Letters row sparks WAG cover-up claim from Tory

Mar 7 2008 by Martin Shipton, Western Mail

THE Assembly Government was last night accused of a cover-up after refusing to release letters between Peter Hain and First Minister Rhodri Morgan about the Assembly’s new lawmaking powers.

The letters were written while Mr Hain was Welsh Secretary and one exchange between the two politicians in particular is understood to have been of a “no holds barred” nature.

There has been friction behind the scenes between Cardiff Bay and Westminster over new arrangements under which the Assembly Government can seek powers to legislate in defined areas.

The procedure, introduced since last May’s election, involves the Assembly Government seeking what are known as Legislative Competence Orders (LCOs), which must be passed by both Houses of Parliament. There have been disagreements about the way some LCOs have been drafted, with Westminster departments taking the view that the Assembly Government has been seeking powers it considers too broad.

In January it emerged that Mr Hain had told Mr Morgan there would be no way the Assembly Government would be granted the power to ban the smacking of children by their parents.

We wanted to see details of the exchange between Mr Hain and Mr Morgan, and submitted a request for disclosure under the Freedom of Information Act.

An Assembly Government official has now confirmed that seven letters were written between the two politicians about LCOs, but has told the Western Mail it does not believe it would be in the public interest to release them.

The letter states, “Seven letters between the First Minister and the Secretary of State for Wales are captured by this request, however I have decided that the information described is exempt from disclosure under the following sections of the Freedom of Information Act:

“28(1) – ‘Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice relations between any administration in the United Kingdom and any other such administration’.

“35(1) – ‘Information held by a government department or by the National Assembly for Wales is exempt information if it relates to ... the formation of development of government policy’.

“Having applied the Public interest and Substantial harm tests we believe that disclosing the information would cause or be likely to cause substantial harm to the relations between the Welsh Assembly Government and UK Government and would not be in the public interest. ”

Welsh Conservative Assembly leader Nick Bourne, the Leader of the Official Opposition, said, “This smacks of a cover-up. Once again Rhodri Morgan’s claim to lead one of the most open governments in the world is exposed as a sham.”

A WAG spokeswoman declined to respond to Mr Bourne’s comments.