Released 14/11/2011
The DH has 35 days to publish its analysis of the risks from the day of the ruling (Photo source: Department of Health Flickr site)
The Information Commissioner, Christopher Graham, has ordered Health Secretary, Andrew Lansley, to release a document that outlines risks associated with the Health and Social Care Bill.
The Information Commissioning Office (ICO) found that the Department of Health had twice breached the Freedom of Information Act in not disclosing the document and the strategic risk factor associated with the NHS reforms contained therein.
The Commissioner upheld separate complaints by John Healey (Labour's shadow health secretary until last month) and London's Evening Standard newspaper after the DH rejected their requests under the Freedom of Information Act to see the department’s assessment of the risks.
In the ruling, Graham stated that public interest was more important than minister’s insistence that revealing the information would hinder the formulation of government policy.
“Disclosure would significantly aid public understanding of risks related to the proposed reforms and it would also inform participation in the debate about the reforms,” he said.
The DH has 35 days to publish its analysis of the risks from the day of the ruling on 2 November.
Healey commented on the ruling, stating: "The year-long cover-up is a disgrace, especially when doctors, nurses, patients groups and the public are all so worried about the Tories' NHS plans. The commissioner's report is a demolition job of Lansley's attempts to keep the truth from the public.”
The DH issued a statement regarding the ruling saying they were considering the decision notice from the Information Commissioner.
However, it claimed that disclosure of the information could "deter from full, candid and proper deliberation of policy formulation and development" – an argument that the ICO rejected.
The volunteer organisation, 38degrees, has called upon MPs to pressurise Lansley to reveal information contained within the report before the 35 days granted by the ICO has run out.
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