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| Supreme court clears way for release of secret Prince Charles letters | Supreme court clears way for release of secret Prince Charles letters |
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| The UK supreme court has cleared the way for the publication of secret letters written by Prince Charles to British government ministers, declaring that an attempt by the state to keep them concealed was unlawful. | The UK supreme court has cleared the way for the publication of secret letters written by Prince Charles to British government ministers, declaring that an attempt by the state to keep them concealed was unlawful. |
| Related: Prince Charles memos: supreme court ruling live | Related: Prince Charles memos: supreme court ruling live |
| The verdict – the culmination of a 10-year legal fight by the Guardian – is a significant blow for the government, which has been battling to protect Charles from scrutiny over his “particularly frank” interventions on public policy. | The verdict – the culmination of a 10-year legal fight by the Guardian – is a significant blow for the government, which has been battling to protect Charles from scrutiny over his “particularly frank” interventions on public policy. |
| Five of the seven judges in the court ruled in favour of the Guardian. The verdict was delivered on Thursday by Lord Neuberger, the president of the court. | Five of the seven judges in the court ruled in favour of the Guardian. The verdict was delivered on Thursday by Lord Neuberger, the president of the court. |
| No date has been fixed yet for the publication of the letters. The Sun reported on Wednesday that David Cameron had told Charles that he would l attempt to change the law to prevent the letters ever being released. | No date has been fixed yet for the publication of the letters. The Sun reported on Wednesday that David Cameron had told Charles that he would l attempt to change the law to prevent the letters ever being released. |
| The judges concluded that the then attorney general, Dominic Grieve, did not have the legal power to veto a freedom of information tribunal, which had decided the letters should be published. | The judges concluded that the then attorney general, Dominic Grieve, did not have the legal power to veto a freedom of information tribunal, which had decided the letters should be published. |
| In 2012, the tribunal ruled that the 27 pieces of correspondence between the prince and ministers in Tony Blair’s government should be made public. | In 2012, the tribunal ruled that the 27 pieces of correspondence between the prince and ministers in Tony Blair’s government should be made public. |
| The tribunal said it was in the public interest “for there to be transparency as to how and when Prince Charles seeks to influence government”. | The tribunal said it was in the public interest “for there to be transparency as to how and when Prince Charles seeks to influence government”. |
| Grieve overruled the tribunal, arguing that publication of the letters between September 2004 and April 2005 would seriously damage the Prince of Wales’s kingship. | Grieve overruled the tribunal, arguing that publication of the letters between September 2004 and April 2005 would seriously damage the Prince of Wales’s kingship. |
| Delivering the verdict, Neuberger said: “The supreme court dismisses the attorney general’s appeal. The effect is that the decision of the upper tribunal, that the advocacy correspondence is disclosable under the Freedom of Information Act and, in the case of environmental material, the environmental information regulations 2003, stands.” | Delivering the verdict, Neuberger said: “The supreme court dismisses the attorney general’s appeal. The effect is that the decision of the upper tribunal, that the advocacy correspondence is disclosable under the Freedom of Information Act and, in the case of environmental material, the environmental information regulations 2003, stands.” |
| He said it was not reasonable for Grieve to issue the veto “simply because, on the same facts and admittedly reasonably, he takes a different view from that adopted by a court of record after a full public oral hearing”. | He said it was not reasonable for Grieve to issue the veto “simply because, on the same facts and admittedly reasonably, he takes a different view from that adopted by a court of record after a full public oral hearing”. |
| He added: “There is no clear or specific suggestion anywhere in the [Freedom of Information Act] that it is intended that [a veto] should enable a member of the executive to over-ride a judicial decision.” Lord Wilson and Lord Hughes each gave dissenting judgments on the issue and believe that Grieve was entitled to veto the court’s decision. | He added: “There is no clear or specific suggestion anywhere in the [Freedom of Information Act] that it is intended that [a veto] should enable a member of the executive to over-ride a judicial decision.” Lord Wilson and Lord Hughes each gave dissenting judgments on the issue and believe that Grieve was entitled to veto the court’s decision. |
| Dowing Street said it would consider the implications of the ruling. David Cameron said in a statement: “This is a disappointing judgment and we will now consider how to release these letters. This is about the principle that senior members of the royal family are able to express their views to government confidentially. I think most people would agree this is fair enough. | |
| “Our FOI laws specifically include the option of a governmental veto, which we exercised in this case for a reason. If the legislation does not make parliament’s intentions for the veto clear enough, then we will need to make it clearer.” | |
| Clarence House, the residence of Prince Charles, said it was disappointed by the ruling. “This is a matter for the government,” it said in a statement. “Clarence House is disappointed that the principle of privacy has not been upheld.” | |
| A royal aide said that the palace was relatively “relaxed” about the imminent publication of the letters themselves and noted that the judgement was not based on the content of the letters, but on the principle of the separation of powers. The palace is understood to be more concerned that the broader principle of privacy in communications between the Prince of Wales and ministers has not been upheld. | |
| Paul Flynn MP, a Labour member of the commons political and constitutional reform committee, said the ruling could increase public demand for the crown to be passed straight to Prince William when the Queen dies. | |
| “This opens up a much bigger issue,” he said. “If there are serious questions about the suitability of Prince Charles as a monarch there could be a question in the public mind about whether to skip a generation. The attorney general already said the main justification for keeping the letters secret was they would hinder Charles ability to be a successful monarch.” | |
| He added: “This has been a waste of a considerable sum of taxpayers’ money trying to prevent as knowing the truth about someone who will become our king. It is an example of the abject subservience to royalty.” |