Supplementary evidence from the Northern
Ireland Office
RULE MAKING POWER UNDER INQUIRIES ACT 2005
Following the Committee's recent hearing with
Minister of State, Paul Goggins MP, the Northern Ireland Office
undertook to provide you with further clarification in relation
to the power under section 41(1)(b) of the Inquiries Act 2005
to make rules relating to the return or keeping, after an inquiry,
of documents given to or created by the inquiry.
In the course of the hearing the Committee Chairman,
Sir Patrick Cormack asked how Minister of State, Paul Goggins
MP would exercise these rule-making powers to give reassurance
and whether he might seek assistance from the Surveillance Commissioner
on this matter.
Government recognises the importance of preserving
the integrity of inquiry records and ensuring that information
is stored securely. However I should clarify that this rule-making
power under section 41 of the Act falls to the Lord Chancellor
and not to the Minister and consequently we do not see any additional
role for the Surveillance Commissioner in this process.
The Lord Chancellor has in fact already exercised
this power and has made rules covering all inquiries established
by UK Ministers under the Inquiries Act. These rules state that
on conclusion these inquiries must pass their records either to
a UK Government Department or to the Public Records Office, depending
on what the Minister who established them directs. In this, these
rules have enshrined in statute what has been customary practice
in the past, that inquiries' records are kept by their sponsor
departments or by the Cabinet Office. The rules also ensure that
it is possible to make appropriate provision for any highly classified
material.
I would add that these rules do not apply to
inquiries which were not originally established under the Inquiries
Act 2005 but which have subsequently been converted to inquiries
under than Act. They do not, therefore, apply to the Robert Hamill
or Billy Wright Inquiries. However we would expect the same general
principle to be followed.
I hope this information is helpful. If you require
further detail, please let me know and I will seek to provide
it at the earliest opportunity.
Katie Pettifer
Deputy Director, Rights, Elections & Legacy
Northern Ireland Office
5 June 2008
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