16.05.12
Information Commissioner concern at risk register veto
The Information Commissioner, who was over-ruled by ministers when they decided last week to veto publication of the NHS transition risk register, has said that decision was unjustified and against policy.
Christopher Graham said this case did not meet the “truly exceptional” benchmark needed to veto, and said it “marks a significant step change” for freedom of information.
The veto – used for only the fourth time since the FoI laws came into force – was used in the public interest, according to Health Secretary Andrew Lansley, who said governments need a “safe space” to discuss and develop policy. The register would be open to “misinterpretation and misuse” if made public, he argued.
In a report to Parliament, Graham said: “None of the criteria for ‘exceptional cases’... are met in the present case.”
A Department of Health spokesperson said: “The circumstances were exceptional in this case. The request was made at a particularly sensitive time when the need for a ‘safe space’ was especially high.
“The Freedom of Information Act was drafted specifically to allow for the Ministerial veto.
“The decision to veto is not just about the specific content of these risk registers but also about preserving risk registers as frank internal working tools, in the interests of good government.”
But shadow health secretary Andy Burnham said: “The Government's continued refusal to release the NHS risk register is simply indefensible. It is time for them to give in and admit defeat.
“They should publish the risk register today and let people have an informed debate about what is happening to the NHS.”
Tell us what you think – have your say below, or email us directly at [email protected]