HL Deb 30 March 1994 vol 553 cc55-7WA
Lord Spens

asked Her Majesty's Government:

Whether the Treasury Solicitor's Department authorises or drafts public interest certificates for the other departments of state and, if so, how many such cerificates have been issued over the past 10 years, which department of state were responsible for their initiation and how many were issued in connection with criminal proceedings.

The Minister of State, Department of Trade and Industry (Lord Strathclyde)

The Treasury Solicitor's Department does not authorise public interest immunity certificates for departments of state but frequently advises, normally in consultation with counsel, in relation to the drafting of them for client departments.

There is no central record of the number of certificates issued over the past 10 years.

Lord Spens

asked Her Majesty's Government:

Whether any code of practice exists which governs the issue of public interest certificates and, if so, whether they will publish it.

Lord Strathclyde

No such code of practice exists. The Treasury Solicitor informed Lord Justice Scott of his intention to produce guidance for the use of lawyers in government departments. Such guidance will not be completed until it has been possible to consider any recommendations which Lord Justice Scott may make in his report.

Lord Spens

asked Her Majesty's Government:

Whether Ministers have an absolute duty to sign public interest certificates or whether a discretion is available and, if so, who advises on the extent of that discretion.

Lord Strathclyde

I refer the noble Lord to the following publications for a consideration of the leading authorities on the duty of Ministers to sign public interest certificates: TheSupreme Court Practice 1993, vol. 1, paragraph 24/5/15 at pages 451–453, and Archbold Criminal Pleading Evidence and Practice 1993, vol. 1, chapter 12, paragraphs 12–22 to 13–33 at pages 1/1579 to 1/1587. Copies of these extracts have been placed in the Library.

Lord Spens

asked Her Majesty's Government:

At what level in each department of state public interest certificates can be initiated and authorised and who, in each department of state, is responsible for their vetting.

Lord Strathclyde

Public interest immunity certificates are initiated either by departmental lawyers or administrators, at a level which is appropriate to the circumstances of the case, and in consultation with counsel. The certificate is then submitted to the proposed signatory for consideration.

Lord Spens

asked Her Majesty's Government:

Whether the courts may, if they so decide, overrule a public interest certificate.

Lord Strathclyde

I refer the noble Lord to the following publications for a consideration of the circumstances in which the court may reject a claim for public interest immunity and order disclosure: The Supreme Court Practice 1993, vol. 1, paragraph 24/5/15 at pages 451-453. and Archbold Criminal Pleading Evidence and Practice 1993, vol. 1, chapter 12, paragraphs 12–22 to 13–33 at pages 1/1579 to 1/1587. Copies of these extracts have been placed in the Library.