I accept that, and I applaud the implementation team on its work, as I do the right hon. Gentleman and his colleagues who were on the original Chilcot committee. It relates to the point made by the right hon. and learned Member for Folkestone and Hythe, too. These are absolutely and quintessentially different circumstances. The right hon. Gentleman will know, because he has lived and breathed it for the best part of a year or more, that the whole edifice and architecture of Chilcot, and how to move to utilise intercept as evidence in courts, is precisely as a result of the two substantive sides—precisely because of disclosure and all the other elements that surround it. They are not germane to an individual coroner sitting in such circumstances.
The right hon. Gentleman's constituency is very close to Scotland—I hope his town stays this side of the border; I have heard the rumours—and he will know that a High Court judge is quite properly on the appropriate list in Scotland to get such sensitive material, including intercept, as evidence during fatal accident inquiries. That is why FAIs do not feature in the provisions. My right hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow (Mr. Ingram) asked a question about that, and he will know that Lord Cullen of Whitekirk was recently appointed—in March, I think—to carry out a full review of the law and the operation of FAIs in Scotland. He will consider issues relating to article 2 and the disclosure of sensitive materials during the course of that review, which, I am told, is to report by next March.
Counter-Terrorism Bill (Programme) (No. 2)
Proceeding contribution from
Tony McNulty
(Labour)
in the House of Commons on Tuesday, 10 June 2008.
It occurred during Debate on bills on Counter-Terrorism Bill (Programme) (No. 2).
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477 c265-6 
Session
2007-08
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