HSCB reply

Risk registers are a tool of management theory. Risk assessments are frequently used in project management and corporate strategy for the purpose of policy making. They set out a whole series of scenarios from the most optimistic to the most pessimistic. They are a useful tool in making judgements and choices but they are not intended to predict the future.

Civil servants carry out such risk assessments to assist Ministers. There is a specific provision in the Freedom of Information Act which deals with disclosure. Section 35 sets out an exemption from the right to know if the information in question is held by a government department and relates to the formulation or development of government policy. That exemption is balanced by a public interest test.

See: http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_ specialist_guides/formulationofgovernmentpolicy.pdf

The last Labour Government refused to disclose details of Risk Registers for the very obvious reason that political opponents of a particular policy will seize upon the pessimistic and exploit it without reference either to the degree of risk or to more optimistic assessments. The ‘transition risk register’ (TRR), for which disclosure was sought, is essentially a set of risk assessments relating to the transition from the NHS as it was in 2010 to the NHS as it is proposed it should be once the reforms set out in the white paper have been implemented. They will take no account of the massive changes which Shirley Williams and Lib Dem peers have obtained to the Bill as first published. We are very proud of our efforts.

The First tier Tribunal over-ruled the decision of the Information Commissioner not to release the Risk Registers and its reasons are awaited. I would expect to hear those reasons before next Monday. I understand that Lord Owen will be redrafting his amendment to the Third Reading motion which will remove his attempt to block the passing of the Bill.

Thank you for your interest in this legislation. It has been hugely distorted in the media, but if you study it, you will soon appreciate that the basic pillars of the NHS are maintained.

Yours,

Martin Thomas,

Lord Thomas of Gresford.

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