09.03.11
Government loses fight over risk register
The Government has lost its appeal against a ruling that would force the Department of Health to publish the NHS Transition Risk Register.
Lord Owen, one of the most trenchant critics of the Health & Social Care Bill in its current form, has said it would be a “constitutional outrage” to go ahead with the legislation now, while appealing to the High Court over the risk register decision.
He said: “Surely now Liberal Democrat Peers, with a long and proud history of supporting freedom of information, will not go along with any attempt by the Coalition Government to continue with the third reading of this Bill in the light of today’s Information Rights Tribunal on the NHS Transition Risk Register.
“If the Government insist on appealing to the High Court then they must accept that the Bill is paused until that judgement has been made. If, as they should, the Government publishes the Bill’s risk assessment now then the House of Lords will need time to satisfy itself – as I say in the motion which I have had on the Order Paper since before the Christmas recess – ‘in the light of any further examination of risk, and taking account of the views of the health professions, that the risks of not proceeding with the Bill are greater than the risks inherent in the Bill itself’.
Officials say publishing the risk register will make it harder for civil servants to speak their minds in the future and that the knowledge such documents could be made public will alter their content and usefulness.
Former shadow health secretary John Healey said: “The judgment backs the public's right to know about the risks the Government is taking with its NHS plans.”
A Department of Health spokesman told reporters: “We are still awaiting the detailed reasoning behind this decision.
“Once we have been able to examine the judgment we will work with colleagues across government and decide next steps.”
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