And although most countries are happy to keep non-members informed of their discussions, they see no case for advance consultation or for letting them be observers.

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Senior counsel is instructed in this case and we require further consultation with them.

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Labour, which has launched a consultation on the case for statutory limits on the amount of sugar and salt in children's food, said the government was "doing nothing" to tackle the obesity crisis among children.

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Ministers planned to publish the bill last year, but when an environmental pressure group won a court case arguing that the government's consultation on nuclear power had been misleading, the bill was shelved and the consultation re-run.

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Much depended on the timing of the requests - in the case of Mr Healey's request, it was made at a "time when consultation had ceased and policy seemed to be fixed", it said, thereby reducing the need for "safe space" for advice.

BBC: NHS logo