The publication of Prince Charles’ “black spider memos” is likely to increase pressure for a further review of the Freedom of Information Act (FoIA), lawyers have warned.
The black spider memos—so called because of Prince Charles’ handwriting—were released this week after the Supreme Court held, in March, that the government could not lawfully veto disclosure. The subjects of the 27 letters written by the heir to the throne to various government ministers ranged from calls for more money for new aircraft during the Iraq war to support for farmers who were being mistreated by supermarkets, school meals and alternative medicine.
Critics have questioned the constitutional propriety of the memos, given the political neutrality of the Monarch.
Emma Godding, head of information law at Bevan Brittan, warns the FoIA “will face greater scrutiny”.
“The use of the FoIA has expanded way beyond the scale anyone anticipated when it was introduced a little over ten years ago,” she says. “The Supreme Court drew a line in the sand, making it clear that the government of the day cannot overrule the decisions of the courts in relation to the application of FoIA simply because it disagrees with the courts' view.
“It would be politically challenging for any government to attempt to withdraw from what is now a well-established access to information regime. However, the cost and large amounts of time involved in handling FoIA requests are now significant issues. One option is for the government to consider further limiting its scope, but that in itself could face legal challenge.”
