No decision on which Mandelson files to release, committee chair says

The UK government has not yet decided which documents related to Lord Mandelson's appointment as the UK's ambassador to the US are in scope for publication, a senior peer involved in the process has said.

MPs have forced ministers to release the files after police launched a criminal investigation into allegations Lord Mandelson passed sensitive information to convicted sex offender Jeffrey Epstein when he was a Labour minister.

The Metropolitan Police has told the government not to release certain documents that could undermine its investigation.

A cross-party parliamentary committee is involved in the process and behind-closed-doors talks about what documents to release are ongoing.

The BBC understands that one specific exchange police have blocked from being released next month includes three questions Prime Minister Sir Keir Starmer put to Lord Mandelson about his friendship with Epstein.

Lord Beamish, the chairman of the Intelligence and Security Committee, a senior group of MPs and peers involved in the process, told Matt Chorley on BBC Radio 5 Live that discussions were still ongoing to determine what documents will be included.

The parliamentary motion to force the release of the documents, which MPs approved earlier this month, was drafted by the Conservative Party and was designed to be as wide-ranging as possible and maximise political embarrassment for the government.

But some inside the Cabinet Office believe that the wording used by the Conservatives could allow the government to restrict the published documents to include only those from before Lord Mandelson's appointment.

Lord Beamish said "that's the problem the civil servants are having now, they're having to tackle that issue, in terms of knowing what the scope is".

On Tuesday, Conservative leader Kemi Badenoch reiterated her call for the government to release documents from Lord Mandelson's time as ambassador.

She said MPs should focus on holding Sir Keir to account, rather than debating Andrew Mountbatten-Windsor, who is also under criminal investigation over allegations relating to his association with Epstein.

A Conservative Party spokesman said the documents its motion had demanded were released related to the decision to appoint Lord Mandelson as US ambassador in 2024/25.

"The police are investigating Mandelson's time as business secretary 15 years earlier," he said.

"The government needs to stop dragging its heals and release all the documents as demanded by MPs."

Any documents that the government deems to be unfit for publication will be passed to the Intelligence and Security Committee, who will then decide whether they believe the government's judgement is correct.

Ministers have said they will not publish any documents that could impact national security or diplomatic relations.

Darren Jones, the chief secretary to the prime minister, told MPs on Monday that the first tranche of Lord Mandelson documents would be published in early March.

Jones said police had already advised ministers that certain documents including exchanges between Lord Mandelson and Number 10 should not be published in the first tranche.

Lord Mandelson was arrested by the Metropolitan Police on suspicion of misconduct in public office on Monday and later released on bail, pending further investigation.

He has not publicly commented in recent weeks on the Epstein files, but the BBC understands his position is he has not acted in any way criminally and that he was not motivated by financial gain.

It is not yet clear how Mandelson's arrest could affect the process.

On Tuesday Education Secretary Bridget Phillipson signalled the government still planned to release documents in early March.

"My understanding is yes, but we do just need to be mindful of any documents we publish given the nature of the ongoing police investigation," Phillipson told Sky News.

Three questions posed by the prime minister and emailed to Lord Mandelson by Sir Keir's then-chief of staff Morgan McSweeney are being blocked from release, the BBC has been told.

The questions were related to his continued contact with Epstein after his first conviction for soliciting prostitution with a minor, reports that he had stayed at Epstein's home while the financier was in prison and his association with a charity founded by Epstein associate Ghislaine Maxwell.

Sir Keir has claimed the documents will show Lord Mandelson lied to him about the extent of his friendship with Epstein, which continued after he had been convicted in 2008.

The BBC understands Lord Mandelson's view is that he answered questions about his relationship with Epstein in the vetting process accurately.