§ Lord Spensasked Her Majesty's Government:
Why the report and recommendations of the Licensed Dealers Tribunal in the matter of TWH Management Ltd. was not disclosed until November 1993 to the inspectors appointed to investigate the affairs of Guinness plc. [HL52]
§ The Minister of State, Department of Trade and Industry (Lord Simon of Highbury)The report and recommendations of the Licensed Dealers Tribunal in the matter of TWH Management Ltd was received by the department after the inspectors had completed their interim report into the affairs of Guinness plc. It appears that no consideration was given at that time to disclosing the tribunal's report to the inspectors, whose investigation was then in abeyance.
§ Lord Spensasked Her Majesty's Government:
Whether they will now institute an inquiry into the conduct of Department of Trade and Industry officials in connection with their failure to disclose the report and recommendations of the Licensed Dealers Tribunal in the matter of TWH Management Ltd to the inspectors appointed to investigate the affairs of Guinness plc, in order to establish whether this failure to disclose was lawful under the Companies Act 1985. [HL53]
§ Lord Spensasked Her Majesty's Government:
Why no mention is made of the report and recommendations in the matter of TWH Management Ltd in the final report of the inspectors appointed to investigate the affairs of Guinness plc, and whether pressure was placed on the inspectors to ignore this judgment in their report. [HL54]
§ Lord Simon of HighburyThe content of such a report is a matter for the inspectors. They were independent of the department and masters of their own procedure.
The inspectors were made aware of concerns about the confidentiality of the Licensed Dealers Tribunal report, which was in their possession, in relation to the affairs of TWH Management and its clients. On that basis, it was for them to determine whether to refer to it in their own report.