As stated by the fictional character of Sir Humphrey Appleby in Yes Minister ‘Open Government is a contradiction in terms. You can be open, or you can have government. The Thirty Year rule is a good example of this situation.

The thirty year rule allows for the release of Cabinet Documents after the efflux of a thirty year period from the year in which they were created. Section 10 of the National Archives Act allows for the inspection of records except where they are less than 30 years old (s.10.1 (a)) or older than 30 years where their release may be contrary to the public interest, breach of statutory duty or cause damage or distress to living persons (s. 8.4). The documents which are the subject to the provisions of s 8.4 can be reviewed after a period five years by a member of the Government Department responsible for the records. Furthermore, under s.10.6 a Minister, or member of Government, is entitled to grant access to departmental document prior to the elapse of this thirty year time period.  This section was used in 1992 to allow for the release of Cabinet Documents in the wake of the confusion of the Hamilton Judgment. Continue reading →