Supreme court ruling opens door to revelations of secret information

The supreme court has ruled that there is a common law right of access to information from public authorities in addition to the freedom of information (FoI) act.

Times journalist Dominic Kennedy first tried to get access to Charity Commission files about George Galloway's Mariam Appeal for Iraq in June 2007 by making an FoI request.

That request was refused on the grounds that public inquiries are exempt from the act. But yesterday's judgment - although it rejected his appeal under the FoI act - contended that a common law right existed to information held by public authorities if disclosure was clearly in the public interest.

Common law runs in parallel with the right of access under the 2000 FoI act.

"This judgment is an important development in ensuring that those exercising power, particularly quasi-judicial power, may be held to account," said Rupert Earle, a partner at the legal firm Bates Wells Braithwaite, who acted for Kennedy.

"It is a tribute to Mr Kennedy's dogged determination in pursuing his request."

Kennedy is expected to return to the Charity Commission to ask for the information once more. In the light of this judgement, should the commission refuse, The Times would surely go for a judicial review.

The supreme court ruling could have a much wider impact for all journalists seeking to obtain private information from public authorities if they can show it is in the public interest to reveal it.

One of the judges, Lord Toulson, argued that open justice "is a fundamental principle of common law" and the "judicial processes should be open to public scrutiny" unless "good reasons for secrecy" exist.

Sources: BWB/supreme court judgment Summary: here