§ 29. Mr. RookerTo ask the Attorney-General on how many occasions in the past 10 years his Department has issued to the courts a variation of the standard form public interest immunity certificates.
§ The Attorney-General (Sir Nicholas Lyell)No record has been kept of the number of public interest immunity certificates signed by a Law Officer over the last 10 years. Any certificate would have been specifically drafted for the particular case.
§ Mr. RookerIf that is the case, and as it appears that certificates are made up as we go along and that there is no standard form, how can some Ministers stand up in public 14 and say that they had no discretion but to sign what was put in front of them while other Ministers are allowed to write their own certificates? Surely that is an abuse of power which the Attorney-General has failed to bring to heel. Does not the evidence that has been published and put before the Scott inquiry this morning condemn the right hon. and learned Gentleman for negligence in that respect?
§ The Attorney-GeneralI do not think that any one of the points made by the hon. Gentleman on the subject is correct. I am to give evidence to the Scott inquiry on Thursday and I look forward to doing so.
§ Dame Elaine Kellett-BowmanWill my right hon. and learned Friend confirm that the purpose of public interest immunity certificates is simply to put the facts before the judge and that it is for the judge to decide whether those should be disclosed to the defence?
§ The Attorney-GeneralMy hon. Friend is absolutely right. If a balance is to be struck—unless it is in a clear case—it is to be struck not by a Minister, but by the judge.
§ Mr. FraserCan the Attorney-General say whether the President of the Board of Trade was correct when he said that the attention of the judge and the defence would be drawn to his specially abbreviated form of public interest immunity certificate?
§ The Attorney-GeneralAs the hon. Gentleman knows well, those matters are being investigated by Lord Justice Scott.