So yesterday the Justice Secretary confirmed that the government would be keeping secret the transcript of the Cabinet discussion leading up to war in Iraq. Even though the independent Information Commissioner and Information Tribunal had instructed them to release the information, ministers have a veto. Jack Straw has now exercised that veto, the first time it has been used in the four years or so the act has been in force.The government's argument is essentially constitutional, or at least procedural. They say that the Cabinet needs to meet behind closed doors in order to have a free and frank exchange of views. Once the Cabinet reaches a decision then every member is bound by that decision. This system would be undermined if everyone knew what each minister argued.
There are persuasive arguments against the Government's position but that isn't really the point. Jack Straw has laid out a valid and arguable case for keeping some information secret and that is a strong position for the government to find itself in with two key risk areas:
- the whole process has highlighted the fact that there was a debate amongst elected officials which we, the electors, are not privy to. This will reduce trust in the governing party.
- if any minister, ever, breaches the tight (and apparently vital) code of ministerial secrecy then the Government's case for suppressing this document crumbles. You can't preserve a constitutional principle only when it is in your interests.
The same risks hold true for the rest of us. Keeping secrets reduces trust and when we do refuse to publish or discuss some information it should be on a clear and principled basis. You can decide to reveal some information in order to rubbish a client who is attacking you in the press but if you subsequently refuse to reveal information about a client that your local paper has developed a keen interest in then your reputation will take a well-deserved hit.
In general it is better to reveal information and then explain and debate it. When you do keep secrets make sure you know what you are doing.

