David Leigh and Rob Evans
Tuesday February 22, 2005
The Guardian
The information commissioner is being blocked from launching an investigation which could force the government to release its files on the legality of British troops invading Iraq.
Ministers are using a procedural device to stall a referral under the Freedom of Information Act to Richard Thomas, the information commissioner. Mr Thomas, an independent watchdog responsible for policing the act, cannot step in until ministers announce the results of an "internal review" of their own decision. But they have failed to do so. An investigation could lead to a legally binding order that they must release the files.
In an opinion commissioned by the Guardian and published today in full on the Guardian website, a leading barrister says ministers' claims that they have a right to suppress the files are legally incorrect.
The advice given to Tony Blair by the attorney general, Lord Goldsmith, is proving to be one of the most sensitive secrets of Mr Blair's premiership, amid persistent suspicions that Lord Goldsmith failed to provide full legal backing for the war.
http://politics.guardian.co.uk/foi/story/0,9061,1419848,00.html