CPS and Police can't see illegal - Information Commissioner can!

So, the News of the World phone hacking saga drags on.... and then reading about Andy Gray being a sexist pillock you come across:

Police seized notebooks from Mulcaire during an investigation which led to the private eye being jailed in 2007 for intercepting phone messages. Mr Gray alleges that "in combination with the News of the World", Mulcaire – ironically himself a former professional footballer – "hacked into" his phone messages. The court documents reveal that Scotland Yard, which has faced criticism over the scope of its phone-hacking inquiry, opposed giving Mr Gray documentation relating to an inquiry in 2006 by the Information Commissioner into the acquisition by newspapers of confidential personal information.

But Mr Justice Floyd upheld the commentator's application for the documents. "It seems to me that the documents are likely to support the case of the applicant," he said. "I have the benefit of a witness statement made by Mr Clancy of the Information Commissioner's office, in which he... says they do suggest that illegal activities are being commissioned and makes it clear that, not only does the Information Commissioner support the application, but considers the documents are likely to be helpful."

Well done Mr Justice Floyd, but if the Information Commissioner thinks there's support for the view that illegal activities are being commissioned and makes it clear that, not only does the Information Commissioner support the application, but considers the documents are likely to be helpful I can't help wondering what's stopping him from acting.