HC Deb 21 March 1945 vol 409 cc802-3
47. Professor Savory

asked the Minister of Food whether his attention has been called to the decision of Mr. Justice Mac-Dermott in the High Court of Northern Ireland, refusing to accept a certificate issued by the Parliamentary Secretary to the Ministry of Food that the taking of the evidence of an official of his Ministry would be contrary to the public interest; and in virtue of what powers such a certificate was issued.

The Minister of Food (Colonel Llewellin)

The answer to the first part of the Question is "Yes, Sir." In regard to the second part, I would refer my hon. Friend to the case of Duncan against Cammell Laird, which he will find in 1942 Appeal Cases at page 624.

Professor Savory

Will the Minister explain how it is possible to state that it was not in the public interest to give in the High Court evidence which had already been given in the court of petty sessions, and was therefore fully known to the public?

Colonel Llewellin

The practice is based on a series of cases in the courts. The common sense of the matter is that if people come into food offices and make statements which help us to see that the law is kept, they ought to be protected against suits for libel or slander.

Professor Savory

Does not the Minister realise that this evidence had already been given in the court of petty sessions?

Mr. Pritt

Will not the Minister consult with his colleagues in the Cabinet and the Law Officers, with a view to investigating the more general question about this form of privilege, because it is extending and is being quite unscrupulously abused?

Colonel Llewellin

I could not accept that suggestion. These certificates have to be given by the Minister. The original one in this case I did not actually sign, but I was consulted on the telephone and my Parliamentary Secretary signed it on my behalf. These matters have to be considered by individual Ministers, who, I believe, always do it in a responsible manner.

Mr. Pritt

May I, speaking with a good deal of experience in this matter, ask the Minister whether he will consult with his colleagues about it?

Colonel Llewellin

I will certainly consult with them, and of the appropriate colleagues I think the Law Officers of the Crown are the most appropriate.