Q85 Graham Stringer: I suppose we are haggling about the word “attempt”, aren’t we?They didn't investigate because they were afraid of the possible answer, the most likely answer IMHO.
Sir Muir Russell: Yes.
Graham Stringer: That’s the real issue.
Sir Muir Russell: I don’t want to play with semantics because the real challenge that is in behind here is that the Russell Review—we will call it that—didn’t come to a conclusion on deliberate deletion of e-mails that had been requested. The reason we didn’t do that was something that I think I made clear to Mr Boswell when this came up in question 171 in March. I said I wasn’t going to put the review into the position of making the sort of quasi-judicial prosecutorial, investigative judgments that Mr Thomas—you will remember he spoke at the beginning of that session— had spoken about. That was an ICO’s job. That was the position that we took. So, had we been going to get into this, we would have had to start asking questions under caution. We would have been doing the sort of investigative stuff, because you’re getting to the point where you’re alleging that there might have been an offence, and that really wasn’t the thing that my inquiry was set up to do, especially when there is a parallel entity called ICO that has the investigative skills, the training and the background with its personnel.
So that, in short order, was why we didn’t go down the road of saying, “And did you delete things that had been requested?”, because we felt that that would take us into an area where we would have had to operate under caution, and it wasn’t actually relevant to where we had got to on the issue that all this is about, which is what was the end product of the influence that this process had on what was said in the IPCC report. We can talk about that at some length But what I said to Mr Williams about going after the big issues is really referable to the fact that we moved in that direction rather than chasing the words in the individual e-mails.
The ICO, by the way, wasn't interested in using their "investigative skills" as well.
Q86 Graham Stringer: I find it a bit surprising, that you didn’t ask directly when a lot of the controversy had been about the request to delete e-mails. You didn’t personally ask Professor Jones—it was the 29th, not the 27th; I apologise for that—directly whether he had deleted those emails?Yes, that is the question: Did they commit a crime? And being afraid of the answer, Muir didn't ask.
Sir Muir Russell: That would have been saying, “Did you commit a crime?”, and we would have had to go into a completely different area of the relationship and formal role for the inquiry. Remember, what this chain of logic is all about is a process that is leading up to what did or didn’t get admitted as evidence in an IPCC chapter. That’s the issue that matters.
Q87 Graham Stringer: Well, I think it does matter.
Sir Muir Russell: It is not that it is immaterial. We had lots to say about FOI and Professor Acton can say quite a bit about what the university has done about that.
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