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News that a circuitous route has been found to debate the scandals and childish behaviour of Prince Andrew have highlighted the weakness of the Freedom of Information Act (FOIA) (which is used by The Eye), when requests concerning the Royal family are exempt.
The Liberal Democrats (Lib Dems) may use their allotted ‘Opposition Day Debate’ for MPs to discuss the prince’s conduct, his 30-room mansion, and the possibility of formally stripping him of his dukedom.
Although Prince Andrew has given up using his Duke of York title, only a law passed by Parliament can officially remove it.
The prince is reportedly in discussions about leaving Frogmore ‘cottage’ voluntarily after a furore about him living in the property, but only paying a tiny rent.
The UK Government has so far refused to allocate time in the House of Commons (HoC) for MPs to debate his situation, because the Royal family wants parliament to focus on “important issues”.
But the issue could be raised on one of the days when ministers are not in control of the parliamentary timetable and a Lib Dem source indicated to the Sunday Times (ST) that the party could be prepared to use one of its opposition days to allow MPs to discuss Prince Andrew’s behaviour, and his future.
This is made even more significant by the fact that huge renovations had previously been made to Frogmore ‘cottage’.
The King’s brother is said to be in talks with Charles’ representatives, but is reluctant to give up his residence of more than 20 years, with the sticking points said to be the location of his new home and financial compensation for funds spent on the lodge.
Prince Andrew attempted to draw a line under years of controversy, following allegations he sexually abused Virginia Giuffre, by giving up his dukedom and other honours ahead of the publication of Ms Giuffre’s posthumous memoir.
But the prince, who strenuously denies the allegations, was instead swamped by criticism that focused on the property he has lived in effectively rent-free since 2003.
Andrew currently lives at the ‘cottage’ paying a token ‘peppercorn’ amount in rent that typically exists only to ensure the lease is valid.
The King has long been said to have tried to encourage his younger brother, who lives in the home with his ex-wife Sarah Ferguson, to move out, but Andrew signed a watertight 75-year lease on the property in 2003.
However there could be problems – and not simply for Andrew.
We are often told our questions through an FOIA can be refused, so perhaps the Parliamentary route is the only one.
Information can be withheld on the grounds that our queries are “vexatious” – and this happened when The Eye asked about crooked ‘academic’ Steve Chan.
Our journalists have shown that Chan had been imprisoned by a court in Boston for four years and three months, as well as being ordered to pay millions of dollars in compensation, yet worked on a contract at contentious Swansea University (SU).
Officials there, however, seemed reluctant to talk about him.
Four of the questions we asked in The Eye’s FOIA about Chan were:
- What was the exact date that Professor Steve Chan of the School of Management registered for his Ph.D at Swansea University?
- What was the exact date that he undertook his viva voce examination for his Ph.D?
- Who were the members of his Ph.D viva committee (including external examiners)?
- Who approved the appointment of the supervisors for his Ph.D?
Like these queries, requests for crucial information about Royalty can also be turned down, and this may make it difficult for the Lib Dems.
The FOIA 2000 states: “(1)Information is exempt information if it relates to—
[F1(a)communications with the Sovereign,
(aa)communications with the heir to, or the person who is for the time being second in line of succession to, the Throne,
(ab)communications with a person who has subsequently acceded to the Throne or become heir to, or second in line to, the Throne,
(ac)communications with other members of the Royal Family (other than communications which fall within any of paragraphs (a) to (ab) because they are made or received on behalf of a person falling within any of those paragraphs), and
(ad)communications with the Royal Household (other than communications which fall within any of paragraphs (a) to (ac) because they are made or received on behalf of a person falling within any of those paragraphs), or]
(b)the conferring by the Crown of any honour or dignity”.
This act is a pale imitation of the FOIA in the United States of America (USA), on which it is modelled.
The one in America made US government agencies’ functions more transparent, so that the American public could more easily identify problems and put pressure on Congress, agency officials, as well as the President to address them.
It is often invoked by media organisations there, whereas we rarely do.
The Eye wish the Lib Dems luck because this may be the only way to bring out facts about the Royal family.
Using the useless FOIA certainly won’t…
The memories of our Editor, Welshman Phil Parry’s, remarkable decades long award-winning career in journalism (during which the Freedom of Information Act was seldom relied on) as he was gripped by the rare and incurable neurological disabling condition Hereditary Spastic Paraplegia (HSP), have been released in a major book ‘A GOOD STORY’.Order the book now!
Tomorrow – how the latest extraordinary audience figures for Wales’ solitary national English-language radio station, reflect shocking numbers for Welsh media outlets generally today.
