Commentary on Sections Examining applications Section 48 – Access to evidence at inquiry
131.Where a local inquiry is held, this section requires that all oral evidence is to be heard in public and that all documentary evidence is to be open to the public for inspection.
132.But the Welsh Ministers or the Secretary of State (a “ministerial authority”) may direct that oral evidence is to be heard and documents are to be inspected by specific persons only (and not the public) if they are satisfied that public disclosure of evidence would likely result in the disclosure of information about national security or measures taken (or to be taken) to ensure the security of any land or property and that the public disclosure of information would be against the national interest.
133.If such a direction is being considered, the Counsel General may appoint a person (“an appointed representative”) to represent the interests of persons prevented from hearing or inspecting evidence.
134.This section also provides the Welsh Ministers with a power to make regulations about the procedure to be followed by a ministerial authority before a direction is given where there is an appointed representative and about the functions of an appointed representative.