Covid 19 Inquiry: Judicial Review

Robert Buckland Excerpts

Monday 5th June 2023 Commons Chamber

[Jeremy Quin]

The hon. Gentleman is showing off his Latin! But let me respond to the hon. Lady’s important question about who is keeping an eye on this and who is running it. I want to give her an absolute assurance—she asked for one, and it was reasonable for her to do so—that there is no political involvement in the process of establishing what is and is not relevant information, and what is unambiguously irrelevant. That is a process undertaken by lawyers, by the counsel team, with a KC involved. It starts with witnesses being required to say, “These are the materials that may be in scope”. They must then go through the process, initially with the counsel team and with an overview from the KC; but no politicians are involved. The hon. Lady described this process as “wild”, but I do not think it is. I think it is quite narrow and technical, but I also think it is important for the future conduct of such inquiries, and for this inquiry, that we know exactly where the law stands.

[Sir Robert Buckland (South Swindon) (Con)]

I thank my right hon. Friend for coming to the House, bravely, to defend the Government’s position. Is it not the case that the courts will be very reluctant to become involved in second-guessing the decision making of Baroness Hallett, and will have to decide that she has got things very wrong indeed before they wish to intervene? This prompts, does it not, the question in the old wartime adage: “Is your journey really necessary?” In that spirit, I must press my right hon. Friend and ask him whether he is ensuring that all manner of expedition is taking place. Will there be a very early hearing in the divisional court? Those concerned—and we have all heard their heart-rending stories—cannot wait a moment longer for the resolution of these important matters.

[Jeremy Quin]

As my right hon. and learned Friend says, the chair of the inquiry is both experienced in inquiries and an eminent former Court of Appeal judge. I have alluded to arguments that have been presented, and Members may well wish to look them up.

This is a matter for the courts to determine, but I entirely agree with my right hon. and learned Friend that it is something we want to advance at the swiftest possible pace—and, incidentally, while doing so we will continue to supply documents to the inquiry. That process continues, and I hope the inquiry will feel able to continue its vital work, but it is important for the matter to be resolved in the courts as soon as possible. I am pleased to inform my right hon. and learned Friend that, according to my understanding, the courts have indicated that we can use an expedited process and have a divisional court hearing, which is expected to be held on or shortly after 30 June. I am very grateful to them for doing that so swiftly.