Watchdog orders publication of Hillsborough disaster papers

Information Commissioner Christopher Graham ruled the information was in the public interest and also rejected a claim from the Cabinet Office that any publication should be withheld until an independent panel reviewing documents surrounding the tragedy concludes its work.

The panel was set up in December 2009 by the then Labour government to assess which documents should be made public amid anger from victims’ families that information was being kept secret. It is due to complete its work by the end of the year.

The primary purpose of the panel, chaired by the Bishop of Liverpool, the Rt Rev James Jones, is to oversee the public disclosure of archives held by the emergency services, the city council and other public bodies in Sheffield.

The Commissioner said he did “not agree that the existence of this panel is a relevant factor here, as it did not exist at the time of the (freedom of information) request”, which was made by the BBC.

Ninety-six Liverpool fans died in the crush at Hillsborough Stadium in Sheffield on April 15, 1989, where the club was playing an FA Cup semi-final against Nottingham Forest. An inquiry found the main reason for overcrowding was the failure of police control.

In a decision notice, the commissioner said: “Support for disclosure of information relating to the Hillsborough disaster was expressed by the previous government and has been reconfirmed by the current Government, and the commissioner also believes that the specific content of the information in question would add to public knowledge and understanding about the reaction of various parties to that event, including the government of the day, in the early aftermath.”

The commissioner’s judgment may still be subject to an appeal, which would need to be lodged with the First-tier Tribunal (Information Rights) within 28 days. If there is no appeal, the Cabinet Office has 35 days to comply with the order.

The freedom of information request was made by the BBC more than two years ago. It was initially refused by the Cabinet Office – a decision upheld by an internal review which prompted the BBC to complain to the commissioner.

In his judgment, Mr Graham also hit out at the Cabinet Office for “unjustified and excessive” delays. He ordered the Government to publish information relating to the Hillsborough disaster provided to Mrs Thatcher, then Prime Minister, and the minutes of meetings she attended on the matter.

The commissioner said it was right to publish the record of a Cabinet meeting on April 20, 1989, in which Mrs Thatcher and her Ministers spoke of the disaster.

The Cabinet Office had argued that disclosure would impact negatively on the freedom with which ministers can engage in “free and frank discussions”, and on the convention of collective responsibility.

But Mr Graham said: “In this case there had been multiple changes in government between the time that the information was recorded and the date of the request.

“Also, the subject matter of the discussions recorded within the information in question centred on a very particular set of circumstances that were no longer current at the time of the request.

“As a result the view of the Commissioner is that the argument in favour of maintenance of the exemption relating to convention of collective Cabinet responsibility is not a factor of significant weight.”