§ Q3. Sir D. Walker-Smithasked the Prime Minister whether he has given consideration to the decision of the House of 1157 Lords in Conway v. Rimmer and another; and whether instructions have been issued to Government Departments regarding claims to Crown privilege in the light of it.
§ The Prime MinisterCareful consideration is being given to the implications of this decision. No fresh instructions have yet been issued to Government Departments regarding claims to Crown privilege but this will be done as soon as possible. Should any questions of claiming privilege arise before fresh instructions are issued it will be dealt with on its merits in the light of the House of Lords decision.
§ Sir D. Walker-SmithWhen the directions come to be made, will the Prime Minister have in mind the desirability, now that this has become a justiciable issue, instead of going on the ipse dixit of an individual Minister, of ensuring that Government Departments keep their claims to Crown privilege to a minimum in the interests of the administration of justice?
§ The Prime MinisterSome years ago I sought to make it clear to my right hon. and hon. Friends that these should be kept to an absolute minimum. The right hon. and learned Gentleman will know that the Law Reform Committee had already been examining the law relating to Crown privilege as part of its general examination of the law of evidence in relation to civil proceedings, but that it held up its draft report when it became clear that the Conway v. Rimmer case was going to the House of Lords. As soon as the House of Lords has disposed of the matter—and it has now got the documents in the case—it will be for the Law Reform Committee to give us its advice.