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http://news.independent.co.uk/uk/legal/article2530738.ece

Freedom Of Information: Government could be forced to publish secrets of Iraq memo

What did Tony Blair tell George Bush when they discussed Iraq? Robert Verkaik, Law Editor, considers how the Freedom of Information Act might provide the answer

Published: 11 May 2007

A civil servant and an MP's researcher were yesterday sentenced by an Old Bailey judge for being involved in the disclosure of the contents of a top-secret Iraq memo which recorded conversations between Tony Blair and George Bush during a 2004 meeting in Washington. The same memo has been the subject of an 18-month inquiry under the Freedom of Information Act.

A request made to the Government for the memo's formal disclosure under the right-to-know legislation is now with the Information Commissioner, Richard Thomas, who has the power to order release of the four-page document. Such a move would be extremely embarrassing for the Government and undermine the decision to prosecute the two men under the Official Secrets Act of 1989.

The trial judge has already imposed a court order preventing any further reference to the contents of the memo on the grounds that such publication would be a threat to national security. In such circumstances it seems very unlikely that Mr Thomas would be able to find an argument in favour of disclosure.

But a careful reading of the Downing Street response letter to the Liverpool academic who first made the request in December 2005 shows that national security is not one of the exemptions that its FOI team relied on to deny access to the document. Instead the Government said that the information would damage international relations between Britain and America. It reads: "The effective conduct of international relations depends on maintaining trust and confidence between governments."