RESTRICTION NOTICE No. 2

RESTRICTION NOTICE No. 2

¶1 This Restriction Notice is made under section 19 of the Inquiries Act 2005 ("the Act").

¶2 For the purposes of this Restriction Notice, references to:

¶a. "the Inquiry" are references to the "Alexander Litvinenko Inquiry";

¶b. "the Chairman" is a reference to the person appointed by the Minister to chair the Inquiry under section 4 of the Act, namely Sir Robert Owen;

¶c. "the Minister" is a reference to the Secretary of State for the Home Department and, after the setting up of the Inquiry, to such other Government officials as are nominated by the Minister;

¶d. "Core Inquiry Team" is a reference to the Chairman, counsel to the Inquiry, the solicitor to the Inquiry and such other persons as are agreed between the Minister and the Chairman and identified as such in writing;

¶e. "HMG advisers" is a reference to counsel and solicitors, instructed on behalf of Her Majesty's Government, and such other Government officials as are nominated by the Minister;

¶f. "relevant witnesses" are references to witnesses whom the Chairman directs should be called to give evidence in a closed hearing as described in paragraphs 9 to 12 below; and

¶g. "open rulings, judgments or reports" are references to rulings, judgments or reports produced by the Chairman in the course, or at the conclusion, of the Inquiry which may be released to the public without risking harm to the public interest.

¶h. "Closed hearings" are hearings of the Inquiry to which paragraphs 9 to 14 below apply.

¶3 This Restriction Notice is to be read as imposing no restriction on the disclosure of any document or information:

¶a. between members of the Core Inquiry Team for purposes connected with the Inquiry; or

¶b. to the Minister or HMG advisers.

Restrictions on the Disclosure or Publication of Evidence or Documents given, produced or provided to the Inquiry

¶4 The restrictions referred to at paragraphs 5 and 7 below are imposed:

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¶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.

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¶out of the Inquiry, or otherwise.

Amendments to this Restriction Notice

¶15 By letter to the Chairman under this paragraph the Minister may remove from the scope of this Notice any document or information referred to in the Schedule.

¶16 The Chairman may invite the Minister to amend this Restriction Notice at any time upon providing the Minister with a draft of the proposed amendment and written

¶4 November 2014 (as amended 21 January 2015)

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