UK Liberty

High Court has quashed Information Tribunal decision to release ID reviews

Posted in ID Cards, politicians on liberty by ukliberty on April 11, 2008

[hat-tip Geraint from the NO2ID forum]

Computer Weekly:

The High Court has quashed a decision by the Information Tribunal that early gateway reviews on the ID card scheme should be published.

The decision on Friday morning means there will be a new hearing of the information tribunal into whether the ID card gateway reviews – independent assessment of the project – should be published.

Judge Stanley Burnton accepted that his decision would lead to further costs for the taxpayer – both sides are publicly funded – but he hoped these would be minimised.

The judge gave qualified support for legal arguments put on behalf of the Speaker of the House of Commons that the decision of the information tribunal had come into conflict with the 1689 bill of rights. The 1689 act said that Parliamentary proceeding ought not to be questioned by the court. …


The judgement is now on Bailii.

Update 2

There are at least two positives in the judgement, one of which is the issue of frankness (para 102) brought up by the Government, which pretty much everyone else – including the judge – thought was “overdone”; the other is the issue of “safe space” (para 100) in which to “hammer out” policy, which clearly depends on the time between hammering it out and releasing documents that relate to it.

The judge rightly said of this, “I see no error of law in the finding that the importance of preserving the safe place had diminished”.