The second point I wanted to make, though, sir, is rather more fundamental and it's anticipated in our written submissions. We are concerned, sir, about the possibility of your being in receipt of either secret or anonymous evidence, and so I am clear, I'll define those terms if I may. First, "secret" being material that you receive, which is not just anonymous in the sense that its author is unidentified, but which the existence of which is not revealed to core participants. "anonymous" is self-evident; it's material you have received without knowing the author.
Sir, our concern is fair trial concerns. If it is made public, as contemplated by you but not decided by you last Wednesday, that you are willing to receive evidence of either secret or anonymous type, which may be exculpatory of particular individuals, then there may arise a real danger. At subsequent criminal proceedings, it might be said by a defendant, "There is or there might be material in existence which would help me in my defence, which is held by the state in the form of this Inquiry, which I cannot get my hands on or know what it means, and I ought to be able to, if I am to have any prospect of the a fair trial."
We say that in consequence, sir, you should consider indicating that if there is exculpatory material received by you, particularly if it's received by you on a secret basis, it will be disclosed to the prosecution.