Access to Archives

Esther McVey Excerpts

Tuesday 16th November 2021 Westminster Hall

[Esther McVey (in the Chair)]

Before I call Chris Evans, I wish to make a short statement about the sub judice resolution. I have been advised that there are legal proceedings this week before the information rights tribunal. I am further advised that the House’s sub judice resolution of 2001 does not apply to first-tier tribunals, so those legal proceedings are not sub judice. All hon. Members should, however, be mindful of matters that may be the subject of future legal proceedings, which may, at a later stage, become sub judice. I thank the hon. Member for his courtesy in consulting the Table Office in advance of the debate.

[Chris Evans (Islwyn) (Lab/Co-op)]

I beg to move,

That this House has considered access to archives purchased with public money.

Thank you, Ms McVey, for your chairmanship; I look forward to your stout resolution as we move through the debate. Thank you also for your statement beforehand. I have deliberated with the Table Office on this matter, and I would like to place on record my thanks for its help and support during this period.

On 2 May 2012, the Minister of State for Universities and Science in the coalition Government, the now Lord Willetts, said in a speech:

“As taxpayers put their money towards intellectual enquiry, they cannot be barred from then accessing it. They should not be kept outside with their noses pressed to the window”.

I wholeheartedly agree with that statement. If money from the public purse is used for the acquisition, whether direct or through acceptance in lieu schemes, of research, records or archives, they should be accessible to the public. Put simply, those who bought it ought to have access to it. The public have a right to access materials and records that have been paid for with public funds. However, because of Government actions that bar the public from accessing certain archives, that seems not always to be the case.

Barring access to archives is both a break of the public’s trust and a threat to the integrity of our academia. It also sets a dangerous precedent in terms of accountability and transparency more widely if the Government are able to censor and restrict access to archives. I am deeply concerned about recent activities of the Cabinet Office that have blocked access to certain archives that were bought with public money, which is why I called for this debate. The resulting legal battles and the costs involved with barring access are a further misuse of taxpayers’ money, and this Government need to be held accountable for it. No Government should interfere with public access to archives that have been saved for the nation and paid for by the public.

Clearly, there are some circumstances in which that right may have to be restricted. National security interests or ensuring that general data protection regulation requirements are met are both reasonable justifications for restricting access, and I do not think that anyone would deny that. There is a reason why certain documents are kept sealed by the National Archives for 30 years. The public accept that, but it seems that this Government are using and abusing that public acceptance. They are pushing out-of-date legislation to its limits. There are a number of pieces of legislation that cover the reasons for restricting public access, and some are in dire need of an update, having been drafted long before the digital age was even thought of.

This Government are using the numerous loopholes in those pieces of legislation to restrict public access to records retrospectively. That is not fair use of public money; frankly, it is an abuse of public trust in the Government to provide open access to records that have been saved for the nation. In some cases, the abuse is even worse. In cases where the purchase was agreed or funding was obtained on the basis of public access, the retrospective closure of archival material is both a costly misuse of public money and a dangerous precedent for the Government to set. It breaks the understanding upon which the funding was obtained.

I am sure that many will be aware of the Broadlands Archives. They have gained a reasonable amount of press coverage over the last few months, and rightly so. Historian Andrew Lownie has fought legal battles for four years to try to gain access to the papers, diaries and personal correspondence of Lord and Lady Mountbatten. I have spoken to Mr Lownie over the past few months about his experiences of trying to access these archives, which were purchased on the understanding that they would be open to the public. Unfortunately, the Cabinet Office has attempted to obstruct him at every turn, resulting in four costly and unnecessary years of legal battles.

Indeed, the Cabinet Office tried to get out of responding to this very debate, suggesting that I go to the Department for Digital, Culture, Media and Sport instead. That is why I sought advice from the Table Office before going ahead with this debate. When the original suggestion did not work, the Cabinet Office also inquired about the potential withdrawal of this debate completely.

Cabinet Office Ministers are not facing their responsibilities and they are reluctant to say why it has taken so long and been so difficult for Mr Lownie to gain access to these records. The Cabinet Office needs to be held accountable for spending large sums of money on legal cases to prevent access to archival material that was bought with public funds, especially when the fundraising for the purchase emphasised that the archive would be open to all.

In 2011, these records were saved for the nation when the University of Southampton purchased the Broadland Archives. The purchase was partly funded by a grant of nearly £2 million from the Heritage Lottery Fund and it was subject to the acceptance in lieu scheme, which in this case equated to £1.6 million in tax foregone by the Exchequer. That funding was provided on the basis that the archives would be open and accessible to researchers and the public. Let me just say that again: taxpayers’ money was provided on the basis that the archives would be accessible to the public. If archives have been bought for the nation on the agreement that they will be accessible to researchers and the public, that agreement really ought to be upheld. It is not fair to the taxpayer or members of the public who wish to access these archives if access is then denied or obstructed after purchase. What is most worrying about this case is that it involves not the Government but an academic institution—an academic institution that should be promoting active research by historians.

I will not get into the case because the Information Commissioner is involved and there is an appeal; I am mindful about that when I speak about the case. However, I am talking mainly about the principle related to what is going on here, because the one thing that we have learned politically in the last couple of years is that there are politicians out there who peddle fake news—the idea that facts are fake. The only way that we can combat that—people saying that certain historical events did not happen—is through the work of our archivists and historians.

It seems to me that what is happening with the Mountbatten papers and Broadlands archives is hindering future historians in bringing out the full story of what went before. If we are to learn anything about the future, we must understand our past. I am worried that the Government are actively involved in restricting archives and that cannot go on. It sets a dangerous precedent for future Governments.

We may one day—I hope not—have a Government that want to burn our past and change it, and that will use this legislation, which I fear, to stop us having the truth and the real story of our lives in this country, and to fit their own political purposes. I hope that that never happens; I hope we never see what happened in Germany in the 1930s happen in this country. However, if we had the mechanism to block our archives retrospectively, as seems to be happening in this case, we would be setting a dangerous precedent not only for historians but for future society and future Governments.

I ask the Minister to look at the case carefully. I understand that there are legal procedures, but my extreme view is that the precedent being set is dangerous for the future. I hope he will look at the legislation and understand that when it was written we were not in a digital age. We had no concept of what was going to happen. In the last 10 years, the world has changed beyond all recognition. We have more information than we have ever had before. Government is now conducted over WhatsApp and text messages. We have an idea of what people are thinking. We live in an exciting time. It would be a shame if future historians could not access that, or did not know how important decisions were arrived at. I ask the Minister to look hard at the case and see the argument I am making that if we dangerously reduce access to archives, we will cause serious problems down the line.