Oral question asked in the House of Commons, by Norman Baker (Liberal Democrat). It was answered on Tuesday, 23 March 2010 on behalf of the Ministry of Justice.

FOI Request

Question: In early January, we learned the astonishing news that in 2003 Lord Hutton recommended that material relating to the death of Dr. David Kelly should be locked away for 70 years. That material would have been made public had the matter been dealt with in a coroner's court. On 27 January, Lord Hutton indicated that he was now content for the material to be released to medical experts, who are threatening legal action against the Government, and I tabled the FOI request to which the Minister replied. The doctors have heard nothing, and my request has been turned down. Where is that material? Will she now comply with Lord Hutton's request for it to be made publicly available?

Answer: Our refusal of the hon. Gentleman's request is an entirely legitimate and normal use of the exemptions under the Freedom of Information Act. The correspondence to which he refers is a matter of public record and represents nothing new. We have already provided to the Hutton inquiry, by third parties, a clear expectation that its contents would remain confidential. I reiterate the commitment made to him by the Minister of State, Ministry of Justice, my right hon. Friend the Member for North Swindon (Mr. Wills) to revisit the Government's position should he come forward with any new evidence.

Secondary information