Information Tribunal orders disclosure of draft government WMD dossier | Practical Law

Information Tribunal orders disclosure of draft government WMD dossier | Practical Law

The Information Tribunal has ordered the disclosure of a previously unpublished draft of the government's 2002 dossier, "Iraq's weapons of mass destruction" (draft), subject to the redaction of manuscript amendments. The Tribunal rejected the Foreign and Commonwealth Office's main argument on appeal, namely that the Information Commissioner had correctly held that the draft constituted exempt information under section 36(2) of the Freedom of Information Act 2000 (FOIA) but that he had been wrong to conclude that the public interest in maintaining that exemption did not outweigh the public interest in disclosure under section 2(2) of the FOIA. The Tribunal, although uncertain about the role and significance of the draft, concluded that the "chilling effect" of its disclosure would have been quite limited in 2005 because of the prior publication of the Hutton Report, which had placed a substantial amount of relevant information in the public domain and had provided a detailed description of the circumstances surrounding the preparation of the dossier. However, in the Tribunal's opinion disclosure of the draft might be capable of adding to the public's understanding of the issues in question. Further, it was not appropriate to treat the Hutton Report as the final word on the subject. While the Tribunal's decision is of limited legal significance, it is of clear political interest and has attracted widespread media attention. Source: Foreign and Commonwealth Office v Information Commissioner, EA/2007/0047, 22 January 2008.

Information Tribunal orders disclosure of draft government WMD dossier

Practical Law UK Legal Update 0-380-4845 (Approx. 2 pages)

Information Tribunal orders disclosure of draft government WMD dossier

by PLC IPIT & Communications
Law stated as at 22 Jan 2008United Kingdom
The Information Tribunal has ordered the disclosure of a previously unpublished draft of the government's 2002 dossier, "Iraq's weapons of mass destruction" (draft), subject to the redaction of manuscript amendments. The Tribunal rejected the Foreign and Commonwealth Office's main argument on appeal, namely that the Information Commissioner had correctly held that the draft constituted exempt information under section 36(2) of the Freedom of Information Act 2000 (FOIA) but that he had been wrong to conclude that the public interest in maintaining that exemption did not outweigh the public interest in disclosure under section 2(2) of the FOIA. The Tribunal, although uncertain about the role and significance of the draft, concluded that the "chilling effect" of its disclosure would have been quite limited in 2005 because of the prior publication of the Hutton Report, which had placed a substantial amount of relevant information in the public domain and had provided a detailed description of the circumstances surrounding the preparation of the dossier. However, in the Tribunal's opinion disclosure of the draft might be capable of adding to the public's understanding of the issues in question. Further, it was not appropriate to treat the Hutton Report as the final word on the subject. While the Tribunal's decision is of limited legal significance, it is of clear political interest and has attracted widespread media attention. Source: Foreign and Commonwealth Office v Information Commissioner, EA/2007/0047, 22 January 2008.