CAAT at the Information Tribunal

In March 2008 the Information Tribunal heard two appeals against decisions by the Government to withhold documents about UK arms deals with Saudi Arabia.

Under the Freedom of Information Act, if disclosure of information requested is refused by a public body, and, on investigation, by the Information Commissioner, the requestor can appeal to the Information Tribunal to have the information disclosed.

In August, the Information Tribunal dismissed the first appeal, but in October it ordered that some of the Foreign Office documents sought in the second case be released.

Al Yamamah MoUs

The first appeal was brought by CAAT against the Information Commissioner and Ministry of Defence (EA/2007/40).

CAAT originally asked for four Memoranda of Understanding (MoUs) concerning UK arms deals with Saudi Arabia.

One of the MoUs concerned the forerunner of the Al Yamamah arms deals – the Saudi Arabian Air Defence Advisory Project (SADAP) – dating from 1973.

The other three MoUs relate to Al Yamamah and date from 1985, 1986 and 1988. As the 1973 and 1985 MoUs have previously been disclosed in error, CAAT is only now appealing for the 1986 and 1988 MoUs.

In this case CAAT was represented by barrister Tom Hickman of Blackstone Chambers and solicitor Jamie Beagent of Leigh Day & Co. For the closed hearings CAAT was represented by barrister Khawar Qureshi QC.

UK arms sales to the Saudi Arabian National Guard

The second appeal was brought by CAAT researcher Nicholas Gilby in an individual capacity against the Information Commissioner and Foreign and Commonwealth Office (EA/2007/71/78/79).

This case is three separate cases which, because they deal with identical issues, were consolidated into one appeal. Mr Gilby originally asked for documents at the National Archives to be released into the public domain (files FCO 8/1200, parts of files FCO 8/1187 and a number of documents from other files). The documents relate to UK arms sales to Saudi Arabia (mostly the Saudi Arabian National Guard) between 1968 and 1972. Some information was released by The National Archives but this appeal is to obtain the remainder of the information. The National Archives decided not to contest the Tribunal as the Foreign and Commonwealth Office was joined as a party to the proceedings.

Mr Gilby represented himself. For the closed hearings he too was represented by barrister Khawar Qureshi QC.

The hearings

• Official transcript of the first day of the hearing, 3rd March. This includes witnesses Dr Vincent Cable MP, Deputy Leader of the Liberal Democrats, and William Patey, UK Ambassador to Saudi Arabia.
  
• Official transcript of the second day of the hearing, 4th March. This includes witnesses Stephen Pollard, Commercial Director and Deputy Director General of the Ministry of Defence Saudi Armed Forces Programme; Carne Ross, former UK diplomat and Director of Independent Diplomat; and Katie de Bourcier, Director of Information (Exploitation) at the Ministry of Defence.
  
• Official transcript of the fifth day of the hearing, 7th March. This includes witness William Patey, UK Ambassador to Saudi Arabia.
  

last updated: 31st October 2008