Lord Wallace of Saltaire
Main Page: Lord Wallace of Saltaire (Liberal Democrat - Life peer)Department Debates - View all Lord Wallace of Saltaire's debates with the Cabinet Office
(1 year, 5 months ago)
Lords ChamberMy noble friend speaks powerfully, as always. However, this is a matter for the inquiry. We have set up this wide-ranging inquiry so that these points can be looked at. It is right that different witnesses are recounting their experiences and that the inquiry is able to call upon the sorts of findings that my noble friend has mentioned.
My Lords, does the Minister recall an earlier government-appointed judicial inquiry in which the Government chose what material to release to the judge rather than allowing the judge, under the rule of law, to choose for himself or herself? Also, does the Government’s recourse to judicial review mean that they have now reversed their previous attitude to limiting the judicial review and that therefore we can expect not to see ouster clauses in any future Bills under this Government?
Although this is a much wider inquiry even than other previous important inquiries, the process that has been followed by the Cabinet Office and across Whitehall is very similar in terms of providing information to the chair. There is a judicial review because of a specific technical point raised by the Section 21 notice that has been issued. In terms of judicial review, the noble Lord is right that judicial review must be used with circumspection. However, there is an important technical point here about whether it is right to provide unambiguously irrelevant material to the inquiry which is the subject of the review.