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I beg to move,
That leave be given to bring in a Bill to omit section 37 of the Freedom of Information Act 2000; to provide that the Sovereign, the Royal Family, the Royal Household, the Royal Archives and the Duchies of Cornwall and Lancaster are public authorities for the purposes of that Act; and for connected purposes.
I am grateful to have the chance to introduce this Bill alongside colleagues from parties across the House. I am very grateful for the breadth of support across many parties for the measures that it contains; that shows how much Members of the House recognise the importance of transparency and accountability in public office.
Today the people of France celebrate Bastille Day, to commemorate when they were driven to revolt because they were fed up of an aloof regime that they had no way of holding to account. One particular member of the royal family was travelling to shady destinations to meet secretly with foreign men of extreme wealth for reasons that would have shocked the common people if they had known. There is no record we can find to say whether or not Marie Antoinette spent three days visiting any of these men to tell them that she could not be their friend any more. Meanwhile, the elected representatives of the country—the Third Estate—were being blocked from having any say in the behaviour of the French royal family or even being able to investigate what members like that were up to.
To be clear, at this stage I do not believe that we in this place should be calling for an insurrection, as the Third Estate did then. Instead, the Bill I present today will go some way to adding a brick of transparency to the wall of secrecy and privilege that surrounds our own monarchy nearly 250 years later. The Bill also has support from the Campaign for Freedom of Information, Republic, the general committee of Labour International, and the National Union of Journalists.
There are two questions that we must ask in connection with the royal family and freedom of information. Under our constitution, which needs modernising in so many ways, are the royal family public servants or not? If they are, is it reasonable for one set of public servants to have such a blanket exemption from the rules that all others have to follow?
As MPs and Ministers, we are expected to follow the Nolan principles of public life, as are all public bodies and servants. The fifth Nolan principle is openness. It says:
“Information should not be withheld from the public unless there are clear and lawful reasons for doing so.”
Clearly, the Freedom of Information Act 2000 was created in that spirit. But despite meeting the criteria of a public body, and despite the royal family unarguably being public servants, the monarchy has its own special exemption carved out in the Act. Can that in any way be right? Some right hon. and hon. Members may be concerned that the Bill is not perfectly reasonable in what it asks for, but I assure them that it is. It is about providing the bare minimum of accountability to the royal family and closing loopholes that I think we all agree should not be carved out just for members of one privileged lineage.
The Bill will address section 37 of the Freedom of Information Act 2000, which gives a more or less blanket exemption to communications between relevant authorities and members of the broader royal family, not just the King. That provision too often prevents communications from being released under freedom of information requests to other public authorities. In practice, the section 37 exemption has meant that perfectly reasonable questions about trips on the RAF’s royal flight have been refused, including the question of who flew with Andrew Mountbatten-Windsor when he was not only a member of the royal family but employed as our trade envoy.
We now have a former Prime Minister pressing for information about whether Andrew Mountbatten-Windsor used taxpayer-funded jets or RAF bases to meet the paedophile and trafficker Jeffrey Epstein. Countless other questions along those lines should have been answered long ago.
Andrew Lownie, who wrote the biography of Andrew Mountbatten-Windsor, has seen the exemption at work time and again. He told me last week:
“It’s a scandal the royal family are exempt from the Freedom of Information Act—this was never intended to be an absolute exemption, and in practice the public interest test that should be applied has never come down in favour of disclosure, in my experience from scores of requests over a decade.”
This is really just one arbitrary and absurd rule for the rich and powerful and another for the rest of us. My Bill would remove section 37 from the Freedom of Information Act completely.
The second part of my Bill would add a number of relevant institutions to the list of public authorities in the 2000 Act. That is because none of the main royal institutions is listed in the Act, so freedom of information requests cannot be made of them directly. My Bill proposes to fix that by adding the royal family, the royal household, the Royal Archives, and the ex-officio royal duchies of Cornwall and Lancaster to the list of public authorities covered by the Act. We should be able to ask questions to those undoubtedly public authorities.
Currently listed in schedule 1 of the 2000 Act are such institutions as the Advisory Board on the Registration of Homoeopathic Products, the British Wool Marketing Board, the Commissioners of Northern Lighthouses and the Government Hospitality Advisory Committee for the Purchase of Wine. The Act is very comprehensive, because we rightly expect transparency from the whole range of public bodies that owe us the Nolan duty of openness in exchange for our funding, patronage and respect—and we should of the royal family too.
All the usual exemptions would still apply—those relating to junior staff and national security, for example—but my Bill would go further. With reasonable measures similar to those that protect MPs from disclosures that might pose a danger to us from a security perspective, my Bill will allow for non-disclosure where data such as future travel details appear.
Finally, I want to say a few words about the uses and abuses of the secrecy currently afforded to the Royal Archives and why that must be included in schedule 1 to the 2000 Act. Under the Public Records Act 1958, UK Government Departments must identify records of historic interest and release all possible content to the National Archives. Many closed Government records have been made public this way through the 30-year rule—now the 20-year rule. MI5 now declassifies and releases historical records to the National Archives after 50 years, but the royal family operates with no such rule around its own archives.
The Royal Archives operates broadly reign by reign, but nearly four years after the death of Queen Elizabeth II, still no historical records since 1952 can currently be accessed from the archives. Even when records are unlocked within the archives, as those from previous monarchs have been, it is still left to the archive gatekeepers to decide which historians can be given the keys—in private and without the public interest tests of the Freedom of Information Act.
History should not be curated, but the preservation of royal image—even many years after a monarch’s death—seems to take precedence over academic inquiry. We need all historians, not just those within a certain circle, to have access to these records so that we can have a truthful account of our own history.
This sounds like a Bill only for republicans, but I believe that monarchists should be its most fervent supporters. No one has damaged the reputation of the monarchy in this country and abroad more than Andrew Mountbatten-Windsor, who was able to carry on his nefarious activities in the comfort of knowing that he was protected by this shroud of secrecy. Yes, we found him out many years later and took away his offices, but the sunlight of Nolan is not only disinfectant in retrospect, but also preventive. If he had had to be open, would he have been as bad? We will never know.
Question put and agreed to.
Ordered,
That Siân Berry, Ian Byrne, Rachael Maskell, Tom Gordon, Pete Wishart, Kirsty Blackman, Claire Hanna, Jeremy Corbyn, Dr Ellie Chowns, Hannah Spencer, Liz Saville Roberts and David Davis present the Bill.
Siân Berry accordingly presented the Bill.
Bill read the First time; to be read a Second time on Friday 13 November, and to be printed (Bill 119).