The Litvinenko Inquiry

The Litvinenko Inquiry
considers it to be conducive to the Inquiry fulfilling its terms of reference and/or
necessary in the public interest that such restrictions should be imposed.
5 Otherwise than as is permitted by this Notice, no person, whether a member of the
Core Inquiry Team or otherwise, may disclose or publish to any other person the
Schedule to this Notice or any of the information contained in the documents identified
in the Schedule to this Notice (“the Schedule material”).
6 HMG advisers may disclose the contents of parts of the material referred to in the
Schedule to this Notice to such other individuals and for such purposes as are
identified in writing by the Minister to the Chairman.
7 Save with the written agreement of the Minister, no reference shall be made by the
Chairman to the Schedule material in any open ruling, judgment or report arising out
of the Inquiry, or otherwise, unless it has been removed from the scope of this Notice
by means of a letter under paragraph 15 below.
Restrictions on Attendance at the Inquiry or part of the Inquiry
8 The restrictions referred to at paragraphs 9, 12, 13 and 14 below are imposed:
(i)
as being required by the rule of law known as public interest immunity; and/or
(ii) because the Minister, acting in accordance with section 19(3)(b) of the Act
and having had regard, in particular, to the matters set out in s19(4) of the Act,
considers it to be conducive to the Inquiry fulfilling its terms of reference and/or
necessary in the public interest that such restrictions should be imposed.
9 Save with the written consent of the Minister, no person, other than the Core Inquiry
Team, HMG advisers and any relevant witness, may attend any hearing of the Inquiry
at which any of the Schedule material is to be considered or referred to, or at which
there is, in the judgment of the Chairman, any significant risk of reference being made
to such material.
10 Hearings at which such material may be considered or referred to, and which are
subject to such restrictions, are to be referred to as “closed hearings”.
11 The Minister may give consent, in accordance with paragraph 8 above, to the
attendance at a closed hearing of persons other than those identified in paragraph 9,
where the person concerned is a legal representative of the witness, the Chairman
indicates in writing that the attendance of the person is necessary, and arrangements
are in place which the Minister considers adequate to ensure that the public interest
in preventing the disclosure of the Schedule material is not damaged.
12 No person shall produce or show to any witness any of the Schedule material, or
ask any questions which tend to reveal the existence or content of such material,
otherwise than in accordance with a procedure formulated by the Core Inquiry Team
and agreed in writing by the Minister.
13 The Chairman shall ensure that no transcript of the evidence given at a closed hearing
is made available to any person other than the Minister, members of the Core Inquiry
Team or HMG advisers.
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