§ 24. Mrs. RocheTo ask the Attorney-General if he will make a statement about the use of public interest immunity certificates.
§ The Attorney-GeneralPublic interest immunity certificates play an important part in the common law system whereby the courts determine the balance between competing public interests.
§ Mrs. RocheIf Lord Justice Scott finds that the Attorney-General was wrong to advise Ministers to use public interest immunity certificates in the Matrix Churchill case, will the Attorney-General resign?
§ The Attorney-GeneralLord Justice Scott's consideration of these matters involved a serious consideration of common law, on which there is a great deal of judicial authority. For a serious and thoughtful consideration of the matter, I recommend that the hon. Lady reads carefully the evidence before the inquiry, which she will find illuminating.
§ Mr. Matthew BanksWill my right hon. and learned Friend tell the House on how many occasions in recent years a judge has had to decide which documents that are the subject of a public interest immunity certificate should be disclosed to the defence? Was it on each and every occasion?
§ The Attorney-GeneralWithout any doubt, I can tell my hon. Friend that on every occasion when a judge in a criminal case has to decide whether documents that are the subject of a public interest immunity certificate should be disclosed, the judge will read the documents, consider them carefully and then decide. The notion that the system is designed to suppress documents is completely inaccurate.
§ Mr. FraserWill the Attorney-General answer the question that he felt unable to answer earlier? Why was the special nature of the certificate given by the President of the Board of Trade not drawn to the attention of the judge or defence counsel? What steps is he taking to ensure that that sort of lapse does not occur again? The Chancellor of the Exchequer said that he would resign if he was criticised by the Scott inquiry. How many of the Ministers who gave evidence to the inquiry share the Chancellor's view?
§ The Attorney-GeneralThe hon. Gentleman is misinformed. The special nature of the certificates signed by the President of the Board of Trade was expressly drawn to the attention of the judge by counsel—it leapt from the page. Nobody reading that specially designed certificate who had any understanding of the subject of public interest immunity could fail to realise that it was a special certificate designed to leave the decision on whether the documents should be disclosed to the defence to the judge.
§ Mr. MaclennanPending the report of the Scott inquiry, what arrangements has the Attorney-General made to strengthen his position when he has to advise his colleagues so that we do not experience problems in the interim?
§ The Attorney-GeneralI had the benefit of the advice of junior counsel to the Treasury, now a High Court judge, and a leading Queen's counsel, then the chairman of the Criminal Bar Association. My advice was given with great care and with the best possible backing.