A criminal investigation team at the freedom of information watchdog has examined a complaint against the Cabinet Office, after it blocked the release of files concerning the intelligence agent Peter Wright and the Spycatcher affair.
Tim Tate, a documentary-maker and author, complained to the Information Commissioner’s Office (ICO) last June that the Cabinet Office had repeatedly given inaccurate information to justify withholding the files after he had requested their release.
Wright, a former MI5 officer, claimed in his 1987 autobiography, Spycatcher, that the security agency had bugged embassies, and that a small group of agents had plotted against the then prime minister Harold Wilson. MI5 conducted its own inquiry and said it found no evidence of a conspiracy against Wilson.
Wright died aged 78 in 1995. The files requested by Tate detail the controversy around the disclosures and the government’s attempt to quash publication of his book.
Cabinet Office officials initially turned down Tate’s request, saying the files were being prepared for transfer to the National Archives and any disclosure to him might disrupt this work. They later told Tate and the ICO that they had refused the request on the grounds that the files were exempt from disclosure because they were supplied by or related to the intelligence services. Tate has since been told the records he is seeking would now “fall due for review and possible transfer in 2029”.
The ICO told Tate last month that it had asked its criminal investigations team to conduct a review of his complaint. The correspondence from a case officer states: “The commissioner in no way considers that the inconsistent and contradictory statements made by the Cabinet Office in this matter were satisfactory or not a cause for concern.”
But the review concluded that while there was “a lack of clarity and changes of explanations” from Cabinet Office officials, the legal justification for withholding the files was sound.
Tate’s complaints over the Cabinet Office’s handling of the Spycatcher files is the latest criticism over its treatment of requests. A report by the Commons public administration and constitutional affairs committee in April last year identified poor handling of freedom of information cases across government. It also criticised the Cabinet Office over a lack of transparency of its operation of a “clearing house”, which coordinates responses to certain requests.
Tate first asked for the Spycatcher files in April 2019. He said the Cabinet Office wasted public funds by delaying the release of files and giving misleading information.
Tate said: “I’ve been trying to get this information for almost four years. The files are almost 40 years old and by law they should be in the public domain.” He said he had complained to the ICO because of inaccurate and misleading information provided during his request.
The government launched legal proceedings to stop Spycatcher being published in Australia, but lost the action in 1987. The controversy over Wright’s disclosures and the attempts by Margaret Thatcher’s government to prevent publication are detailed in 32 files containing government documents from 1986 and 1987.
The Cabinet Office has denied that any misleading information was provided by officials during the process. It said it complied with all freedom of information legislation when dealing with requests.
An ICO spokesperson said that any allegations raised involving potential criminal offences are routinely passed to its criminal investigation team for a review. The spokesperson said: “We concluded swiftly in this case that there was insufficient evidence of any such offence.”
