Government control of information: Some British developments

Despite long-standing claims to democracy, Britain has an unenviable reputation for secrecy and no Freedom of Information Act. However, in 1993, the government introduced a nonjusticiable Code of Practice on Access to Government Information, the limitations of which are explored in this article. A specific aspect of government control of information recently under the spotlight is the use by government ministers of Public Interest Iimmunity (PII) Certificates to deny litigants access to government documents in the course of proceedings. The use by Ministers of this power formed part of the terms of reference for the recent Scott Report into the export of defense-related equipment to Iraq, the relevant parts of which are reviewed. The article concludes that recent developments have not remedied the situation relating to access to information in Britain, the norm remaining one of secrecy rather than openness, and that the use of PII certificates exemplifies the resulting fragility of mechanisms for executive accountability. In the United Kingdom (UK) today the executive branch of government alone determines what official information should be disclosed to the public and the legislature, to whom the executive is nominally responsible. The UK is a very secretive society.