Northern Ireland

Information watchdog had contacted Stormont over withholding abortion report

How The Irish News reported on delays in the abortion working group paper's release
How The Irish News reported on delays in the abortion working group paper's release How The Irish News reported on delays in the abortion working group paper's release

THE Information Commissioner's Office had just months ago contacted Stormont in relation to complaints about withholding the abortion working group report.

Stormont's health and justice departments had resisted calls to publish the report, completed 18 months ago, in the absence of a power-sharing executive.

Civil servants insisted they needed ministerial approval, but decided on Wednesday to release it "on public interest grounds and in line with Freedom of Information (FOI) responsibilities".

The report – which recommends allowing abortion in cases of fatal foetal abnormality (FFA) – has been the subject of several FOI requests.

FOI legislation gives people a right of access to an array of information held by public bodies.

The Information Commissioner's Office (ICO), which regulates FOI compliance, confirmed it has dealt with several complaints about delays in publishing the report.

It said it contacted departmental officials, but "no formal advice has been given".

The justice department said the commissioner contacted officials in November to advise they had received a complaint, and it explained its decision to withhold the report.

A spokesman added: "However the department did recognise that there was still no indication of the resumption of the political institutions and advised the ICO that it would consult with the Department of Health early in 2018 in order to review the position. The result of that consultation was the release of the report on April 25."

The health department said it was also the focus of an ICO complaint about the report not being published.

However, it said ICO gave the requester "informal advice" that they would uphold the department's decision, and the requester agreed to withdraw his complaint without a decision notice being issued.

The FFA report's release follows concerns of an inconsistent approach by Stormont civil servants to publishing papers since the executive's collapse last year.

In November, The Irish News revealed at least 19 reports were being withheld from publication because departmental officials said they needed ministers to sign off their release.

However, at least 10 documents have been released even though staff admit they would normally require ministerial approval.

When asked for a copy of their policy on how these decisions are made, Stormont departments confirmed that no such policy exists.

Amnesty International's Grainne Teggart welcomed the FFA report's publication, and called for Stormont officials to release other reports in the public interest.

"Given the ongoing absence of devolved government, it is essential that vital reports with significant public interest and importance like this one are made known," she said.

She added: "The absence of a minister or an executive is no justification for stifling informed public debate."