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Examination of witnesses. Written evidence reported to the House.

Lead member
Johnny Mercer
Answering member
Liz Twist
Department
Ministry of Defence
Type
Debates on bills; Public Bill Committee proceedings
Committee
Overseas Operations (Service Personnel and Veterans) Bill Committee
Date
6 October 2020
House
House of Commons

This House of Lords Library Briefing provides a brief overview of the role of the law officers and the convention on the publication of their legal advice to government in light of recent demands for the Government to publish the legal advice that is has been given regarding Brexit and...

Type
Lords Library Briefings - Topical
Date
6 December 2018
Reference
LLN-2018-0115

Exercise of the executive override under section 53 of the Freedom of Information Act 2000 in respect of the decision of the Information Commisioner dated 18/02/2008 as upheld by the decision of the Information Tribunal of 27/01/2009. Statement of reasons. 16 p.

Deposited by
Ministry of Justice
Type
Deposited papers
Date
24 February 2009
Reference
DEP2009-0814
House
House of Lords; House of Commons

My Lords, I am grateful to the noble Lord, who has huge practical experience in this field. I hear the very strong arguments that have been put on all sides of the House regarding this matter and the possible need to reform the Act. I hope that he will forgive...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
24 February 2009
Reference
708 c141-2
House
House of Lords

My Lords, like other noble Lords I support the Government’s decision in this case. Further to the points made by the noble Lord, Lord Soley, and the noble Baroness, Lady Symons, does the Minister agree with me that until firm lines are drawn in this matter—if necessary, by amending the...

Member
Lord Butler of Brockwell (Crossbench)
Type
Proceeding contributions
Date
24 February 2009
Reference
708 c141
House
House of Lords

My Lords, is it not a great pity, not that the Government have come to this decision—which I believe to be correct—but that they have taken so long to avail themselves of this procedure of issuing a certificate under Section 53 of the Act? After all, if one looks at...

Member
Lord Mayhew of Twysden (Conservative)
Type
Proceeding contributions
Date
24 February 2009
Reference
708 c140-1
House
House of Lords

My Lords, given what my noble friend has just said and what the Statement makes very clear about the principle of Cabinet confidentiality and collective responsibility, there seems to be—perhaps my noble friend could reflect on this—a degree of agreement between the noble Lord, Lord Kingsland, and my right honourable...

Member
Baroness Symons of Vernham Dean (Labour)
Type
Proceeding contributions
Date
24 February 2009
Reference
708 c139-40
House
House of Lords

My Lords, I voted in favour of the Freedom of Information Act as an MP, but I knew at the time that it would be an absolute gift to opposition political parties and opposition groups of one type or another. That is why I fear for its survival in this...

Member
Lord Soley (Labour)
Type
Proceeding contributions
Date
24 February 2009
Reference
708 c139
House
House of Lords

My Lords, as I understand it, there is ministerial responsibility for dealing with some requests. Other requests are dealt with by officials. A huge number of requests are made, many of which are of course granted readily and easily. I talked about the 78,000 figure a few minutes ago.

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
24 February 2009
Reference
708 c140
House
House of Lords

I have already explained why, in the unusual circumstances of this case, I have decided that a section 53 certificate is appropriate. Notwithstanding all the bluster from those on the Opposition Benches, it seems to be a mechanism that has been supported in all parts of the House. As for...

Member
Jack Straw (Labour)
Type
Proceeding contributions
Date
24 February 2009
Reference
488 c168
House
House of Commons

Is it not ironic that a Government who have for so long made a virtue of taking Cabinet decisions away from Cabinet with spin doctors in tow and undermining Cabinet responsibility have dared to come to this House today to try and uphold the sanctity of Cabinet discussions? If the...

Member
Ben Wallace (Conservative)
Type
Proceeding contributions
Date
24 February 2009
Reference
488 c167-8
House
House of Commons

I am very grateful to the hon. Gentleman for what he has said. He has the benefit of being correct and also consistent about this over more than 10 years. So far as an opportunity to look at the Act is concerned, recommendation 8.8 of the Dacre review said, as...

Member
Jack Straw (Labour)
Type
Proceeding contributions
Date
24 February 2009
Reference
488 c164
House
House of Commons

Has the Justice Secretary looked behind him to see that there are only two office holders—a Parliamentary Private Secretary and the Church Commissioner—who support him? Not a single one of his hon. Friends is here endorsing him today. Could it be that they are ashamed and embarrassed by this announcement?...

Member
Andrew Mackinlay (Labour)
Type
Proceeding contributions
Date
24 February 2009
Reference
488 c164
House
House of Commons

Were there to be an inquiry—I have already referred to the comments made in the House by my right hon. Friend the Prime Minister—it is almost certain that such an inquiry would indeed have access to all relevant documents, including Cabinet minutes, just as the Butler inquiry did, but that...

Member
Jack Straw (Labour)
Type
Proceeding contributions
Date
24 February 2009
Reference
488 c163
House
House of Commons

The Justice Secretary will recall that I had the extreme pleasure of dealing with the Bill on behalf of the Opposition. I well recall that we warned that this eventuality might arise. My hon. and learned Friend the Member for Beaconsfield (Mr. Grieve), who sits on the Front Bench, made...

Member
John Greenway (Conservative)
Type
Proceeding contributions
Date
24 February 2009
Reference
488 c163-4
House
House of Commons

I understand my hon. Friend's concern, but on the issue of whether it was correct for me to be the person who issued the certificate, I say to him that it is inevitable that, if the section 53 power is to be used in normal circumstances, a Minister may well...

Member
Jack Straw (Labour)
Type
Proceeding contributions
Date
24 February 2009
Reference
488 c164
House
House of Commons

Is not the Secretary of State tilting at false windmills? He knows perfectly well that no sensible person wants to reveal all Cabinet discussions and no sensible person wants to curtail honest discussion in Cabinet, but does he not agree with the commissioner and the tribunal that this is a...

Member
Edward Leigh (Conservative)
Type
Proceeding contributions
Date
24 February 2009
Reference
488 c165
House
House of Commons

That is the hon. Gentleman's opinion, and it was also—although slightly more carefully put—the opinion of the majority of the tribunal. However, if the hon. Gentleman refers to paragraph 88 of the tribunal's decision document, he will see that the minority expressed what was essentially the view that I have...

Member
Jack Straw (Labour)
Type
Proceeding contributions
Date
24 February 2009
Reference
488 c165
House
House of Commons

We need these minutes because Butler told us that the Cabinet was, in effect, dysfunctional. It did not get the papers that had been prepared by the Departments and Cabinet members did not have full knowledge of what they were being asked to decide. I ask my friend this: what...

Member
Gordon Prentice (Labour)
Type
Proceeding contributions
Date
24 February 2009
Reference
488 c163
House
House of Commons

The Secretary of State has effectively said today that he is using his exceptional section 53 power to protect elected politicians who attended a Cabinet meeting. Can he confirm that he would not be able to use section 53 in respect of the release of correspondence between the then Chief...

Member
Paul Keetch (Liberal Democrat)
Type
Proceeding contributions
Date
24 February 2009
Reference
488 c165-6
House
House of Commons