In a landmark decision that has sparked controversy, the Government's data watchdog has ruled that the criminal records of government ministers can remain secret, prioritising their right to privacy over public disclosure.
The Privacy vs Transparency Ruling
The Information Commissioner's Office (ICO) refused to force the Cabinet Office to reveal how many ministers had criminal convictions before taking office. The watchdog determined that an individual minister's privacy rights outweighed the public's interest in being informed about their representatives' past legal transgressions.
The ICO accepted the Cabinet Office's argument that revealing conviction details could create what is known as a 'jigsaw' effect. This occurs when multiple information requests, pieced together over time, could potentially identify specific individuals. The watchdog supported the view that if the cabinet revealed one minister had a record, that minister then resigned, and a subsequent disclosure showed no remaining ministers with records, the identity would be exposed.
The System for Declaring Convictions
Currently, ministers are required to declare previous criminal convictions, alongside relevant business activities and tax disputes, to Sir Laurie Magnus, the Independent Adviser on Ministerial Standards. It is then Sir Laurie who determines what information should be made publicly available in the ministerial register of interests.
This system came under scrutiny following the case of former Labour Transport Secretary, Louise Haigh. The Sheffield Heeley MP was forced to step down from the cabinet in November last year after it emerged she had an historic fraud conviction from 2014, before she became an MP.
Political Backlash and Calls for Reform
The ruling has drawn sharp criticism from opposition parties. Lisa Smart, the Liberal Democrat Cabinet Office spokesperson, branded the decision as "astonishing". She argued that ministers hiding convictions "wouldn't be privacy' but 'secrecy'".
Smart strongly condemned the move, stating: "Shutting out the public and preventing transparency has no place in our democracy." The Liberal Democrats are now calling for a change to the ministerial code to make declaring a criminal record a mandatory condition for anyone taking up a ministerial position.
The controversy raises fundamental questions about the balance between a public figure's right to privacy and the public's right to know about those who govern them. With the ICO upholding the cabinet's stance, the debate over governmental transparency is set to continue.
