Will the Hutton inquiry lead to more open government - or
will ministers find this shot of freedom of information so bitter
they will do everything possible to avoid it in future?
The level of disclosure at an inquiry like this goes beyond that
which a freedom of information act would normally provide. FOI laws
balance the right of access against exemptions, one of which invariably
gives government some privacy for its internal thinking. The material
we are now seeing is not filtered in this way, and that is what makes
the hearings so compelling. Officials explain how scrupulously they
have behaved, only to be undermined by the disclosure of a memo or
email revealing that what they did was precisely the opposite.
We have of course been here before. The Scott inquiry revealed
that the Conservative government had relaxed restrictions on
arms sales
to Iraq but concealed the new policy. With breathtaking frankness,
the former foreign secretary, Lord Howe, explained that the government
should not be criticised for "incompatibility between policy
and presentation of policy". Scott reported that "in circumstances
where disclosure might be politically or administratively inconvenient,
the balance struck by the government comes down, time and time again,
against full disclosure".
Similar failings were revealed by the BSE inquiry. The Ministry
of Agriculture had adopted a policy of "positive censorship" about
the new disease, preventing its scientists even discussing their
findings with outside experts. The inquiry reported that "had
there been a policy of openness rather than secrecy, this might have
led to a better appreciation of the growing scale of the problem
and hence to remedial measures being taken sooner."
You can draw straight lines from those inquiries to this one. The
inability to trust the public with the facts is still there. We were
told we went to war against Iraq because of the intelligence. We
now see that the decision was taken on other grounds - and the intelligence
squeezed into a shape to justify it.
The Scott inquiry led Labour to strengthen its historic commitment
to freedom of information. In 1996 Tony Blair announced "if
the case was not unanswerable before, Scott has made the case for
a freedom of information act absolutely unanswerable now, not just
because of how it might have applied in the specific case but also
because of the sea change it would bring in attitudes towards the
release of information".
So where's the sea change? The Freedom of Information Act was passed
nearly three years ago, but the right of access has been delayed
until 2005. While many public authorities are making serious efforts
to prepare for the new law, Downing Street itself gives the impression
of being at best indifferent and possibly hostile to the legislation.
In July the parliamentary ombudsman reported that the government
had blocked two open government investigations, both touching on
ministers' integrity. The prime minister's office refused to comply
fully with the ombudsman's recommendation that it release a list
of gifts received by ministers. The ombudsman revealed that the lord
chancellor, who favoured disclosure, had been overruled when Blair's
chief of staff, Jonathan Powell, decided that press coverage of a "huge
list of gifts" would be embarrassing. In the other case, the
Cabinet Office issued a formal ministerial veto to certify that any
disclosure about ministerial declarations of conflict of interest
would be "contrary to the public interest".
So why should anything change? Perhaps because the mistrust of
government has now reached levels that even Downing Street
must find alarming.
The British Attitudes Survey in 2000 found that only 16% of people
trusted governments of any party to put the national interest above
party political concerns - an all-time low. A Mori poll last year
found that only a third of the public trusted government scientists
to tell the truth about issues such as GM foods.
If the public doesn't believe what the government says, even
when it tells the truth, its ability to do its job will be
badly hit.
Vast numbers of parents refused to believe government scientists'
assurances that the MMR vaccine was safe, preferring to leave
their children unvaccinated. The foreign secretary, Jack Straw,
has acknowledged
that even if weapons of mass destruction are ultimately found
in Iraq, many would believe they had been planted.
Public scepticism is hardly likely to limit itself to the issue
of Iraq. Take any contentious policy - the euro, asylum, ID
cards, examination
results - and see how the government fares against a growing
tide of doubt about its motives and honesty. That trend cannot
be easily
reversed. But any serious attempt to do so must be based on
a policy of openness, regardless of whether the facts are inconvenient
or
embarrassing.
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