More fundamental is, has the policy changed whereby one cannot proceed without having access to source code? Or is just ignored? Or continually waived? Either way, it isn't necessarily lack of access that's the problem, but falure to assess the implications of not having it, and making sufficient materiel and financial provision to cope. The policy exists in the first instance to force those responsible to do the assessment. If they don't, the scrutineer has to play the red card.