To ask the Secretary of State for Justice pursuant to the answer to the hon. Member for Lewes of 1 February 2010, Official Report, column 113W, on the David Kelly death inquiry, whether Lord Hutton made that recommendation after consultation with Dr Kelly's family; and whether Dr Kelly's family has been given access to the post mortem examination report. (316102)

I refer the hon. Member to the answer I gave to the hon. Member for Lewes (Norman Baker) on 1 February 2010, Official Report, column 113W. No determination has been made that the medical reports and photographs connected to the death of Dr. David Kelly should be closed for 70 years. Rather, Lord Hutton requested that the post mortem examination report relating to Dr. Kelly not be disclosed for 70 years because he was aware of the distress that could be caused to Dr. Kelly's wife and daughters. Disclosure of information during the course of the inquiry to any party to the proceedings was a matter for the inquiry and is not a matter on which the Government are able to comment.