One of Gordon Brown’s closest allies opened a new front in the battle over freedom of information yesterday when he called for restrictions on the release of public documents to protect ministers.

Alistair Darling, the Trade Secretary, is concerned that the present Act allows advice from officials to ministers to be made public. The Times recently secured the release of advice to the Chancellor on pension tax credits.

In a letter to the Lord Chancellor, Mr Darling argues that “incremental harm” could be done to policy development and asks for the Act to be reviewed.

The proposal came as Richard Thomas, the Information Commissioner, said that he would back public bodies that refused to disclose information where requests seemed mischievous or pointless.

Moves are already under way to limit the Act, including one to exempt MPs and another to restrict costs. However, allies of the Chancellor suggested earlier this week that he will throw out the proposals when he becomes Prime Minister. He is understood to think that they send the wrong signal for an incoming administration. But in an indication of a split at the highest levels, Mr Darling highlights concern that the Information Tribunal has ruled against the Government in favour of openness.

In the letter to the Lord Chancellor, seen by the BBC, he says: “The problem seems to stem from the case-by-case approach that the Act requires us to take to FoI requests, and a discernible trend within the Information Tribunal that decisions on the public interest test have not been falling in the Government’s favour in key cases.”

Mr Thomas said yesterday that public bodies had to adopt a positive approach to openness. He also said that the Government would have to provide “clear, specific and credible evidence that the formulation or development of policy would be materially altered for the worse by the threat of disclosure”. He added that he would like to see the act changed to reflect the problem posed by “vexatious requesters”, rather than “vexatious requests”, to block people who are acting irresponsibly and bringing the Act into disrepute. Some individuals have made more than 90 requests for information from the same public body.

The Act was like “a vigorous, noisy, and sometimes unwelcome toddler”, Mr Thomas said. But, he added: “Wresting information from government and other bodies has the potential to damage trust between the state and the people. But, by the same measure, those making requests must act responsibly and with restraint.”

The Information Commissioner cited requests for information about the Prime Minister’s make-up bill, the number of “eligible bachelors” in the Hampshire police force, and the amount spent by the Foreign Office on Ferrero Rocher chocolates as examples of “pointless” applications.

Meanwhile, the Bill that would exempt Parliament from the Freedom of Information Act has received the backing of a Tory peer. Lord Trefgarne will now attempt to get it passed by the House of Lords.

Question time

— Examples of “vexatious requests” for information are said to have included:

— The cost of the Prime Minister’s make-up

— Number of eligible bachelors in the Hampshire police force

— Amount spent on Ferrero Rocher chocolates by the Foreign Office

— The number of sex acts perpetrated on Welsh sheep

Source: Lord Falconer of Thoroton, the Lord Chancellor, and Richard Thomas, the Information Commissioner

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