Derek McDowell (Labour)

This is something about which I have been concerned. I would prefer a straightforward objective test rather than this subjective test. In other words, if something is confidential the requirement under the process should not necessarily apply, but obviously we will leave the test as to whether a matter is confidential exclusively to the opinion of the Minister. It does not have to be a justified opinion, it just has to be his or her opinion. This places a serious onus on the Minister to discharge that judgment in a reasonable fashion. Good faith is the key issue here.

Clearly if Ministers abuse this provision the section will not work. The section contains the possibility that one could abuse it because all one would have to do is say that in their opinion it is confidential and that is the end of the issue. There is no requirement to demonstrate that something is objectively confidential. It should be put on record that it is possible this section will prove to be inadequate and it comes down entirely to the good faith of Ministers. For the moment I am prepared to trust that good faith exists.