderland, Bristol. support from the main Campaign, is "touching off action, discussion, meeting to "promote meaningful decided to "report back upon how the not yet law of course, but already pressure and even local campaigns all discussions" but our representative Town Halls are changing practices, over the country. That is our concept was so haranged that Coventry's Our spot-check survey also us and we will publish the results with policies, and procedures. Some of a truly national campaign. We feel newspaper, The Evening Telegraph, prompted similar surveys elsewhere. you jointly." We readily accepted councils have declared their support also that the more involved we can called their behaviour "irrational" The South Wales Argus, the Watford and a report will be published shortly. for the principles embodied in the make local individuals and and "appalling" and commented that Observer, Radio Sussex, and the Tony Whiting, however, was not draft Bill, some have suggested organisations, the more the successes it "shocked and embarrassed the Bromley Times, all carried out their satisfied with this, and discussed in improvements, and some are trying will be meaningful to those people. people at the meeting". own surveys and confirmed our minute detail how the draft Bill could to implement some or all of the Bill As I report separately on this page, Although not hostile, some other findings. be incorporated into the council's already. Local councils will never be many councils responded positively councils refused to respond Finally, a brief report of what has Standing Orders. All the specific the same again. How has it to our report on Town Hall illegality. positively: happened in Bradford (more details reasons for restricting information happened? Many investigated the complaints, "Southampton Council has fought on the following page): were defined. Mr. Whiting's report First, in addition to the two and others took immediate steps to off a strong move to open the doors of Following the publication of on new Standing Orders for Bradford national launches, there were deal with the problems we had its secret sub-committees to the "Illegality in Your Town Hall" we City Council giving total effect to the regional launches of our campaigns in exposed. public". (Southampton Evening met the council's chief executive, provisions of the draft Bill was Birmingham, Manchester, Leeds, "/ am investigating why it was that Echo). Gordon Moore, and its senior unanimously accepted by the Newcastle, Bristol and Glasgow. At you were unable to obtain the Moves to allow the public into a communications officer, Tony Management Services Committee on all of them the Community Rights information.... Thank you for council's decision-making meetings Whiting. Their response was direct: April 3. A "hung" council, with the Project publicly appealed to local drawing the matter to my attention" have been turned down". (Newcastle- "Compile a list of everything that Conservatives as the largest single authorities in those areas to support was a positive reply from the City of Upon-Tyne Journal reporting on a should be available and then go and party, has thus given a lead to every the draft Bill in principle. We also London Corporation, and it was only meeting of Durham County look for it. Write up a full report, with other local authority in the country. pointed out that local authorities one of many. Council). recommendations; discuss these with need not wait for legislative changes- Others immediately responded they could amend their own Standing even more positively. For instance: Orders and change their practices "To demonstrate its support this now. All councils in the areas we council intends to increase access Three MPs to introduce new Bill visited were written to and asked to immediately by the public and The Community Rights Project all- Many local authorities have in first draft at present) has come from consider this. resolves to open all meetings of sub­ party team of Robin Squire already indicated support, or have the London Boroughs of Hackney, Prior to these meetings, the committees, working groups and (Conservative), Allan Roberts requested more information, and Lewisham, and Islington, from Community Rights Project's panels of this council to the public... (Labour), and Simon Hughes many have said that they are alreadj Bristol and Newcastle-upon-Tyne researchers had already been busy. A (and) that any resolution to exclude (Liberal), plan to introduce the Local meeting some of its provisions. City Councils, from Tyne and Wear, list of documents that councils were the press and public from committees, Government (Freedom of Support for the principles of the West Yorkshire, and Derbyshire required to publish or make available sub-committees etc shall only be used Information) Bill to the House of draft Bill (and the Community Rights County Councils, and from Yeovil to the public was drawn up, and CRP to protect personal privacy (and) that Commons under the Ten Minute Project emphasises that this is all it and Northampton District Councils. researchers, Jane Haywood, Neil any local government elector shall be Rule procedure shortly. has asked for so far, for the Bill is only McClenaghan and Scot Wilson, able to inspect and make a copy of any visited Town Halls all over the report relating to any item that appears country asking to see the documents. on the public part of the agenda of any The results were unexpected. We had committee." (Letter from London Over 50 councils back Fol action expected to reveal some inadequacies borough of Hackney) Over 50 local authorities throughout The following have been the financial £100 Midlothian District Council or to expose some bad practices, but Another instance: Britain have voted in full Council to contributors so far: £75 West Lothian District Council in fact not one of the 61 Town Halls "My council decided it would support the Campaign for Freedom of £500 West Yorkshire Metropolitan £50 Cleveland County Council we visited was actually carrying out inform local MP's of its strong Information in its efforts to achieve an Fol County Council £50 Cumbernauld & Kilsyth District its full obligations under the law (see support and would call upon them to Bill and repeal of Section 2 of the Official £500 Middlesbrough Borough Council Council separate story on this page). work vigorously for more open Secrets Act. £300 Blackburn District Council £50 Inverclyde District Council The purpose of the launches and government at both central and local At the time of going to press 25 had £150 Bristol City Council £50 Stevenage Borough Council our report "Illegality in Your Town level.." (Borough of Newcastle- made financial contributions to the £107.50 St Helens Metropolitan Borough £30 Barrow-in-Furness Borough Council Hall" - was to highlight the Under-Lyme). Campaign. Council £25 Clackmannan District Council The Association of Municipal £100 Derbyshire County Council £25 Nithsdale District Council inadequacies and also to make Not all local authorities responded Authorities' Policy Committee has £100 Derby City Council £20 Islwyn Borough Council secrecy (and thus freedom of so positively, however. Some recommended broad support for the £100 Pendle Borough Council £20 Badenock & Strathspey District campaign objective of freedom of £100 Lothian Regional Council Council *Ron Bailey organises the Community Rights Project, the sister organisation information legislation. A Campaign £100 Glasgow City Council £7.50 Nuneaton & Bedwprth Borough to the Campaign for Freedom of Information, which is playing the leading role speaker has been invited to the AMA £100 Inverness District Council Council in the local government campaign. This is the first of a number of CRP reports. conference in the autumn. £100 Kyle & Carrick District Council £7.50 East Kilbride District Council The best so far ••• A special report on those In May 1983 local authority elections This was an important step forward were held throughout England and taken nearly six years ago, which Wales. In Bristol, the Conservative recently assisted Bradford City Party included a commitment to open Council in its decision to take a new councils giving a lead on government in its election manifesto; national lead and adopt all the in Basildon (Essex) the Labour Party principles of the proposed Local did likewise. Both parties secured Government (Access to Information) majorities on their respective Bill in its Standing Orders. freedom of information councils - and both have kept their In Bradford the council's promises and introduced measures communications officer worked with The Community Advisory Group is Winchester Leeds City Council giving the public greater access to the Community Rights Project to the research arm of the Community City Council advertises meetings of Proposed a Code of Practice to information. Making freedom of draw up standing orders that would Rights Project and is permanently the council, committees and some increase public access to council information an election issue is a give total effect to the provisions of engaged in investigations into the sub-committees in the local press - in information. welcome initiative. the new Local Government (Access ways whereby councils make or fail to the entertainments page. A copy of make information available to the this notice is printed opposite. Hackney London Borough Middlesborough District Council to Information) Bill. Council has taken some unusual and quite The most far-reaching and difficult public. Blackburn exceptional initiatives in both public to implement is the clause that gives Their investigations have already Borough Council publishes a full Open all sub-committees, working participation and access to the public the right to inspect internal unearthed a number of good timetable of its meetings in its groups and panels to the public. information. Not only has the research data etc collected in its name practices by some local authorities. monthly newspaper which is Exclusive resolution only on the Housing Department attempted to but usually locked in town hall filing As a positive step, we are therefore delivered to every household in the grounds of personal privacy. Electors decentralise its management offices, cabinets. pleased to publicise the 'good news', borough. given right to copy reports on public part of agenda, names and addresses the Housing Committee itself has set The following new standing orders and would be pleased to hear from Congleton up area sub-committees to manage were agreed by the Bradford City other local authorities giving a lead Frome council circulates reports be­ of councillors to be publicised, the large council housing estates. On Council's Management Services on this issue. ing discussed at committee meetings a publish notice informing public of each of these committees there are Committee on 3rd April 1984: (1) Notification of Meetings week in advance of the meeting, so their rights. tenant representatives who 1. NEW STANDING ORDER that the press "have approximately City of Manchester Council and participate in the decision making MINUTES By law, notification of all council and one clear week to comment upon Royal Borough of Kensington & about their estate. We were shown Minutes of Council, Committee, Special committee meetings must be posted matters coming before the committee Sub-Committee and Sub-Committee Chelsea around some of the estates by the on a council's Notice Board three of the council". This practice can only Both compiling lists of all documents meetings must be available for inspection clear days before the meeting takes stimulate public discussion and by council; we met and talked with the by any member of the public at all that should be available and then tenants, who informed us that they place. (Public bodies (Admissions to informing the public of the issues to reasonable times. Anyone may receive a Meetings) Act 1960). Some councils be decided upon, increase the taking steps to make them accessible felt they had really been involved in copy at his own expense. to the public. the decision regarding modernisation 2. NEW STANDING ORDER fail to carry out this duty; others do relevance of attendance at meetings. of their estate. They were given AGENDA AND REPORTS post notices but make no mention of architects' reports and drawings and Agenda and reports, except those marked the public's right to attend, and of (2) New Initiatives as a result (3) Other Good Practices the designer discussed the plan with "not for publication", must be available what reports and agendas the public of the current campaign The Borough of Barrow-in-Furness them in detail. One ofthe results, one for inspection by members ofthe public at can see. already implements a number of all reasonable times. This should be at By contrast some local authorities tenants' leader said, was that tenants least three days before meetings take Tyne & Wear County Council open government practices, but feel that the estate is their estate and place and for a month after they have go to some trouble to inform the Admit public to most sub-committees, perhaps the two most unusual and so "there's very little vandalism here taken place. Reports marked "not for public of their rights: some of these panels, working groups. Extend interesting are firstly that a period of caused by our residents". publication until the date ofthe meeting" are mentioned below. rights to inspect minutes. Publish list 30 minutes is available at the end of In a further move "aimed at taking must be available for inspection from that Redbridge of councillors and summary of rights each Council Meeting when any local government out to the people" date. Anyone may receive a copy of these London borough council has a large of electors. Amend Standing Orders. member of the public, having given agenda and reports at his own expense. Notice board outside its town hall in the council's full housing committee Basildon District Council written notice, can ask questions on recently met in a church hall on one of A reasonable number of agenda and Ilford High Road. On this board the any topic affecting the area and reports, apart from those marked "not for council posts a monthly notice of all "all information can be made publicly the council's housing estates. publication at any time", must be supplied available, including an individual's secondly that a similar facility is given Committee chairperson Bob Brady meetings that the public can attend to the public at the end of meetings of free of charge to members of the public with the comment that "you can access to their personal file unless it is explained that "because the council attending meetings. specifically decided to restrict it by each council committee twice a year. wants to involve local people in the 3. STANDING ORDER attend committee and education sub In Stevenage, Hertfordshire, a CONFIDENTIAL REPORTS: PRESS committee meetings" printed clearly. class of exclusion on individual workings of the Town Hall every decision". practice, abandoned some years ago, opportunity will be given for the AND PUBLIC The place and time of the meetings is of holding "public meetings on public to have their say...all the plans (a) Reports may be marked "not for clearly stated, as is the information Bristol City Council matters of interest to electors, has and information about the proposed publication until the date ofthe meeting" that "a note of the items to be Open all sub-committees to public; been restarted with encouraging or "not for publication at any time." discussed in public can normally be exclude public only when necessary new housing will be on display before Where reports are marked "not for results". The council also "issues a the committee meets and officers will seen at the Town Hall and libraries to protect privacy, commercial free magazine which deals with issues publication at any time" one of the from Friday afternoon of the confidentiality or public interest; be on duty to talk to anyone who has following reasons must be stated on the names and addresses of all of interest to the local electorate". any questions. I hope that members document: previous week". Finally, and most unusually the A clear and informative notice, councillors to schools, libraries, post of the public will join councillors to i) That disclosure of terms which the offices etc. council "takes a further step of see what is proposed and to ask Council are prepared to accept might posted in a conspicuous public place. circulating Part II (i.e. confidential) questions and express their views and prejudice their position in negotiations Avon Camden London Borough agendas". How different this is from make comments. concerning land, property, goods or County Council also publish a list of the practice of many local authorities services or with trade unions, Council In the report 'Illegality in Your all council, committee and sub Committees asked to "consider of not only discussing matters ii) That disclosure might prejudice the committee meetings and the council's Town Hall' published by the Council's position in legal proceedings, whether further action should be (perhaps quite justifiably) in Community Rights Project in iii) That disclosure of spending estimates practice is to admit the public to all of taken in respect of the services under confidential session, but also of not January 61 local councils were all for a specific item might benefit a them. However, some sub­ their control". allowing the public even to know the committees which discuss personal criticised for failing to keep a register contractor or supplier, Metropolitan Borough of St topics under consideration. of air pollution information under iv) That disclosure would infringe matters such as child care cases will Gedling Borough Council in personal privacy or give confidential usually exclude the public at the Helens Sections 79 and 82 of the Control of Officer, or officers, be made Nottinghamshire told us that not information about the financial beginning of the meeting. Avon's only are committees and sub Pollution Act 1974. commercial or industrial position of a responsible for the dissemination of Coventry City Council have now practice is to announce the meeting committees open to the public but person or of a business, and invite the public but indicate on information and arrangements made compiled a full register of v) That disclosure of an employee's salary to direct the public to correct person also that "since inception in 1974 no information collected, and have or conditions of service or disciplinary the notice that the first item on the resolution has been passed by the agenda is likely to be the exclusion of when seeking information. council or any of its committees and become probably the only council in action taken against an employee would Wakefield Metropolitan District the country to actually have an air infringe personal privacy. the public. This practice establishes sub-committees to exclude the press pollution register open to the public. (b) The Press and public will be admitted two important principles: first, the Council and public from any meeting". A rare Coventry's initiative on pollution, to all Council, Committee, Special Sub- public's right to see what is being Public given access to committee and occurrence in our experience. Committee and Sub-Committee done in their name unless there are sub-committee minutes and reports West Yorkshire County Council however, goes further than that. meetings. They can only be excluded by a As far as we have been able to specific reasons to the contrary; being discussed in public part of informed us that they have resolution which must state a reason in (a) second, exclusion must be by specific ascertain Coventry City Council is above for their exclusion. meetings. Publication of summary of "extensive procedures for public the only local authority in the country 4. NEW STANDING ORDER decision rather than general policy. public's rights. consultation above and beyond those with a proper public consultative (a) Except where he has an interest, a required by statute. To give but two committee. member can inspect and make copies of about any matter to be discussed in public action taken against an employee would examples the county council has such The real test of "a council's overall any internal document including at that meeting except: infringe personal privacy. procedures in relation to all proposed memoranda, letters and interim reports: (i) personal files on individuals such as (b) After the meeting takes place Traffic Regulation Orders and all access to information policy lies Council employees, housing tenants and perhaps in its attitude to public i) about any matter on the agenda of a members of the public can inspect and proposals by the County Council for Council meeting or of a meeting of any applicants, Social Services clients, copy at their own expense any internal the deposit of waste". Consultation attendance at its meetings and to the Committee, Special Sub-Committee or schoolchildren, applicants for loans or document about any matter discussed in general availability of reports and Sub-Committee of which he is a member grants. public except: is, in our view, the stable mate of public access to information and we other documents. As long ago as 1978 except: (ii) officer reports prepared for political (i) personal files Hillingdon Borough Council decided - personal files on individuals groups. (ii) officer reports prepared for political feel strongly that this initiative that the legal justification for holding - officer reports prepared for political (iii) where the appropriate officer feels groups deserves both praise and further meetings in secret was far too wide. groups of which he is not a member that: (iii) where the meeting has resolved that, investigation. In our researches into On 3rd July 1978 they therefore ii) which he needs in connection with his - disclosure of terms might prejudice the in the public interest, specific or all local authority practice a common duties as a member. In this case he must Council in negotiations concerning land, internal documents about a matter on the complaint that we have heard from decided that "all reports before apply to the City Solicitor first. Committees and Sub-committees be property, goods or services or with trade agenda should not be made available for local authority members is that not (b) The City Solicitor can prevent unions. public inspection. The resolution must dealt with in public except where it inspection of documents which might be only are they often denied - disclosure might prejudice the Council's stale one ofthe reasons in (a) (iii) for not information but that they are actually can be demonstrated that the protected by privilege arising from the position in legal proceedings. making internal doucments available. interests of the council or an relationship of solicitor and client. - disclosure of spending estimates for a excluded from the most important (c) The City Solicitor can prevent public decision-making body ofthe council - individual or organisation would be 5. NEW STANDING ORDER specific item might benefit a contractor or inspection of any internal document which substantially prejudiced by the (a) After the agenda for a Council, supplier. he believes it would not be in the legal the Policy Committee or Policy and publication of the matter Committee, Special Sub-Committee or - disclosure would infringe personal interest ofthe Council to make public. He Resources Committee. In the light of concerned". And it was further Sub-Committee meeting has been privacy or give confidential information can also prevent public inspection of any this Standing Order B2(8) of Fenland agreed that items could only be dealt published but before the meeting has about the financial, commercial or internal document which has been District Council makes a welcome taken place members of the public can industrial position of a person or a communicated to the Council in contrast: "members of minority with in the confidential part of inspect and copy at their own expense any business. meetings "if they meet certain specific confidence if he feels disclosure would not groups shall be included in the internal document, including - disclosure of an employee's salary or be in the public interest. guidelines." memoranda, letters and interim reports, conditions of service or of disciplinary membership of the Policy and Resources Committee". Report by the Community Advisory Group with assistance from the Joseph Rowntree Charitable Trust and the Calouste Gulbenkian Foundation. Secrecy and Environmental Pollution SECRETS FILE N?2 Protecting the Polluter Royal Commission endorses a legal "right to know' . r^-.T."SSjSSS s i:~~:iSEH 3 : 111=3= SS 'SSI35 : Less than a month after the •£SB!S :"..,--.• ;;;.;'.r r:'/.;. ability to understand and present a that the release of technical data The Royal Commission .Sri 3TJ"S^ S^S Campaign for Freedom of technical case 'compare favourably might cause the public to take fright - recommends that all pollution Information and Friends of the Earth with those of officially sponsored a view the Royal Commission clearly legislation should include disclosure Secrets File No 2 on secrecy and published Secrets File 2 on secrecy researchers'. To withhold thought rather less enlightened. The provisions modelled on the so far environmental pollution, produced and pollution, its views were information on the grounds that 'the Royal Commission reported that it unimplemented sections of Part II of by Friends of the Earth, is an 8-page reinforced by the Royal Commission public' will be unable to interpret it understood why industry was anxious the Control of Pollution Act 1974. report available from the Campaign on Environmental Pollution, chaired was 'neither a tenable nor an about disclosure, but thought the These will require water authorities for Freedom of Information for by Professor Sir Richard Southwood. acceptable position'. problems were given 'quite to make available a public register £1.00, incl p&p. Since its second report, published iCl told the Royal Commission disproportionate emphasis'. containing information about all in 1972, the Royal Commission has that free access to information would Reviewing the progress made in regulated sources of pollution. It repeatedly questioned the need for generate pressures for tighter, the 12 years since it first reported on recommends that the discretionary secrecy about environmental perhaps unnecessary, controls. The enviromental secrecy, the Royal powers that local authorities pollution. Its 10th report includes a Royal Commission recognised that Commission concluded that it was presently have - but generally do not major review of the problem and this might be so but did not consider it 'not satisfied that the tasks set... have use - to disclose air pollution data on An Industry concludes that most of the secrecy is justified secrecy. The CBI argued been tackled systematically enough a register should be made mandatory. unnecessary, interferes with proper that disclosure might lead to common or with sufficient urgency'. This has public debate, and causes law actions for injunctions. The prompted the Royal Commission to Statutory secrecy clauses such as opens up... considerable mistrust of industry and Royal Commission pointed out that it recommend a programme of that applying to the Industrial Air pollution authorities. was the duty of the courts not to grant statutory reforms that closely Pollution Inspectorate should be In a forthright declaration which injunctions when the case was resembles those called for by the removed. Information should be The pesticides industry has the authorities will find hard to without merit: 'We have no reason to Freedom of Information Campaign withheld only where disclosure would conceded that the present level of ignore, the Royal Commission suppose that the courts will fail in and Friends of the Earth at the involve a national security risk or secrecy about pesticide hazards is supports the view that there should their duty'. beginning of 1984. the release of trade secrets. unacceptable and has announced that be new statutory rights of access to Some authorities had suggested However, the decision on trade it is prepared to discuss ways of information about pollution. 'We see that disclosure of information might secrets should be properly overcoming it. The British no case for withholding from the prove unduly expensive. The Royal substantiated and not 'merely left to Agrochemicals Association (BAA) public information which regulatory Commission suggested that if record the authority's discretion or the firm's acknowledges that its change of heart authorities are entitled by statute to systems were designed in a way that veto'. Polluters would have to satisfy has been prompted by the Freedom took the public need for information the Secretary of State of their case for of Information Campaign's disquiet into account access could be provided withholding information and would over the issue and the launch of Friends of the Earth's campaign for Reports on this page without burdensome administrative receive certificates of exemption - to costs. be reviewed regularly and withdrawn new pesticide controls. by There has been some - though not at the earliest opportunity. At present, all the safety and environmental data submitted by Maurice Frankel enough - progress towards openness The Royal Commission thinks it since the Royal Commission's will be necessary to allow authorities manufacturers to the government's original report on the problem in to receive some information in Advisory Committee on Pesticides receive or obtain'. Information 1972. Some water authorities have, confidence. This is data such as the (ACP) is kept secret under a formal should remain confidential only in with the firms' permission, released results of internal research or plans to confidentiality agreement. The exceptional cases where genuine information about effluent quality - expand or close down a factory which resulting secrecy is taken to such trade secrets or national security but the Royal Commission regretted an authority has no formal powers to extreme lengths that even the might be at risk. that the statutory duty to provide demand, but which firms may industry is now embarassed by it. The The report reviewed the major such information, although enacted sometimes voluntarily provide on the ACP will not release the results of arguments advanced, mainly by in 1974, has still not been assumption it will not be further safety tests or discuss the hazards industry, in support of implemented. The Industrial Air disclosed. Enforced disclosure of this they may have uncovered. It will not confidentiality. It clearly felt that the Pollution Inspectorate (IAPI) now data could inhibit firms from even say whether particular kinds of most sensitive issue was the possible adopts a 'far more open approach' volunteering it, and deprive the safety tests have or have not been loss of trade secrets. Yet it pointed than it did in 1976 when the Royal authority of useful background data. performed. It is known that some out that even in countries such as the Commission rebuked it for The Royal Commission mistakenly pesticides were originally cleared for US where considerable access to 'misguided' policies on information. assumes that 'institutionalised use in the UK on the basis of invalid pollution data exists, there were very Yet the IAPI is still prohibited by law freedom of information' would lead data from a US laboratory known to have fabricated results. Although the few examples of companies learning from publishing details of factory Professor Sir Richard Southwood, to a drying up of such information. In anything useful about their pollution without the firm's consent, fact the judicial interpretation of the ACP says that all faulty data has been Chairman of the Royal Commission or is being replaced it has refused to competitors from such disclosures. an 'obsolete and unnecessary' on Environmental Pollution. US Freedom of Information Act, the They added that in any case, restriction which the Royal Australian Freedom of Information identify the pesticides concerned, pollution authorities' records rarely, Commission thinks is 'wrong in The Royal Commission's central Act, and the Campaign for Freedom and has never warned their users. if at all, hold sufficient detail to be of principle'. Local authorities such as recommendation is an emphatic call of Information's own proposal all The industry has traditionally genuine value to competitors. 'Only Birmingham, Manchester and for what is, in effect, freedom of exempt from disclosure information claimed that secrecy is necessary to on exceptional occasions' would it be Coventry are praised for the steps information in the field of which, if released, would prejudice prevent competitors making free use justified to withhold pollution data they have taken to publish environmental pollution. 'We an agency's ability to obtain such data of their safety studies when on trade secrecy grounds, and the information, but the Royal recommend that a guiding principle in the future. registering rival products. But in 1979 onus should be on the polluter to Commission is disappointed that few behind all legislative and Too often in the past governments the Royal Commission on substantiate the need for such authorities have used their recent administrative controls relating to have claimed to believe in openness Environmental Pollution cast doubt secrecy. statutory powers to disclose pollution environmental pollution should be a about environmental matters but on whether this argument was always The Royal Commission rejected data. Parts of CBI policy are presumption in favour of unrestricted excused their own inaction on justified, commenting that the the view that the public has no real welcomed as reflecting 'increasingly access for the public to information grounds of the costs, impracticalities secrecy 'tends to become a reflex interest in technical data about enlightened attitudes' - the CBI which the pollution control or other supposed disadvantages of action, without specific reference to pollution, no competence to interpret accepts that the public 'needs to authorities obtain or receive by virtue disclosure. After this report the the question of whether commercial it, and no real 'need to know'. It drew know' when environmental quality of their statutory powers, with authority will be hard pressed to find interests are truly at risk.' The Royal attention to 'the growing standards are not maintained or when provision for secrecy only in those any legitimate excuse for allowing the Commission urged the ACP to professionalism' of many industry fails to meet its legal circumstances where a genuine case secrecy to continue. review its confidentiality policy, so environmental organisations, whose obligations. But the CBI also argued for it can be substantiated'. that it applied only when secrecy was genuinely necessary.

Secrets File could achieve quick results The Friends of the Earth report on the neighbourhood. new category of documents. - with some effort - now be able to at Work Act to be amended to environmental secrecy has already The report called for the removal These are the follow-up letters learn of the contents of such remove this restriction. In its place, had major repercussions (including of secrecy clauses from that the DoE's hazardous waste reports. However, the Minister inspectors would be put under a the Royal Commission report and environmental legislation, except inspectorate write to a waste avoided giving an absolute positive duty to make publicly pesticides industry concession where they are needed to protect disposal authority about problems guarantee that all WRC reports available all relevant information reported elsewhere on this page). genuine trade secrets, and an end to found at a waste site. would be handled in this way. In about health or environmental The FoE report concluded that all-embracing confidentiality reply to a parliamentary question he hazards - and to warn those who secrecy prevented the public from agreements between industry and Contaminated water noted that 'there may be occasional may be at risk. learning about the risks they faced pollution authorities. It proposed a Another disclosure in secrets File 2 exceptions where considerations of A reply to a parliamentary and the adequacy of official statutory public right of access to was that the DoE had commissioned confidentiality arise'. question on March 29th suggested controls. Most of the limited environmental information and a research from the Water Research that the government is now disclosure measures proposed in the new duty on industry and Centre (WRC) about the levels of Secrecy clauses considering this proposal. past have either been ignored or authorities to warn of any health or hazardous chemicals in drinking Secrets File 2 reported that Health Employment Minister John ineffectively implemented. As a environmental hazards. water, and other environmental and Safety Executive (HSE) Gummer announced that 'in result the public is often denied questions. Unlike most WRC inspectors are prevented by law environmental matters the information about air and water Post-inspection letters reports, these were on a 'restricted from revealing to the public without presumption must be in favour of pollution discharges from industry, In reply to a complaint about the list' and not available to the public. the owner's consent information openness rather than secrecy' and the levels of contamination in possibility that asbestos waste Following this disclosure, William that they obtain about hazards from said that he was asking the Health drinking water, the hazards of dumped on a site in Lancashire Waldegrave has also agreed to particular factories. This secrecy and Safety Commission's advice on pesticides, the causes of oil spills, might contaminate water used by deposit copies of these and future clause is in section 28 of the Health what information could be made and the location of premises using farmers and local residents, William reports commissioned from the and Safety at Work Act. publicly available, and whether explosive chemicals which, in an Waldegrave, Junior DoE Minister, WRC in the House of Commons The Campaign is calling for section 28 of the Act was an obstacle accident, could devastate has said he will consider releasing a library. Members ofthe public may section 28 of the Health and Safety to its disclosure. Our right to see our own files••• Campaign plans early legislation Teachers A Bill that will give individuals a services cannot be imposed on people any reference to convulsions - and Housing legal right to see files held about them - they require their active consent there would have been no guarantee Tenants and applicants for council say 'yes' to by public authorities is being and participation. Teachers, doctors that he would even have learnt why housing would be able to see the prepared by the Campaign for and social workers all increasingly his job applications had been information held about them by local Freedom of Information. stress that they can only be fully rejected. authorities. campaign The Bill will allow individuals to effective if there is an atmosphere of The influence that the information Social work have access to their own files- but not trust and shared co-operation in our files may have over our lives is 'Clients' of social workers, including objectives those of other people. It will give between them and those they seek to so great - and the opportunities for foster parents and young people in them the opportunity to have help. Secret record-keeping injustice so serious - that a right of care would be able to see the records A National Union of Teachers inaccurate information corrected, inevitably invites suspicion and works access to the data is urgently needed. kept on them by social workers and (NUT) working party has and provide safeguards against against the development of a co­ institutions. published a major report coming information from the files being operative relationship. Pensions and benefits out firmly in favour of opening passed on to unauthorised bodies. Second, official records can all too SECRETS FILE N?3 school files, and its proposals are Limited measures along these lines People applying for or receiving state easily contain mistakes. There may Fact or Fiction? pensions and various contributory likely to be adopted as official are already included in theb e factual errors, oversights, Our right to union policy later this year. government's Data Protection Bill and non-contributory state benefits misheard remarks, incorrectly check the files would be able to see the information The working party felt that which is passing through Parliament transcribed notes, out-of-date considerations of accuracy, justice at the time of writing. But the Data about ourselves on which their entitlement is information or just highly subjective assessed. and trust all pointed to the need Protection Bill is limited to and opinionated comment. Even the for a major change in policy on computerised records only. Many of In addition the Campaign is most scrupulous record-keeper considering including the following school records. the records that most directly affect cannot guarantee to keep such '•noiui areas within the scope of the Bill. A closed system of record­ members of the public are kept on problems out of their files. keeping will inevitably files and record cards - these paper Criminal records But if errors cannot be prevented, Individuals would be able to see and incorporate inaccurate records are not covered by the Data safeguards against their worst effects information. Teachers may record Protection Bill at all. check the accuracy of records of any can at least be taken. Allowing those arrests, prosecutions and convictions information that is correct at the It is these vital non-computerised involved to check their own records, recorded under their name. time, but quickly becomes out-of- records that will be opened up by the and draw attention to inaccuracies T.:zzzi-z.z-£.-,rz,.., date by changing circumstances of rr-s^^r: ~~r^—- Income tax Campaign's Bill. Chris Smith, MP for provides a unique opportunity to which the teacher is unaware. The Islington South, will seek to detect many mistakes before they Z£:i=ic=s==»£rj= People who appeal against a tax report says that parental record- introduce the Bill in the House of =~t£TzK~—--» assessment at a hearing would be able lead to harmful decisions. ,-:'j::::":z'.:::.'^rj^z-^ZT~-'- checking will help to weed out Commons, initially under the Ten To take just one recent example. A to see in full the basis on which the these often misleading notes. Minute Rule procedure, later this student visiting his university's Secrets File No 3 - "Fact or fiction - assessment had been made. If records are kept in secret, Summer. medical centre for the first time was Our right to check the files about Parole they may well arouse parents' Why is access important? surprised to be asked whether he was ourselves" - is available from the Prisoners applying for parole would suspicion. The working party Secrets File No 3, published by the still taking his anti-convulsant tablets Campaign, free to affiliates and be able to see reports made to the believes that such suspicions may Campaign in March 1984, gave a - he had never been prescribed such individual subscribers, £1.00 to Parole Board and be told of the inhibit 'the development of a close detailed analysis of the kinds of medication. He was shocked to learn others. reasons for any decisions reached. and productive working problems that occur when individuals that the medical records forwarded to In all these areas there may be relationship between teachers and are denied access to official files the centre by his GP described him as The BUI circumstances where some degree of parents' and prove a barrier to a about themselves. suffering from convulsions following The Bill being drafted by theconfidentialit y should still be fruitful and co-operative Public authorities take vital an operation to remove a brain Campaign will cover the following legitimately retained. partnership. decisions that affect the lives of tumour. Nothing of the sort had in main areas: For example, it is possible that in Finally, the report argues that individuals. They provide an fact happened to him. When the Education some circumstances full disclosure of since teachers themselves object enormous range of services and university doctor contacted his Parents, and older pupils or students, the contents of a file might involve to being the subj ect of confidential benefits to those whom they judge former GP he was told: 'I have would have a right to see the records the unacceptable release of private reports, prepared by their need or are entitled to them: a discovered that the details regarding kept by schools, colleges or information about a third party. employers, they cannot decision based on wrong information temporal lobectomy relate to another universities. The right of access Similarly, information provided by legitimately deny parents the can have devastating effects on those patient of ours. Perhaps you would be would also apply to references for outside individuals or agencies in same rights. The NUT's official involved. At present members of the kind enough to delete the wrong prospective employers or in confidence may have to be restricted policy is to oppose 'all forms of public can usually learn of theinformatio n and accept my situations of further education. unless specific permission for its confidential reports on teachers, decisions taken - but not of the basis apologies'. What if the student hadn't Health release is obtained. The Campaign is including references', and the behind them. That may affect them in happened to visit the university Patients would be able to see the discussing these and other possible working party accepts that 'the two ways. centre, but had allowed a prospective medical records kept on them by exemptions with those actively considerations of natural justice First, it prevents them from taking employer to write to it for a medical doctors and hospitals - and this will involved in the areas concerned. which led the Union to adopt this part in the making of the decisions. reference? His career in certain fields apply to records on psychiatric as well position with regard to teachers, Education, health care, social work could easily have been wrecked by as physical illness. Maurice Frankel apply equally to the current demand from many parents for a right of access to files kept on their children'. The report concludes 'by suggesting that teachers' Social workers support right to see associations and officers of their local education authorities should Social work 'clients' should be able to workers' 'selective perception' and interest in its accuracy, and may have and others not is the degree of set up working parties to discuss see what information is kept about that in a perhaps unintentional an interest in distorting it'. consent to their existence and the the practical implications of them according to the British attempt 'to maintain self esteem' BASW argues that such records uses to which they are put'. These opening school records. It Association of Social Workers social workers may fail to notice and are inevitably - if unconsciously - concerns lead it to recommend that acknowledges that on occasions (BASW). A recent BASW report record their own failings in biased, and that safeguards to only the minimum necessary there may be difficulties - but came out strongly in favour of access discussions with clients. Another minimise such effects should be built- information should be recorded, and believes most of these are to social work records - and of major distorting factor is that social work in to record keeping. that it should be done with the avoidable, and that 'the rights of changes in the way such records are records may be produced and used to BASW identifies - and clearly knowledge, and wherever possible people over information held compiled. help supervise social workers' shares - a widespread unease that the consent, of the individual's about themselves must not be There may be serious reasons for performance. BASW points out that agencies which collect information on concerned. sacrificed to the demands of doubting whether social work records if a record is compiled not simply to individuals may be intruding into Effective and Ethical Recording administrative convenience'. are consistently accurate. BASW help the client but to help an agency their privacy and exercising a form of British Association of Social Confidentiality & School refers to research showing that check up on its social workers then power over them. It suggests that Workers, Birmingham. Records. A Discussion records may be distorted by social the social workers may have 'little 'what makes some records acceptable Document. National Union of Teachers, March 1984. Growing pressure to reform secret water authorities

The decision of all nine English attracted considerable support from Yorkshire and N. Humberside alone authority itself oppose the closed the next day. Three hundred people water authorities to exclude the press representatives of all political parties. who oppose the closed doors policy. meetings. In February this year the were asked whether they thought the and public from their meetings has The issue has been given particular Conservative councils also feature Yorkshire Evening Post asked all 13 water authority should meet in been widely condemned. Those who publicity by the Yorkshire Evening prominently amongst the local board members for their views: three secret: 79% said'No'. assumed that the public would pay Post. authorities who want the meetings to of them said they thought the A major cause of public concern is, little attention to the change in the By the beginning of April, 37 of the be reopened. Selby District Council meetings should be open. of course, the water rates, which have way water authorities operate have 51 Yorkshire and North Humberside has called the water authority's Significantly, the three are all also increased by 70% in four years. But been surprised by the scale of the MPs, and 13 local authorities, had decision 'a sad mistake'. The local authority councillors, other issues which have now been reaction. As secret water authority publicly declared their support for Conservative leader of Harrogate accustomed to open meetings. discussed in private meetings of the meetings decide to put the water rates the campaign to reopen the water Borough Council referred to his The Yorkshire Water Authority authority include fluoridation, and up - Northumbrian Water Authority authority's meetings. council's 'widespread concern' at the chairman has claimed that there is no legal action against thousands of announced an 18% rise in March - The issue has now attracted all- closed meetings. 'The feeling against popular support for any move to customers with unpaid water bills. the risks of allowing such decisions to party support. In 1983 when the it meeting in private is fairly reopen the authority's meetings. Before the 1983 Water Act, be taken in secret have become clear. Water Bill went through its final unanimous' he said. The Asked if he was aware of the large members of the public had a rightt o Nowhere has criticism of the new stages in the House of Commons, Conservative leader of East volume of public opinion that see minutes of water authority secrecy been greater than in only two Conservative MPs voted Yorkshire Borough Council stated: supported the campaign he replied meetings and could turn up in person Yorkshire, where a campaign to force against the exclusion of the public 'It is dictatorial in the worst possible 'no, I am not, and I doubt if anyone to hear the discussions and see which the Yorkshire Water Authority to from water authority meetings. Now way'. is'. The Yorkshire Evening Post way individual members voted. That reopen its meetings to the public has there are eight Conservative MPs in Even some members of the water responded with a snap opinion poll is no longer possible. Overseas News Letters The following are extracts only from debate on animal experimentation. The letters received by the campaign: RSPCA is deeply concerned about pain Australia finds Fol inexpensive and suffering in experimental animals Each year. the Home Office publishes and believes that a rigorous cost-benefit Freedom of inform ation in its first "contributing to an improvem ent in taxati on office. Dept of Vet eran s its Stattsncs of Experiments on Living analysis must be applied in every case ­ year in A ustra lia cost A $8 millio n. a the qu ality of decision-ma king". A ffairs. immig ration and ethnic Animals: Great Britain (HMSO). This remembering that the cost is measured in relati vely small sum in the contex t of The Att orn ey-General, Senator affairs and defen ce. Th ese five gives the total numbers and species of animal suffering. while the benefit largely public expend iture there. Evans. was quoted as saying received 73% of all requests - the animals used in that year. and broadly accrues to humans. However. it led to better ..A lthough th e Act has only been in first three each handled more than categorises the experimental purposes (Royal Society For the Prevention of manageme nt in filing of reco rds. force for a compa ratively short I ,000. (see attached chart. derived from 1982 Cruelty to Animals) Parli am ent was to ld in the first period. the proph ecies of doo m By far the most commo n reaso n returns). Certain other details on about its impact have not been. and fo r requesting acces s to doc ume nts techniques used and use of anaesthesia annual report on the Freedom of are also given. However. the public has " On the White Paper 'Streamlining the was to check one 's o wn person al file. Information Act. will n ot be fulfilled ." no way of corre lating this information City'. the Secretary of State has declined The Au stralian equivalent of the The busiest freedo m of and the most common reason with the details of individual experiments to publish the responses he has received DHSS, which received more information ·co unters were those in offi cials denied req uests - one in (purpose. design. relevance to health. or even to list those bodies who have requests than any other, was quoted bureauc racies tha t dealt mos t with four - was to protect privacy. procedure. number and species of submitted comments on the White as saying that the new law is the pu blic: the soc ial security offices, animals. etc.) currently being conducted Paper:' in British laboratories. Many (Leiterfrom ControllerofTransportation, experiments are never published (e.g. The Greater London Council) those conducted " in house" or in contract Silliest Secrets establishments. in the work-up and safety testing of pharmaceutical and other products). Those which are reponed may "For.many years I wasa member of the appear in any of the 1000 to ISOO English National Institute of Agricultural Botany Lord Gowriewinsourabsurdityaward language biomedical journals that are which considered the comparative merits published quarterly. monthly or even of variety ·of vegetables. Even on such a Lo rd Gowrie, the Minister in the obviously not lend itself to civil servants have communicated . weekly. at some unspecified interval committee I was asked to sign the Offic ial Cabinet Office who has been chosen publication" . with the campaign via their trade (possibly up 10 several years) after the Secrets Act. I believe this is done for all by Mrs . Thatcher to spearhead he r As a result, we will have to wait .unions. experiment has been performed. It is thus committees of this Institute and I Ca nnot opposition to freedom of until the correspondence is Other candidates for Silliest Secret: virtually impossible to keep any sort of understand why this is necessary in this information , is th e runaway winner declassified in the year 2014 to • New cas tle City Co uncil. which in watching brief on animal particular agricultural and horticultural of our first " Silliest Secret" award. discover whether or not this the wo rds of a local newpaper " me t experimentation in the U K. field." About SO% of all experiments are (From J G Keeling of Lincolnshire) Indeed, he comes first and second. Administration has improved the .·in sec re t to discuss a co nfide ntial conducted in non-commercial concerns. He comes first for his refusal to flow of information! report congra tulat ing them o n how and hence likely to be funded. at least in release the results of a study Lord Gowrie wins second place they cond uct the city's affairs so part. by public money (see fig. 2. p. 25. "With reference to documents on how effectiv e the Thatcher for his acti on (admittedly prompted openly" . Home Office returns for 1982). The withdrawn from the Public Records Administration has been in by the Prime Minister) in writ ing to • Somerset Co unty Co uncil and the public has a right to information about Office concerning the Falklands: the improving the flow of information. the campaign to say that civil DoE for refu sing the C ha irma n of research carried out in its name. It also Foreign and Commonwealth Office is Replying to a request from Th e servants had been instructed not to the Ex moor Society to have acce ss to has a moral right to know how animals preventing the public from having access Times that correspondence between talk to it. In thi s way, Gowrie and papers relating to the birt h of are used by commercial concerns whose to arguments. which do not suit the case. Pe rmanent Secretaries and the the Prime Minister clearly hoped to Exmoo r Nati onal Par k in 1954 so products are claimed to improve human on which British lives have been and animal health. or the quality of sacrificed and hundreds of millions of Ca bine t Office, which fonned the block any indications that civil that he can prepar e a histor y for the human life, while the safety in use of such basis of the study, should be made servants favoured radical change. Exmoo r society's 25th birthda y and pounds spent. Whatever 'V iew you may products is ensured by safety testing in take of the Argentine attac k and available , he repli ed that it " would E ven in this he failed, because the Park's ow n 30th birthday. animals. When a license for an subsequent developments, this is as experiment is granted, the design. serious a case of wrongful secrecy as I purpose and overallcontext are disclosed could possibly imagine." to the Home Office. The public should (L ord Avebury) . Books have access to this information. and be able to question the justification for the experiment. This is what is meant by public accountability. The public should ...) hope you will stick to your guns in Journalists' book likely to cause stir not have to rely on an occasional the small matter of water authorities ..... A book to be published by by the publication by Heinem ann of and co nceals wro ng-doi ng of every journalistic "leak" or random scanning of the comprehensive water authorities tend Mac millan in June by three " Th e Secrets File", edited by Des ' kind . Th ese risks are great whe n a few scientific journals to obtain facts on to be involved in more trad e-offs and journalists, Michael Cockre ll of Wilson; th is is a comprehen sive and control over secrecy is combined animal experiments. value judgements between one public The recent Questions raised in the good and another than the single-purpose BBC Panorama, Peter Hennessy and co nte mporary loo k at the natu re of w ith perso nal unscrupulou sne ss: utilities. and these are essentially political David Walker. called " Sources sec recy in Britian and a detailed greater still when it is joined to House on wound research at Penon Down shows how little we are told. and choices As a former Planning Close to the Prime Ministe r - Inside advocacy of the case for freedom of un usual po litical o r ot her power and how much we need to know (see note on Director of a regional water authority. I the Hidden Wo rld of the News info rmation. to special pr ivilege s of secrecy such "other purposes" .category of agree that there is not all that much that Man ipulators" is like ly to cause a In the meant ime. the Oxford as those gra nted to professionals; experiments on attached chart). they need or ought to hide.". co nsidera ble stir. U niversity Press have published and greatest of all when it is in the Secrecy has for too long hampered the (B. Rydz) Th e book describes the " sham" of " Secrets Co ncealment and hands of public leaders." British de mocracy " a sham Revelation" by Sissela Bok (£ 12.95) She e mphasises the urgen cy of because the British people are which explores the pervasiven ess of action on sec recy. "T he conflicts gove rned by a system which does all secrecy in eve ry aspect of life. It under secrecy may be pe re nnia l. but it ca n to de ny the m the facts". examines indiv idua l secrecy, and the acce le rat ing pace of Scottish campa ign P i!f.tj <;~!~r. , i! -'9_Q~Su

T he D HSS has banned pu blication could no t visit Mr Ma rrit again Confident ial Brit ish Rail manoeuvre a BR spo kesman told this procedure approached o ne per of a social security ru ling which un less he signed a decl arat ion documents show that BR The Yorks hire Post: 'What ever is in cent, and a patien t who knew this allows young people to claim stating : 'I am visiting an inmate in de libe rately concealed its int ention that doc ument you have got, if it is may well have decided not to benefits during the ir first three the capacity of a frie nd . I to close the Settle to Carlisle over six mon ths old it is histo ry, undergo the opera tion. However, mon ths of part-time study. The undertake not to use any material ra ilway line, and gave assurance s to and we would not want to discuss the Appeal Court has ruled that the ruling means that thousands of ob ta ined at the visit fo r MPs that the re were no such plans. it' . surgeo n's limited warning was unemployed people studying profession al purposes, o r in In Janu ary 1984 The Yorksh ire adequate in the circumstances and between 15 and 2 1 ho urs a week pa rt icular for pu blication by myself Post pu blished extracts fro m that the pa tient was not entitled to have been unlawfull y refused o r anyo ne else '. inte rna l documents showi ng that compe nsation for her injuries. ben efits, and witho ut detailed BR de libe rately stripped the line of The Court of Appea l has ruled know ledge of the new ruling they its express and freight tr affic before that " the doctr ine of 'informed will be unable to claim for back paymen t of the withhe ld ben efits. In April 1984 The Guardian Victims of injuries cau sed by newspap er revealed that the DHSS drugs have bee n paid plan ned no t to inform social co mpe nsation by the manufacturer sec urity offices of the new ruling, Secret Facts only afte r signing an undertaking to so the ame nd ment would not maintain total secrecy about the ap pear in the publi shed guide to An " urgent and thor ough " announcing the clos ure plan s so conse nt' forms no part of E nglish injuries they have suffered and the social security ben efit ru les. This ove rhaul of the 1981 Contempt of that the se users of the line wo uld law" , and that a doctor is no t damages paid . The condition has would help it to revers e the ru ling if court Act has been called for by a have no statuto ry right to o bject o bliged to warn a pati ent of a l1 the been imposed by the it wished to do so . joint co mmittee of the G uild of later. A t the time it was said that risks attached to a surgical phar maceutical ma nufac turer E .R. British Newspap er Editors and the the reroutin g was o n comme rcial ope ra tio n. In Februar y this yea r Squibb and Sons Lt d, a British Law Society. grounds. the Ap peal Co urt ru led that a subsidiary of an American A man who for a number of surgeon who performed a pain company. Patients who have yea rs has regu lar ly visited a T he co mmittee complains ab out re lieving operation which damaged suffere d severe da mage to their Remain Confidential prisoner se rving a life sente nce has the exte nsive use of SA orde rs to an elderly woman's spinal co rd eyesight after taking the anti­ been forbidde n to carry on seeing postp one repo rts of cases and the leaving her severly disabled and diarrhoea drug Q uixalin have the prison er unl ess he signs a fact·that whe n such orde rs are made Th e docum ent sta ted: " the unable to walk unaided had not ob taine d out of cou rt sett leme nts sec recy undertak ing. by judges (as opposed to proposal sho uld rem ain been negligent in failing to warn her o nly on co ndition that they agree Mr Ian Ca meron has been magistrates) there is no provision confide ntial until the through of the risk. The surgeon's practi ce no t to disclose 'any of the terms of virtua lly the on ly person to for appeal or review. passen ger se rvices have been was to warn candidates for this the se tt leme nt of the action , and regularl y visit the priso ner , Mr diverted in May 1982 ... After May operation of the possibility of noi to give an interview whe the r Fra nk Marrit , who is serving a life __ _ ~ ~ _ _ ~ ... u_ .... r , _ . _ ,_, The Na tiona l U nion of 1982 the closure proposal wo uld go localised numbness but 'no t to for broad casting on television o r The P.M. is on her own

You have to hand it to Mrs. Thatcher. The Prime January: were satisfied they could obtain the information they Minister makes our case better than we can. First, she First, she stated that "a statutory right of public need. The evidence is overwhelming that Britain is one slammed the door shut on freedom of information on access would remove" accountability and provision of of the most secretive democracies in the world. A Day One of our campaign. Second, she ordered the information "from Ministers and Parliament and voluntary system will not work. It has been proved not Cabinet Office to tell civil servants that they could not transfer ultimate decisions to the courts. No matter to work. It only offers the "right to ask" and not the even discuss the issue with the campaign. Third, her how carefully the rights are defined and circumscribed, "right to know". And it is vulnerable to destruction by excessively secretive approach has caused considerable that would be the essential constitutional result. The secretive administrations of the kind that Mrs. over-reaction in the ranks: two respected issues requiring interpretation would tend to be Thatcher now heads. environmental organisations have had their offices political rather than judicial, and the relationship The Campaign for Freedom of Information has in its raided by the Special Branch. A journalist who fell off between the judiciary and the legislature could be first weeks demonstrated that it has a sound and his bicycle suffered not only injuries but a 7-hour search greatly damaged." sensible approach to the many difficult questions raised of his home by Special Branch Officers. A 23-year old In fact, our proposals, and our bill will be so specific by the need for change. It has won unprecedented civil service secretary has been imprisoned for 6 months that it will be very clear what information can and support. It presents the case made before, frequently for unauthorised disclosure of a document that the cannot be disclosed. Where a citizen or organisation is and at the highest level - by the Fulton Committee on courts were told did not endanger national security - all denied information, they would appeal, perhaps to an the Civil Service, by the Franks Committee into the this happened in a matter of a few weeks and all in the information commissioner. If the commissioner ruled Official Secrets Act 1911, by the Royal Commission on name of Section 2 of the Official Secrets Act, a piece of for secrecy, or the commissioner ruled for disclosure the Press, by the Royal Commission on Environmental legislation discredited as far back as 1972 by the Franks and the authorities did not comply, the citizen could Pollution, and others. The rights it seeks are already committee. further appeal to a tribunal (or whatever) established commonplace in many other countries. The Prime Minister and those around her have for that purpose. If the tribunal ruled that the Frankly, the Prime Minister's extraordinary refusal become completely isolated in their opposition - not information fell within the exempted areas, that would to even discuss the matter has made her look both indifference, but firm opposition - to repeal of the be the end of the matter. If, on the other hand, the ridiculous and repressive. We hope those many men Official Secrets Act and the introduction of freedom of tribunal ruled that the information should be disclosed, and women within the Conservative Party, many of information legislation. and the authorities refused to comply, they would at them on the back-benches of the House of Commons, Information and power are inter-related, and the this point be in breach of the law, and only then be who we know DO care about the quality of our Prime Minister clearly has no wish to share either. liable to action in the courts. In our view this would democracy, will join with other parties and with our Her isolation is further proof, if it were needed, that rarely arise, for it would require the authorities to coalition in another attempt to persuade her that the secrecy is the cause of the powerful, and access to break the law, and as Mrs. Thatcher and her reforms proposed make sense for Westminster and information the cause of everybody else. This is why administration are firm believers in the rule of law, we Whitehall as well as for the citizen. We emphasise that the Labour Party's record in office was no better. cannot believe it would be allowed. last point, because just as we believe in freedom of How ironic it is that Mrs Thatcher's maiden speech in The Prime Minister implies that freedom of information, so we respect the need for confidentiality the House of Commons in 1969 was to introduce a information is inconsistent with our form of democracy. in some key areas. Unfortunately, indiscriminate Private Members Bill to make local authorities more But three other British-style constitutions - Canada, secrecy has led to disrespect for the very words accountable to the public. "The paramount function of Australia, and New Zealand - have all absorbed "Confidential" and "Secret". A positive and open this distinguished House is to safeguard civil liberties freedom of information legislation without major approach to the provision of information linked to rather than to think that administrative convenience difficulty. The Australian Senate Standing Committee sensible definitions of what should remain confidential, should take first place in law", she told Members of considered this question in considerable detail and will not only make our country more open but will Parliament in February 1960. Does she still believe that concluded that it was "a smoke-screen". As it rightly create more trust and fewer leaks. today? If so, will she allow her backbenchers many of stated, "Fol legislation does not relate to any specific It is extremely difficult to demand respect for a law whom passionately believe in freedom of information, system, be it a Westminster, Presidential, or any other when it is a bad law. The Official Secrets Act is free rein to follow their consciences? It is a critical system. It is rather a question of attitudes." discredited. If the Prime Minister desires respect for question, because it is clear that if freedom of The Prime Minister states that it is already policy to the law, as she claims to do, then she must at the very information legislation is to be introduced, it will have make available as much information as possible. If that least allow a genuine debate to take place on the need to be by back-benchers. (See page 1 for our legislative is so, then it proves beyond doubt that legislation is to repeal this Act and introduce freedom of plans.) necessary, for this policy is either not being information legislation consistent with the standards we Or perhaps Mrs. Thatcher will reconsider the implemented, or is totally inadequate. The huge shoud be entitled to expect of 20th century democracy. matter? After all, we are able to answer all of the organisational, parliamentary, civil service, and public concerns she raised in her letter to the campaign in support for our campaign would not exist if people DES WILSON r n Become a campaign supporter

There are many ways whereby you can help the Campaign To: The Campaign for Freedom of Information for Freedom of Information, but the main one is with money 2 Northdown Street, London Nl 9BG Tel: 01 278 9686 and a declaration of support. I/We. (individual or organisation) No matter how small your organisation, we would be pleased if you would affiliate. of We would also welcome individual supporters/subscribers to our print material. (address) Affiliate membership (for organisations) is £7.50 per annum and enables you to financially assist our campaign, and in turn to receive regular news of our work. If your organisation, Enclose a cheque for £- .for the Campaign for branch, committee, or whatever, is not already an affiliate, • Freedom of Information we hope you will persuade it to become one, and use the Would like to be an affiliate organisation and enclose a form on the right. • cheque for £7.50 If you are an individual supporter you can subscribe to Would like to be a subscriber/supporter and enclose a our publications and thus become well-informed on the issue • cheque for £7.50 to cover this and share the facts with others. The publication/supporter or subscription is £7.50 per annum. have added £7.50 to my donation to cover this In addition to this, do write to your MP and let him or her know that you would like to see parliamentary action on the issue. Can help locally If you live in London, you could offer voluntary help in our office - all the usual chores but they have to be done. Will help at your London office Above all, we need more knowledge of secrecy. If you know of information being unnecessarily withheld, or can Have special expertise or knowledge to offer - please tell us of excessive secrecy, or can even slip us a secret or • get in touch. two, please be in touch. In the meantime, please fill in the (Tick appropriate box) attached coupon while it is on your mind and post it today Thank you. All cheques should be made payable to: The Campaign for Freedom of Information.

Puhlished hy The Campniyn for Freedom oi Information Primed In Bourne Offset l.kl. Buekiniirinmshire