Businesses privately lobbying government to water down green regulations are
at growing risk of their activities being uncovered, after
Friends of the Earth secured a major legal
victory in its campaign to impose greater transparency upon corporate lobbyists.
The information tribunal ruled last week that the
Department for Business, Enterprise and
Regulatory Reform (BERR) must release full details of meetings from 2005
between former business secretary Alan Johnson and former head of the
CBI
Digby Jones.
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Friends of the Earth said that the meetings included "frank exchanges" over a
range of environmental and legislative issues, as well as details of an "away
day" involving senior Whitehall and CBI officials. The green group argued that
the documents were in the public interest and should be released under the
Freedom of Information Act.
The latest ruling largely upholds a decision last year from information
commissioner, Richard Thomas, who said that the bulk of the documents should be
released. However, BERR mounted an appeal against that decision, claiming that
the release of some of the material requested would damage policy making within
government.
The tribunal rejected this line of argument and ordered the government to
release the bulk of the material within 28 days, although it agreed with the
department that some of the documents should remain confidential.
A BERR spokesman said that the department maintains that "there are
circumstances where it is in the public interest to protect the 'thinking space'
necessary for good public policy formulation and to enable the Department to
have a private discourse with external organisations". He added that it would
consider the judgement and reach a decision over whether or not to appeal the
decision to the high court within 28 days.
A spokeswoman for Friends of the Earth said that a version of the documents
seen by the green group featuring large blacked out sections, suggests that the
series of meetings contained "frank exchanges" over a range of environmental
issues.
Phil Michaels, head of legal at Friends of the Earth, said that it was
unclear if the documents had the potential to cause the government or the CBI
any embarrassment, but added that BERR had gone to a great degree of effort to
keep minutes from the "away day" meeting private. "We know that meeting happened
soon after the election and was wide ranging, covering issues such as planning
reform, climate change and nuclear policy," he said.
The green group is reluctant to claim that the information tribunal decision
sets a precedent for future Freedom of Information requests, but it does
highlight the growing pressure on business lobbyists to be more transparent in
their activities.
"There are more and more lobbying transparency cases about and we see this
decision as a step in the right direction," said the Friends of the Earth
spokeswoman. "Firms need to be aware that even four years after the event, these
types of lobbying activities can become public."
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