The government has attacked its own information watchdog
for failing to understand the workings of Whitehall, as it gears up
to fight an order to publish confidential reports into the ID cards
programme.
The Office of
Government Commerce, which is part of HM Treasury, claimed in
legal papers that, by ordering the publication of Gateway reviews
on identity cards, the information commissioner had unreasonably
rejected clear evidence that publication of the project reports
would cause "substantial harm".
The case, due to be decided in a four-day hearing at the
Information Tribunal in March, could set a legal precedent that
would force government departments to routinely publish Gateway
reviews of public sector IT projects requested under the Freedom of
Information Act, in line with a Computer Weekly campaign.
The Office of Government Commerce argued in papers submitted to
the tribunal that information commissioner Richard Thomas had
failed to understand the need for civil servants to be able to
offer frank advice to Gateway reviewers without fear that their
views could be made public.
"The Commissioner's Office has no particular expertise in the
field in which the OGC operates, namely the confidential review for
effectiveness and efficiency of programmes and projects of a
commercial nature, or including substantial commercial content," it
said.
It added that "in the real world" civil servants would "feel
inhibited from providing adverse information or expressing adverse
opinions" if there was a risk that the information could be
disclosed to the public.
The document claimed that publication of the Gateway reviews
could damage IT projects if the information was presented out of
context.
"Misquotation or out-of context quotation of frank and candid
observations or comments could damage public confidence," it
said.
These claims were disputed by the information commissioner.
Documents submitted to the tribunal accused the OGC of treating
Gateway reviews as though they were absolutely exempt from
disclosure.
"No explanation is given as to why this category of report is
particularly likely to be misunderstood as compared with other
documents generated by public authorities," the information
commissioner said.
The OGC's main grounds for non-disclosure
- Gateway reviews are exempt from disclosure under Freedom of
Information Act since they relate to the OGC auditing role
- Civil servants would feel inhibited from expressing adverse
views if reviews were published
- Review process would be delayed if reports are written for
publication
- Risk that published reviews could be misquoted or taken out of
context
- Information commissioner has not adequately explained the
public interest involved.
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