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annual report 2012
However, this did not happen. On the morning of 29 September 2011, Sass
Larsen announced that he was not available for a ministerial post as the au
thorities would not grant security clearance. He was unable to say much more,
but the media closely linked the case with his alleged association with people
in the biker gang environment.
In November 2011, Henrik Sass Larsen lodged a complaint with the Ombudsman, who selected three issues for investigation. They were:
–– an order to remain silent which the authorities had imposed on Sass Larsen
in relation to a much-discussed PET memorandum
–– refusal of Sass Larsen’s subsequent request for access to this memorandum
–– the fact that PET had not called Sass Larsen for a ‘preventive interview’.
I will not consider the last two issues, but instead provide an overview of the
first and undoubtedly most controversial part of the case, i.e. the issues in
relation to the order to remain silent imposed on Henrik Sass Larsen in relation
to the PET memorandum. I will also reflect on the Ombudsman’s role in the
case.
The order to remain silent imposed on Sass Larsen
On 28 September 2011 – i.e. after the general election, but before a new
government was formed – Henrik Sass Larsen participated in two meetings at
the Prime Minister’s Office. In addition to Sass Larsen, the first meeting was
attended by the Permanent Secretaries of the Prime Minister’s Office and the
Ministry of Justice and the second by the head of PET and later Minister of
Finance Bjarne Corydon.
During the first meeting, Henrik Sass Larsen was shown a memorandum prepared by PET, which among other things concerned Sass Larsen’s contact with
people in the biker gang environment. It was the information in this memorandum which formed the basis for Sass Larsen’s subsequent public announcement
that he was not available as a ministerial candidate because he could not get the
necessary security clearance.
At the meeting, a so-called order to remain silent, i.e. an order not to make the
memorandum public, was also imposed on Henrik Sass Larsen. Pursuant to
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