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Freedom of Information Act 2000

My Lords, I am grateful to the noble and learned Lord. The point is that freedom of information applications are made under a scheme. The Government would have been even more heavily criticised than they have been today if they had stepped in at an earlier stage and vetoed this claim before due process had been gone through. What happened was what ought to have happened. The claimant makes his claim. It is refused. The claimant then goes to where he is entitled to go: to the commissioner. Then, after the commissioner rules, the Cabinet Office is entitled to appeal, which it does. When that decision is reached is the proper moment for the Government to consider whether they will use exceptionally—this will be an exceptional not a commonplace use—their right to veto under Section 53. That is precisely what they have done. The noble and learned Lord makes a good point; namely, that it is surprising that it has not been used up until now. However, that reflects the fact that the Government will not use this power for the sake of using it and will consider it very carefully. The Cabinet will be consulted before that step is taken.