Government may appeal release order

Information Commissioner Richard Thomas said the papers should be disclosed under the Freedom of Information Act because of the "gravity and controversial nature" of the discussions involved. It is the first time the commissioner has ordered the release of Cabinet minutes, which are normally retained for at least 30 years.

Mr Thomas insisted his ruling would not set a "dangerous precedent" for further such Cabinet releases, but MPs warned that it would inevitably lead to demands for more information. Ministers now have five weeks to decide whether to publish the papers or to lodge an appeal with the Information Tribunal.

The ruling by Mr Thomas relates to a Freedom of Information request for the minutes of two meetings in March 2003 when the Cabinet discussed the advice of the then Attorney General, Lord Goldsmith, on the legality of military action.

The Cabinet Office initially refused on the grounds that material relating to the formulation of government policy and communications between ministers was exempt under the terms of the act.

However, Mr Thomas ruled that in this case the arguments were outweighed by the public interest in disclosure which would "allow the public to more fully understand this particular decision of the Cabinet".

His ruling states: "The commissioner considers that a decision on whether to take military action against another country is so important that accountability for such decision-making is paramount.

"In this case, in respect of the public debate and controversy surrounding the decision to take military action in Iraq, the process by which the Government reached its decision adds to the public interest in maximum transparency.

"It is also the case that there is a widespread view that the justification for the decision on military action in Iraq is either not fully understood or that the public were not given the full or genuine reasons for that decision. In coupling this context with his analysis of the information itself, the commissioner believes that its release would assist in addressing uncertainties and controversies in this respect."

Mr Thomas said that the arguments in favour of disclosure were further strengthened by the controversy surrounding Lord Goldsmith's advice and the resignations of the then Commons Leader Robin Cook and a number of junior ministers. The Cabinet Office said it was "considering" the ruling.