The British government refused yesterday to publish records of cabinet discussions on the legality of invading Iraq in 2003, despite a tribunal ruling in January that it should release them.
Justice secretary Jack Straw used a ministerial veto to block the request made under the Freedom of Information Act, saying the release of the records would “in my judgment risk serious damage to cabinet government”.
“The decision to take military action has been examined with a fine-tooth comb; we have been held to account for it in this house and elsewhere,” Mr Straw said in a statement to parliament.
“But the duty to advance that interest further cannot supplant the public interest in maintaining the integrity of our system of government.”
Publication of the documents could have embarrassed UK prime minister Gordon Brown, whose predecessor, Tony Blair, was accused by critics of glossing over lawyers’ initial reservations about launching the invasion that overthrew Saddam Hussein.
Previously released documents have shown that attorney general Peter Goldsmith, then the country’s senior legal officer, had cast doubt on the legal grounds for war on March 7th, 2003, days before Mr Blair ordered British troops to invade Iraq.
Ten days later, when Britain had failed to get a new United Nations resolution authorising an invasion, Mr Goldsmith gave the cabinet and parliament short written advice that war would be legal – and mentioned no doubts.
Mr Blair denied Mr Goldsmith had bowed under political pressure but opposition parties accused the prime minister of deceit. Mr Brown was chancellor and supported Mr Blair over the war.
The case is likely to raise questions about the government’s commitment to open administration and the strength of a Freedom of Information Act that came into effect in 2005.
The information commissioner ruled in February 2008 that the government should release the Iraq cabinet documents.
The government appealed, but a tribunal which decides on requests for documents under freedom of information laws said it was in the public interest to release them.
The minutes of cabinet meetings are normally kept secret for 30 years.
Foreign secretary David Miliband has also come under fire for blocking the publication of documents related to the treatment of British resident Binyam Mohamed, held in Guantánamo Bay for more than four years before his release this week.