§ Mr. BakerTo ask the Prime Minister what restrictions are placed on Ministers' powers to withhold information relating to themselves under the terms of the Official Secrets Act 1989; and what arrangements he has made to monitor the effectiveness of those restrictions. [30299]
§ The Prime Minister[holding answer 19 February 1998]: Under the Official Secrets Act 1989, Crown servants, including Government Ministers, must withhold information if they believe that such information is protected under the Act and they do not have lawful authority to disclose it—otherwise to disclose it would constitute an offence.
The Act protects specific categories of official information, documents or articles which a Crown servant, including a Government Minister or Government contractor, has or has had in their possession by virtue of their position as such. This might in some circumstances include information relating to their official duties.
It is an offence to disclose information in the following categories if the disclosure is made without lawful authority and is damaging (as defined in the Act):
- security and intelligence
- defence
- international relations
- foreign confidences
- information which might lead to the commission of a crime
- the special investigation powers under the Interception of Communications Act 1985 and the Security Service Act 1989.
There are no restrictions on refusing to provide information covered by the Act if the disclosure of such information would constitute an offence.
§ Mr. BakerTo ask the Prime Minister under what circumstances Ministers have the power to require members of the public to agree to abide by the terms of the Official Secrets Act 1989; and what steps he takes to ensure Ministers do not abuse this power for personal reasons. [30295]
§ The Prime Minister[holding answer 19 February 1998]: Under the Official Secrets Act 1989 a Crown servant, including a Government Minister, can require anyone who is not a Crown servant or Government contractor under the Act, including a member of the public, to hold in confidence official information which falls into any of the six categories covered by the Official Secrets Act and which has been entrusted to them.
The six specified categories of official information covered by the Act are:
- security and intelligence
- defence
- international relations
- foreign confidences
- information which might lead to the commission of a crime
- the special investigation powers under the Interception of Communications Act 1985 and the Security Service Act 1989.
It is an offence to disclose such information without lawful authority, knowing or having reasonable cause to believe that it is protected by the provisions of the Act and that the disclosure is damaging (as defined by the Act).