Letter to the Clerk of the Committee from
the Parliamentary Relations and Devolution Team, Foreign and Commonwealth
Office, 2 December 2004
On 15 June 2004, two Orders in Council were
passed in order, inter alia, to prevent resettlement of the British
Indian Ocean Territory. These Orders in Council are now the subject
of challenge by a judicial review brought against the Secretary
of State for Foreign and Commonwealth Affairs. As part of the
defence of the case, a witness statement is being signed to set
out the relevant evidence and it is necessary to exhibit documents
which are relevant. These would include seven letters between
the Foreign Affairs Committee and the Foreign Secretary. The deadline
for service of the documents is Wednesday 8 December but it would
be necessary to paginate and make several copies of the exhibits
at least two days before that.
The letters from the Chairman of the Foreign
Affairs Committee to the Foreign Secretary of 18 June 2002, from
the Foreign Secretary to the Chairman of the Committee of 12 July
2002, from the Chairman of the Committee to the Foreign Secretary
of 23 October 2002 and from the Foreign Secretary to the Chairman
of the Committee of 14 November 2002 are relevant to show the
normal procedure for Orders in Council to be sent to the Foreign
Affairs Committee at least 28 sitting days before they are made,
except in urgent cases. The letters from the Foreign Secretary
to the Chairman of the Foreign Affairs Committee of 15 June 2004,
from the Chairman of the Committee to the Foreign Secretary of
28 June 2004 and from the Foreign Secretary to the Chairman of
the Committee of 9 July 2004 are relevant to show why, in the
circumstances of the two Orders in Council of 15 June 2004, the
normal procedure could not be carried out.
I understand that three letters, those of 18
June 2002, 12 July 2002 and 14 November 2002, have already been
reported to the House and published. These can therefore be referred
to in court without presentation of a petition to the House. In
order for the other four letters, of 23 October 2002, of 15 June
2004, of 28 June 2004 and of 9 July 2004, to be exhibited in court,
they would first also have to be reported to the House by the
Committee.
May I therefore request that you ask the Committee
whether it would be willing to report these four letters to the
House at its meeting on Monday 6 December?
Chris Stanton
Parliamentary Relations and Devolution Team
Foreign and Commonwealth Office
2 December 2004
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