Council of Europe Convention on Access to Official Documents

Lord Mackay of Clashfern Excerpts

Tuesday 20th July 2021 Lords Chamber

[Lord True (Con) [V]]

My Lords, I have underlined the principle of this Government’s belief in transparency. I refute the idea that there is anything anti-European here. The current adherents to the treaty are Bosnia, Estonia, Finland, Hungary, Lithuania, Montenegro, Norway, the Republic of Moldova, Sweden, Ukraine and Iceland. The majority of EU countries are not signatories. I think that answers the noble Lord’s point that this is some kind of EU line.

[Lord Mackay of Clashfern (Con)]

My Lords, can the Minister say whether a Cabinet paper would be an official document in terms of this treaty and, if so, would it be protected under Article 3k?

[Lord True (Con) [V]]

My Lords, my noble and learned friend is right to draw attention to this. Although protection for deliberations within public authorities is allowed for in the convention, it does not provide the specific exemption that Parliament felt was necessary in order to protect Cabinet collective responsibility, which is one of the key conventions underpinning our form of Cabinet government. It informed the Labour Government in 2000, at the time this Act was passed, and continues to inform us.