A request by MEPs to access the investigation report that led to John Dalli’s forced resignation as health commissioner has been turned down by the European Commission President José Manuel Barroso.

He told MEPs that the document, drawn up by the EU’s anti-fraud agency OLAF, was not available as it now formed part of an ongoing investigation in Malta.

“The report forms part of the inquiry by Maltese authorities and therefore is not accessible to the EP,” Mr Barroso wrote to EP president Martin Schultz, who made the request on behalf of MEPs.

“Only the Attorney General in Malta can release it.”

Following a closed-doors meeting with OLAF’s director general Giovanni Kessler, one of the report authors, the budgetary control committee that oversees OLAF formally requested “adequate access” to all the documents relevant in this case on condition of confidentiality.

Confirming the letter’s contents, an EP spokesman yesterday told The Times that the issue will return to the committee to decide the way forward.

EP sources yesterday said the committee’s MEPs were still expected to continue pushing for access to the report and were not excluding the possibility of inviting Mr Dalli to appear before them.

Mr Dalli was forced to resign from his post as Health Commissioner last month following an OLAF investigation that found he was aware a businessman close to him had requested money in exchange for influence over the EU’s Tobacco Directive. Mr Dalli denies these allegations.

The Commission had explained Mr Dalli was asked to resign following Mr Barroso’s assessment that his position had become “politically untenable”.

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