Block on Charles's letters unlawful

Written By Unknown on Rabu, 12 Maret 2014 | 19.21

12 March 2014 Last updated at 11:48

The attorney general's refusal to let the public see letters the Prince of Wales wrote to UK ministers has been ruled unlawful by the Court of Appeal.

Guardian journalist Rob Evans had challenged Dominic Grieve's decision to veto a High Court tribunal ruling in favour of allowing their publication.

Mr Grieve argued that releasing the letters would undermine the principle of the heir being politically neutral.

He was granted permission to appeal the latest ruling to the Supreme Court.

'Important principles'

In September 2012 the Upper Tribunal, headed by a High Court judge, ruled that Mr Evans and the public were entitled to see the letters under the Freedom of Information Act 2000 (FOIA) and under the Environmental Information Regulations 2004.

The seven government departments concerned did not appeal the decision but a month later the attorney general intervened and imposed a veto under section 53 of the FOIA.

Mr Grieve had said the departments were legally entitled to refuse disclosure because the correspondence was part of the prince's "preparation for becoming king".

But on Wednesday, the Court of Appeal ruled that the certificate should be quashed because Mr Grieve had "no good reason" for overriding the decision of the tribunal and he had acted in a way which was incompatible with European law.

Lord Dyson, Master of the Rolls, said the fact that Mr Grieve reached a different conclusion to the Upper Tribunal (UT) was not enough.

"He had no good reason for overriding the meticulous decision of the UT reached after six days of hearing and argument.

"He could point to no error of law or fact in the UT's decision and the government departments concerned did not even seek permission to appeal it."

'Right to know'

Responding to the verdict, a spokesman for Mr Grieve said: "We are very disappointed by the decision of the court.

"We will be pursuing an appeal to the Supreme Court in order to protect the important principles which are at stake in this case."

The "advocacy correspondence" was described as letters the prince had written seeking to advance the work of charities or to promote views.

In a statement, Guardian News and Media said the public had a right to know if the prince was "advocating policy or promoting causes to government ministers."

It added: "We hope the attorney general will recognise he has reached the end of the legal road and that government departments will now publish the correspondence so that the public can judge for themselves."


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