There are two issues: firstly, whether the First Minister's functions are actually part of the operation of section 37, and, secondly, the broader Pandora's box that has now been opened, which is what documents are releasable under section 37. If all documents are releasable, I can't see how Government can continue, bluntly. It's that bad. There has to be some limit, surely. The operation of the Data Protection Act, the operation of the Freedom of Information Act—. I know the Tories haven't thought this far, but the operation of the Freedom of Information Act—they would not apply. They would not apply in these—. There has to be some limit to this.

At this moment in time, the Government cannot give a guarantee of confidentiality to anybody, and that is an interpretation that we can't clearly accept. It's in everyone's interests to get that clarity. Secondly, he only read out the first part of the subsection—subsection (6). Yes, it is possible for a direction to be issued that the person need not comply with the notice, but then another person has to be specified who has to comply with the notice. It's not an absolute discretion. So, have a look at the second part of the section, and it will give you a good idea of how the subsection operates. Yes, it is possible to direct that the person should not comply, but someone else has to be put in their place. So, actually, the discretion is not as absolute as the Member describes.