Judge quashes decision to make details of ID card scheme public
STEPHEN HOWARD
A High Court judge yesterday quashed decisions to make public details of two early assessments of the government's controversial ID cards scheme.
But Mr Justice Stanley Burnton said a different Information Tribunal should look again at the request under the Freedom of Information Act.
He said his ruling is not a judgment on whether the gateway reviews should or should not be disclosed and that would have to be determined by the tribunal.
The Office of Government Commerce (OGC), the Treasury department responsible for ensuring that taxpayers get value for money, brought the appeal which was the first time the courts had been asked to consider disclosure exemptions under the FoI.
The judge said in the ruling: "The fact that the identity card programme is controversial as a matter of principle, because of its civil rights implications, and in relation to its technical practicability and its cost, is highly relevant to this appeal.
"It is not suggested that the programme is not the legitimate subject of public interest."
The OGC had argued that failing to keep review assessments "absolutely confidential" could damage the government's gateway system, in which experts assess the costs of schemes and their "achievability".
It also said the disclosure ordered by the Information Tribunal in May 2007 could undermine the policy development relating to ID cards.
The tribunal had upheld the Information Commissioner's decision that it was in the public interest for the ID scheme assessments to be revealed.
Security consultant Mark Dziecielewski and Liberal Democrat MP for Winchester Mark Oaten made FoI requests to see details of the two reviews, held before the plans were announced to Parliament.
The reviews concerned assessments of the achievability of the ID programme, looking at the resources required, timetable and costs.
The judge said the tribunal's reasoning on disclosure "certainly lacks clarity" and is not sufficient.
He added: "The controversy concerning identity cards, and the OGC's objections to disclosure of the gateway reviews relating to the programme, may have led to speculation that they include undisclosed information that could be regarded as damaging to the programme.
"If there was a smoking gun in the reviews, the case for disclosure would, on one view, be considerably strengthened. I have read both reviews. There is, in my view, no smoking gun."
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Posted by: Colin B, Bearsden on 2:44am Sat 12 Apr 08
another judge in the pocket of the government
another judge in the pocket of the government
Posted by: Scunnert, Travelling in Nihlon on 3:24am Sat 12 Apr 08
Aye - they've got place men everywhere.
Aye - they've got place men everywhere.
Posted by: Jimmy the Pie on 8:00am Sat 12 Apr 08
Can't say that this comes as a surprise??
Sleaze from top to bottom
Can't say that this comes as a surprise??
Sleaze from top to bottom
Posted by: Astonished, Inverclyde on 8:07am Sat 12 Apr 08
Justice Burton ?
The man is a disgrace - Hiding the truth. I assume he wants a job with the electoral commission.
I do not want to live in a country where the police can say "Where are your papers ?".
Justice Burton ?
The man is a disgrace - Hiding the truth. I assume he wants a job with the electoral commission.
I do not want to live in a country where the police can say "Where are your papers ?".
Posted by: Los Angeles, Edinburgh on 9:19am Sat 12 Apr 08
With few exceptions, all political parties electioneer on the basis of establishing a transparent, accountable government process, but as soon as they are in power immediately set about locking doors and creating secrecy.
In the end, it is individuals who alter things for the better not political parties.
With few exceptions, all political parties electioneer on the basis of establishing a transparent, accountable government process, but as soon as they are in power immediately set about locking doors and creating secrecy.
In the end, it is individuals who alter things for the better not political parties.
Posted by: Donald Anderson, glasgow on 9:24am Sat 12 Apr 08
Another judge takes the whip.
Another judge takes the whip.
Posted by: wisnaeme, wisnae there on 12:13pm Sat 12 Apr 08
.
Who was it that said, when he was shoe horned into the Bliar one's shoes that there would be more transparency and accountability? Remind me, for being a believer of utterances and promises from folk who have moral compasses to guide them, they appear to deviate some what with such a plethora of instances of being unsure of quite where they are or where they wish to travel to in the business of governance.
Does this moral compass have gymbals to stabilize it? Does it have a secure and steady plinth? Does this moral compass have more than the necessary single pointer in the right direction . There seems something suspect and very much amiss with it's deviations in course and direction. Pointing in one direction with assured promises of integrity and command only to end up on the rocks, broken beyond salvage and repair is not one I recommend as a course of action, nor would I recommend following in the dithering footsteps of deception, disinformation and an avoidance of truth seekers of incompetence and corruption.
This moral compass must be a gift from heaven. So why don't it's custodians bow down in supplication to this miraculous gift of the unknown?
Indeed, why do they not offer up sacrifices to it?
Oh, believe me they do and we do, much to our the detriment of our well being.
.
.
Who was it that said, when he was shoe horned into the Bliar one's shoes that there would be more transparency and accountability? Remind me, for being a believer of utterances and promises from folk who have moral compasses to guide them, they appear to deviate some what with such a plethora of instances of being unsure of quite where they are or where they wish to travel to in the business of governance.
Does this moral compass have gymbals to stabilize it? Does it have a secure and steady plinth? Does this moral compass have more than the necessary single pointer in the right direction . There seems something suspect and very much amiss with it's deviations in course and direction. Pointing in one direction with assured promises of integrity and command only to end up on the rocks, broken beyond salvage and repair is not one I recommend as a course of action, nor would I recommend following in the dithering footsteps of deception, disinformation and an avoidance of truth seekers of incompetence and corruption.
This moral compass must be a gift from heaven. So why don't it's custodians bow down in supplication to this miraculous gift of the unknown?
Indeed, why do they not offer up sacrifices to it?
Oh, believe me they do and we do, much to our the detriment of our well being.
.
Posted by: stevie, glasgow on 12:39pm Sat 12 Apr 08
OFFICE OF GOVERNMENT COMMERCE.
The treasury Department Responsible for ensuring Taxpayers get Value for Money.
Pardon me but where have this mob been hiding for the last century.
If they had been doing any kind of job,half the Sleazy MP's would be in the jail.
Sorry, MORE than half !!.
OFFICE OF GOVERNMENT COMMERCE.
The treasury Department Responsible for ensuring Taxpayers get Value for Money.
Pardon me but where have this mob been hiding for the last century.
If they had been doing any kind of job,half the Sleazy MP's would be in the jail.
Sorry, MORE than half !!.
Posted by: redphantom, lochee on 1:19pm Sat 12 Apr 08
Why are the SNP so quite on the ID card scheme?
After all the database is already under construction, so come independence a foreign government who hold a vast amount of data on every scottish citizen.
Doesn't seem right to me. And I don't for a minute this information will be destroyed more than likely this info will be used against us.
Why are the SNP so quite on the ID card scheme?
After all the database is already under construction, so come independence a foreign government who hold a vast amount of data on every scottish citizen.
Doesn't seem right to me. And I don't for a minute this information will be destroyed more than likely this info will be used against us.
Posted by: Fiona Sinclair, Ayrshire on 1:48pm Sat 12 Apr 08
Well, we do need to challenge what the Scottish and UK governments are doing about the surveillance state. If you think it's bad what central government can do, just look at what your local council can do, under the RIPA Regulation of Investigatory Powers Act:-
http://news.bbc.co.u
k/1/hi/england/dorse
t/7343445.stm
This, in tandem with the legislation passed by the previous Scottish Executive, specifically the Adult Support and Protection Bill, which gives a local authority the power to take a `vulnerable` adult out of their family home, against their will and without the right of appeal, gives the most outrageous powers to council officials. There is also the power to imprison any family members that resist the forced removal of a vulnerable adult.
Read more about this and associated legislation here:-
http://www.autismrig
hts.org.uk/IdentityR
egister.html
and here:-
http://www.autismrig
hts.org.uk/BriefingP
aperIndex.htm
Well, we do need to challenge what the Scottish and UK governments are doing about the surveillance state. If you think it's bad what central government can do, just look at what your local council can do, under the RIPA Regulation of Investigatory Powers Act:-
http://news.bbc.co.u
k/1/hi/england/dorse
t/7343445.stm
This, in tandem with the legislation passed by the previous Scottish Executive, specifically the Adult Support and Protection Bill, which gives a local authority the power to take a `vulnerable` adult out of their family home, against their will and without the right of appeal, gives the most outrageous powers to council officials. There is also the power to imprison any family members that resist the forced removal of a vulnerable adult.
Read more about this and associated legislation here:-
http://www.autismrig
hts.org.uk/IdentityR
egister.html
and here:-
http://www.autismrig
hts.org.uk/BriefingP
aperIndex.htm
Posted by: Mark fae Partick, Glasgow on 2:35pm Sat 12 Apr 08
I wouldn't worry, the information will become public knowledge soon. Just keep an eye out for computer discs lying around the back of a taxi!
I wouldn't worry, the information will become public knowledge soon. Just keep an eye out for computer discs lying around the back of a taxi!
Posted by: Jimmy the Pie on 2:48pm Sat 12 Apr 08
[bold]"If we are a serious party of power, we need to act. He is well on track to going down as the worst Labour prime minister ever."[/bold]
This from a 'senior former cabinet minister' in today's Daily Mail. Looks like the knives are getting sharpened.
Where will a change in Downing Street leave Red Wendy?
"If we are a serious party of power, we need to act. He is well on track to going down as the worst Labour prime minister ever."
This from a 'senior former cabinet minister' in today's Daily Mail. Looks like the knives are getting sharpened.
Where will a change in Downing Street leave Red Wendy?
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