A set of “particularly frank” letters written by Prince Charles to government ministers may not be released until the end of July because legal arguments over their publication have yet to be concluded, officials announced on Wednesday. Following a decade-long battle initiated by the Guardian, the UK supreme court ruled last month that the government had unlawfully blocked the publication of the so-called “black spider” letters sent by the prince to ministers.
One legal issue remained to be resolved – how much of the letters should be blacked out to preserve the privacy of undisclosed individuals mentioned in the letters, other than the heir to the throne .
Officials announced on Wednesday that they expect the remaining legal argument to be resolved by 31 July and set a timetable for submissions to be lodged with the freedom of information tribunal that will settle the issue.
After the supreme court ruling, David Cameron conceded that the government’s 10-year battle to keep secret the letters, which were written by the prince promoting his private views, was over. The prime minister told aides to prepare the release of the 27 pieces of correspondence between the prince and ministers in Tony Blair’s government.
Lawyers for the government and the Guardian have been given the timetable to make written submissions about how much, if any, of the letters should be blacked out. The government’s lawyers will be required to identify each individual whose privacy they wish to protect, and the reasons why.
A spokesman for the tribunal said : “At this stage there is no indication whether there will be a need to hold any further hearings and the tribunal has not given any directions as to a deadline for release of the letters. However, the tribunal expects that any issues should be resolved by 31 July 2015.”
In September 2012, the tribunal ruled that the letters should be published, after deciding that the public should know how the prince seeks to influence government policy. At the time, the three judges in the tribunal concluded: ‘The essential reason is that it will generally be in the overall public interest for there to be transparency as to how and when Prince Charles seeks to influence government.”
However, in October 2012, Dominic Grieve, the then attorney general, with the backing of the Cabinet, summarily overruled the tribunal and vetoed the publication of the letters. Grieve had argued that the contents of the letters could damage the political neutrality of the prince and “seriously undermine” his ability to carry out his duties if he became king.
The Guardian challenged this use of the veto under the freedom of information act, and won at the supreme court. Lord Neuberger, the president of the court, said that Grieve had acted unreasonably.
The prince sent the letters to ministers in seven Whitehall departments between September 2004 and April 2005. The departments cover business, health, schools, environment, culture and Northern Ireland.