Historical Cabinet Papers

Debate between Louise Haigh and Rob Wilson

Tuesday 19th January 2016 Westminster Hall

[The Minister for Civil Society (Mr Rob Wilson)]

It is a pleasure to serve under your chairmanship, Mr Bailey. I congratulate the hon. Member for Leeds East (Richard Burgon) on securing this debate. I start by saying, as he did, that this Government are committed to being the most transparent ever and take their commitment under the Public Records Act seriously.

A key plank of our commitment to transparency is our work on releasing files after 20 years, rather than 30 years as was previously the case. I acknowledge openly that this is a really big, major challenge for the Government, which unfortunately we fell short of in December 2015. I hope it will be helpful to the hon. Gentleman and others here today if I respond to their points by setting out first how the Cabinet Office is working to meet its obligations under the Public Records Act, which sets out how and when Government records should be transferred to the National Archives, and explaining why some may sometimes need to be retained.

The Constitutional Reform and Governance Act 2010 shortened the period before which files are released from 30 years to 20 years. This means that for a transitional period, two years of files are being reviewed each year, a doubling of the information in scope. In this process, each file undergoes a series of detailed checks to protect, for example, national security and sensitive personal data. This in no way lessens our commitment to transparency but takes time to do properly. This is a significant challenge for all involved. For Departments, it is a doubling of the workload, and the same considerations need to be made before papers are sent to the National Archives.

The National Archives are meeting these challenges head-on, which means extra papers coming through to them with high public demand as the subjects covered are relatively recent. By 2023, this process of reviewing two years of records in one year will be complete.

In December, we transferred a number of 1987 and 1988 files and this formed part of a press event arranged by the National Archives. We will be transferring more shortly, with the aim of completing the transfer of our 1987 and 1988 files as soon as possible. Files up to 1990 will be released throughout the year.

[Louise Haigh]

I am a little confused. The Paymaster General wrote to me a couple of weeks ago saying the delay in the release of Cabinet papers was due to a change in policy by releasing some earlier in 2015, some in December 2015 and some at an unspecified date later this year. Now the Minister is saying that it was due to lack of resources or an increased challenge. Will he confirm whether it is due to a specific change in policy that will occur next year, or lack of resources?

[Mr Wilson]

I thank the hon. Lady for her intervention. If she will bear with me, all will become clear because I will set out in painstaking detail the process by which we are handling the matter.

The Cabinet Office was due to transfer all information from 1987 and 1988 by the end of 2015 but, as is clear, we did not manage to do so. Both 1987 and 1988 were eventful years, as we have heard from the hon Gentleman, and this impacted on the Department’s ability to get these files reviewed as quickly as we wanted. Each file is painstakingly checked before transfer, which is not about withholding secrets and covering up inconvenient facts, as the hon. Gentleman alleged. Let me inform hon. Members about the sort of information that must be checked.

Files emanating from No. 10 will cover the whole range of issues that the Government deal with, from benefits to defence spending, overseas trade, support for community groups and a whole host of other things. They will include things like personal information relating to individuals involved, even home addresses, and everything to do with relationships with other countries and national security. On every appearance of such information a careful consultation process takes place, which may result in documents being redacted or retained.

The transfers that have already taken place mean that nearly 70,000 Cabinet Office files or volumes are held by the National Archives, an amazing repository holding over 1,000 years of iconic national documents, which the public can access free. Its online catalogue is the single point of access to 32 million descriptions of records. In 2014-15, there were approaching a quarter of a billion downloads from its collection.

When files reach the National Archives, a number of processes are involved to make information available to as many people as possible—for example, through digitisation. This means an inevitable time lag between the Cabinet Office transferring files to the National Archives and their appearance in the collection. This is why the Cabinet papers for 1987 and 1988 have not yet appeared in the public catalogue although they have been transferred to the National Archives. Another factor is that files are not always transferred in the year that one might expect as they are not assessed for transfer until the date of the last paper on the file. This explains why papers sometimes appear in the National Archives later than expected.

We are aware of the changing landscape of records management. The National Archives, as trusted experts in information and records management, will help to ensure that in an age when more and more of the Government’s records are born-digital, we open more records to the public as soon as possible. To that end, our intention is now to release files more frequently throughout the year, rather than in a single annual event. This means that, from later this year, we will start to release records from 1989 and 1990 in advance of the traditional release at the end of December. Cabinet Office officials are working closely with the National Archives to strengthen the entire process of how and when Cabinet Office files are released to the public.

Throughout 2016, there will be a number of releases from the Cabinet Office to the National Archives, catching up on the 1987 and 1988 records and then working through the 1989 and 1990 papers. I believe this is consistent with our overall transparency objectives, and that the regular releases will be a more effective way to work, particularly in the context of a doubling of the amount of information in scope.

The hon. Member for Leeds East asked several questions about the Cabinet minutes for 1987 and 1988, and papers from the Prime Minister’s Office for the same period. The Cabinet Office has transferred the Cabinet papers and minutes for the period 1987-88 to the National Archives. Some of the Prime Minister’s papers are already with the National Archives, including those made available at the press event in December. Our aim is for the remainder of those that can be transferred to be with the National Archives as soon as possible.

The hon. Gentleman asked about freedom of information, and he mentioned Hillsborough in his opening comments. No Government have done more than this one to shine a light on the truth, after 13 years of a Labour Government who failed to do what was necessary to open up the facts of Hillsborough to the public in the Merseyside area who were demanding access to them. He said that the Government were pushing for a review of freedom of information. Actually, I think the first person to push for such a review was Tony Blair, who mentioned in his autobiography that he was keen to change freedom of information.

The hon. Gentleman mentioned the series of statements that appeared at the end of the last Session. I have to remind him that it was a Labour special adviser who, when the party was in government, described a particular day as

“a good day to bury bad news”.

I hope he remembers that phrase; it certainly did not come from the Conservative Government. I know that there is a new Mulder and Scully “X-Files” series out, and I do wonder about the conspiracy theories that sometimes run riot around this place, because in this case, there are no conspiracy theories to be had.

[Louise Haigh]

The Minister has mentioned conspiracy theories. One of our main conspiracy theories is about the advisers that have been involved in both Conservative Governments, whom the Minister has not mentioned. He mentioned a consultation process. I wonder whether the right hon. Member for West Dorset is involved in that consultation process, and whether he has any say over the documents that are retained or released.

[Mr Wilson]

I thank the hon. Lady for her intervention. The consultation process is one that officials handle. As far as I am aware—I think I am as aware as I can be on these matters—I do not believe that my right hon. Friend the Member for West Dorset (Mr Letwin) has vetoed any of the files that I think the hon. Lady is referring to in her question. But if there is more information that we can provide her with, obviously I would be very happy to write to her to update her.

I will move on to some comments about freedom of information. Freedom of information remains at the heart of transparency and accountability, and it goes hand in hand with the Public Records Act. The Government fully support freedom of information, but after more than a decade of the process in operation, we think it is time that it was reviewed to make sure that it is working effectively for hard-working taxpayers while allowing free and frank advice to be given to decision makers. That is why we have appointed an independent panel to look at the issue and assess how the practical processes of freedom of information can be improved. The commission will publish a report, as the hon. Gentleman knows, as soon as possible after its oral evidence sessions have been conducted. It would not be appropriate for me to pre-empt its work by getting into discussions today about the relative merits of the different parts of the Act.

I will end by making a few comments on the broader question of transparency. The Government take great pride in the fact that the UK leads the world in transparency and open government. I am not the only one who says so. The World Wide Web Foundation’s open data barometer and Open Knowledge’s global open data index ranked the UK No. 1. Over the past five years we have opened up more than 20,000 Government datasets to the public. We publish an unprecedented amount of data about everything from procurement to the gifts received by Ministers, and we continually strive to go even further.

Releasing open data makes the Government more accountable to citizens, helps to improve the efficiency of public services and drives social and economic growth. We have made expenditure data covering more than £188 billion of Government spending available for public scrutiny, and through our renewed Government data programme and our leading role in the international Open Government Partnership we will continue to be one of the most open and transparent Governments in the world. Those are not insignificant achievements, and we want to go even further. In our next Open Government Partnership national action plan, which is due to be published in the summer, we will develop an offer on transparency—including freedom of information—that strengthens the Government’s commitment to open government overall.

In conclusion, this Government are the most transparent Government ever, and we are a world leader in the quantity of information available from a range of sources. I acknowledge that, in common with other Departments, the performance of the Cabinet Office in transferring papers from 1987 and 1988 has not been perfect, as I said at the outset. I am, however, confident that more of that historical information will be available to the public shortly, including the Cabinet Office papers that have already been transferred to the National Archives and will be available very soon. The aim is to complete the transfer of the 1987-88 papers as soon as possible. In future, we will move to release files more frequently throughout the year rather than in a single annual event. That means that before the end of the year, there will be 1989 and 1990 papers in the National Archives.

Question put and agreed to.

Charities (Protection and Social Investment) Bill [ Lords ] (Fifth sitting)

Debate between Louise Haigh and Rob Wilson

Thursday 7th January 2016 Public Bill Committees

[Mr Wilson]

I think we are straying into the realms of electoral law rather than charity law, and I am sure you do not want us to stray too far in that direction. The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 applies to all third-party organisations campaigning for a particular electoral outcome. It does not specifically target charities or prevent them from campaigning to further their charitable purposes. The Charity Commission’s guidance CC9 makes that absolutely clear.

The Hodgson review, which is under way and will report in the next couple of months, will look at all those issues and consider in detail all the representations that are made to it. I think the Opposition should have waited for the review to see the detail of the representations made and whether there is evidence that things are going wrong and that the so-called chilling effect is taking place.

There is no bar to charities or student unions holding husting events, provided they do so in a balanced, even-handed way that furthers the charity’s purposes. Like many other Members, I am sure, I attended the student union debate in my constituency. I am very surprised that any student union was worried about putting on an even-handed debate, open to all parties.

The Charity Commission’s guidance is clear and comprehensive. Unlike primary legislation, guidance can be relatively easily updated, with proper consultation to ensure that it reflects current case law and other developments, such as the rise of social media. In recent years, there have been cases where charities, inevitably, have strayed on to the edges in what they are doing in social media. The guidance on that is obviously fairly new, and it is important that it is there.

I would say simply that the new clause is unnecessary, unless the hon. Member for Redcar and her colleagues are arguing that charities should be able to engage in party politics, in which case I very strongly object. What we heard about the Badger Trust emailing its members asking them to go to a single party political event and sort of supporting the manifesto elements that had been introduced would fall into the category of party political activity. We should keep charities and party politics completely separate. Where charities engage in non-party political activity, they should take extra care to protect their independence and to ensure that they do not give the impression of being politically partisan in any way, and that is the category that would apply with regard to the Badger Trust.

It is right that we have an independent regulator in the form of the Charity Commission to investigate concerns where charities may have overstepped the mark of what is acceptable, and some have done that in social media in the last couple of years. Where the dividing line between charitable and political becomes blurred and charities come to be seen as politically biased or aligned with a particular party, there is a real risk of public trust and confidence in charities being degraded. One of the charities’ strengths is their independence and their ability to stand outside politics, and I would really hate to see that undermined by the new clause.

[Louise Haigh (Sheffield, Heeley) (Lab)]

In the last Parliament, before I was an MP, I had a little back and forth with a charity known as the New Schools Network, which was set up by a former special adviser to the present Secretary of State for Justice deliberately to implement Government education policy on free schools. To me, there is a clear clash there between charitable status and implementing a particular political party’s policy stance, but this Government have made no effort to address that. Given that that was a clear breach and that the Charity Commission actually had to investigate the charity in question, I do not feel that the Minister’s point about making sure that charities are separate from party political activity stands.

[Mr Wilson]

As far as I am aware, there was no finding of any inappropriate party political activity against the New Schools Network. People can make complaints about all sorts of things, but whether those are found to have any evidential base is quite another thing. There are lots of examples of think-thanks and other organisations that are charities that want to put forward new ideas in the educational sphere, and as long as they have an educational purpose and they stay outside party politics, there is absolutely no reason why they should not do that. Just because, in the early days of the new free school network, the Labour party opposed free schools, that does not mean that that particular organisation did not have the right to exist. The fact that the Labour party did not like what it was saying is neither here nor there; it had a right to express its views freely, as I and others here—[Interruption.] As long as they are not party political—I have made that absolutely clear.

[Louise Haigh]

But it is party political.

[Mr Wilson]

The New Schools Network is not a party political organisation. I think that that is best left there.