§ Q8. Mr. DalyellTo ask the Prime Minister if he will introduce legislation to prevent Ministers from granting public interest immunity certificates in relation to export licences.
§ The Prime MinisterThe law on public interest immunity has been developed by the courts over time, and they are the ultimate judge of where the balance of the public interest lies. Public interest immunity is within the terms of reference of Lord Justice Scott's inquiry and we await his report.
§ Mr. DalyellShould it not be the House of Commons now, rather than Lord Justice Scott in the ever-receding future, that asks for an explanation as to why—in order to protect five Ministers, including the Foreign Secretary—Alan Moses QC for the Crown in court, and the Attorney-General on 12 November, were very seriously economical?
§ The Prime MinisterThe hon. Gentleman is wrong. Claiming public interest immunity is an obligation, not a privilege. In any case, the prosecution in the Matrix Churchill trial failed not because of the disclosure of documents but because of the change of evidence of a key witness. I suggest that the hon. Gentleman awaits the outcome of Lord Justice Scott's inquiry.