Information victory over cancer cases

Published on Saturday 2 December 2006 01:16

SCOTLAND'S information watchdog has won the first court fight with ministers over the disclosure of data.

Kevin Dunion's victory yesterday will be toasted by the Green Party, which he had ruled should be given details of leukaemia cases in Dumfries and Galloway. The party wanted the information to examine the effect of radioactive waste from the Sellafield plant in Cumbria.

The Common Services Agency had challenged the ruling by Mr Dunion, the Scottish Information Commissioner, but three appeal judges in the Court of Session, led by the country's senior judge, decided that the information should be provided.

One of the judges remarked that the Freedom of Information (Scotland) Act should be construed as liberally as possible.

Another five cases between Mr Dunion and ministers, involving different aspects of the act, are pending.

Lord Marnoch said: "I am of the opinion that the statute should be construed in as liberal a manner as possible."