DH loses legal fight to keep NHS Health Bill risk register secret

The government has lost its battle to keep the NHS risk register secret after its appeal failed.

The DH has been ordered to publish the risk register for the Health Bill
The DH has been ordered to publish the risk register for the Health Bill

This morning a tribunal upheld the decision of the Information Commissioner's Office (ICO) which ordered the DH to publish the risk register for the Bill.

But the court has only ordered the government to publish the transitional risk register and has backed the DH’s decision to keep the full departmental strategic risk register secret.

A DH spokesman said: ‘We are still awaiting the detailed reasoning behind this decision. Once we have been able to examine the judgment we will work with colleagues across government and decide next steps.’

This comes after a Freedom of Information request by the then shadow health secretary John Healey was declined by the DH. The government then appealed the Information Commissioner’s ruling last November which backed its publication, launching a two-day tribunal which ended on Tuesday at the Competition Tribunal in Victoria House, Bloomsbury, central London.

The ICO’s spokeswoman said: ‘We welcome the decision of the tribunal to uphold the Commissioner’s decision notice ordering disclosure of the transitional risk register. We will consider the full details of the tribunal’s decision once it has been made available.’

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