COLCHESTER Council has been ordered – on pain of prosecution – to release secret papers about the building of the town’s controversial new arts facility.

The Government’s official information watchdog has severely criticised the council for trying to keep private information about the unfinished and hugely over-budget Visual Arts Facility.

An investigation by the Information Commissioner’s Office has ruled the council was wrong to withhold details in response to a Freedom of Information Act request. The request was lodged by an undisclosed person on March 10, 2008.

The request was for details of progress on the building – including how much it might cost the taxpayer if it all went wrong. It released some information, including selected details from health and safety reports, project timetables and a list of defects found in the building.

But a report showed other important details were withheld.

The council is currently suing its original builders and feared publication of the details might threaten its court action.

It claimed the information it withheld was commercially and legally sensitive, breached data protection laws and could discredit those involved.

But the Information Commissioner’s report dismisses the council’s arguments as invalid – and demands the rest of the information be made public within the next few days.

The commissioner also ruled the council was wrong to withhold the information and failed to respond properly to the request.

His report orders the council to release the missing information by June 16 – including details of builders and other project officers involved in the project, but not previously revealed. Failure to do so could lead to a prosecution.

Andrew Weavers, the council’s legal services manager, said it would now release the information.

Paul Smith, councillor responsible for the project, added: “I’m grateful to the Information Commissioner for clarifying exactly what the correct legal position is.

“We obviously didn’t want to prejudice the legal action, but if the commissioner says ‘do it’ that’s absolutely fine by me.”

Neither the council, nor the commissioner’s office has disclosed the identity of the person who requested the information in the first place.

Work to complete the outer shell of the building, off the High Street, should have finished two years ago and cost £16.3million. The latest estimate is £19million.

Last month, the council agreed to earmark another £1.1million for work on the interior. It is hoping to claim back £1.4million through legal action against former builder, Banner Holdings.

Essex County Council and the Arts Council have confirmed they are also considering requests to chip in £1.5million apiece to get the arts complex finished.