HL Deb 31 July 1947 vol 151 cc853-4

After Clause 45 insert the following new clause:

("Recovery of documents in possession of Crown.

—Subject to and in accordance with Acts of Sederunt applying to the Court of Session and the sheriff court, commission and diligence for the recovery of documents in the possession of the Crown may be granted in any action whether or not the Crown is a party thereto, in like manner in all respects as if the documents were in the possession of a subject:

Provided that—

  1. (i) this subsection shall be without prejudice to any rule of law which authorises or requires the withholding of any document on the ground that its disclosure would be injurious to the public interest; and
  2. (ii) the existence of a document shall not be disclosed if, in the opinion of a Minister of the Crown, it would be injurious to the public interest to disclose the existence thereof.")

THE LORD CHANCELLOR

My Lords, the purpose of this clause, also moved into the Bill by the Lord Advocate, is to bring the law in Scotland relating to discovery into line with law in England as stated in Clause 28 of the Bill. The particular necessity for the clause is to ensure that the law relating to the disclosure of the existence of a document, which is dealt with by Clause 28 (2), should be the same in Scotland England. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)

On Question, Motion agreed to.