Member

I turn to Amendment 4 on the trigger for the duty of candour. This is another probing amendment. The short point here is: at what point does the duty of candour kick in? At what point is that duty triggered as a matter of law? The reason why this is relevant is that Clause 8 is clear that the duty of candour and assistance applies in respect of both an inquiry that starts after the Bill is passed and has come into force, and an inquiry that is ongoing at that time. This amendment therefore probes what the Government mean by “started”. The suggestion in the amendment is that the duty should be triggered by the formal establishment of an inquiry. By making that suggestion, I want to give the Minister the opportunity to confirm whether that is his intention in the Bill, or whether the Government have an alternative point of time in mind—and, if so, what that is. I will listen carefully to the Minister’s response.