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Judge expresses doubts over soundness of the Russell inquiry
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The Information Tribunal has finally reached its decision over David Holland's request for access to the Russell inquiry's emails. The decision is that they should not be released.
That's the bad news.
The good news is that the decision seems to have been made on the grounds that David H failed to demonstrate that UEA were controlling the inquiry. These are the only grounds on which the Tribunal could have demanded that the emails be released. However, in the course of reaching that decision, the judge seems to have doubted the soundness of the inquiry:
...we find it surprising that there was no contractual document, and in particular, that there was no discussion between them about the information that would be received or generated by the ICCER. Professor Acton’s evidence is that he had the advice and input of other senior colleagues at the time he was setting up this inquiry. We would have thought, in any event, that it would be almost instinctive for Professor Acton, as an historian, to have taken an interest in the question of what would happen to the information after Sir Muir’s work was concluded, even if he wanted to ensure that it was held independently during the course of the inquiry itself. His evidence as to why there was no specific agreement on this issue, nor even any discussion, appears to be somewhat contradictory. On the one hand, he says that he and his colleagues did not turn their minds to it because they were focused on getting the inquiry up and running. On the other hand, he says that it was important that the UEA not have any claim to the information because that would have compromised the information people might have been prepared to give to the inquiry, and in turn, would have compromised its independence. The second position suggests that the issue was actively considered; the first suggests that it was not. Given that Professor Acton has stressed, throughout, the importance of the inquiry not only being independent, but being seen to be independent, we would have thought that a clear statement to the effect that the UEA would not have control over, nor even sight of the information received or generated by the ICCER, would have been important.