13.01.09
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Minutes of Whitehall committees that decided on introducing
MMR should be fully disclosed, the information commissioner ruled in a decision
backing the FOIA Centre.
The decision marks a significant victory for the freedom of information
act (FOIA) in holding government departments to account for their actions.
It undermines the government’s attempt to shield decision-making
in all departments from scrutiny on the grounds that it would hamper internal
discussions.
In his ruling, the information commissioner, Rich-ard Thomas, says:
“Some of the controversy surrounding national immunisation policy has
been fed by a perceived lack of transparency.”
“Knowing who said what, and whose opinions were taken into account
is… an important factor towards openness, accountability and transparency.”
The department of health (DoH) had disclosed redacted versions of the
minutes in response to three separate requests by the FOIA Centre acting on
behalf of a parent of one child allegedly seriously harmed by the MMR triple
vaccination.
This enabled us to reveal two years ago how Britain used a version
of MMR, containing the Urabe strain of mumps, even though health officials
knew of problems with it in other countries. It causes encephalitis-type conditions,
including meningitis, in some cases. The revelations prompted wide media coverage.
We had obtained under FOIA redacted versions of several meetings held
by three separate Whitehall committees that recommended the introduction of
the UK measles-mumps-rubella programme in 1988, and, subsequently, the withdrawal
of Urabe MMR in 1992. Urabe MMR made up 85% of the triple-vaccine injections
for that initial four-year period.
We also disclosed how parliament was misled over the safety of the
Urabe MMR.
After an investigation by the office of the inform-ation commissioner
lasting two years, it issued its decision, ordering the DoH to disclose all
the minutes fully to us by January 26. The department could lodge by that
date an appeal to the information tribunal.
Families in a group claim in the high court for damages on behalf of
children allegedly damaged by the MMR triple vaccination collapsed a year
ago because the withdrawal of legal aid.
Documents on MMR were obtained by the FOIA Centre acting on behalf
of one of the parents of a child in the group litigation against various pharmaceutical
companies.
FOIA
Centre commentary
This is a break-through ruling made by the information commissioner in
his role as the FOIA watchdog.
Public bodies have jealously guarded information that would enable
full accountability for those responsible for taking important policy decisions.
The decision on introducing MMR in the UK is a prime example.
The public has a right to know who said what in the deliberations that
led to the implementation of that policy.
We believe that the information commissioner’s emphatic decision,
rejecting each and every attempt by the government to redact important details,
is as significant a victory for freedom of information in the UK as the ruling
on MPs’ expenses.
Comment on this article
Detailed findings by watchdog on MMR minutes
FOIA
Centre news archive: the MMR files
Comments on MMR (13)
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