§ 3.23 p.m.
§ LORD SILKINMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government—
- (a) what rules govern access to official unpublished documents by former Ministers of the Crown, by officials and by others;
- (b) what rules govern publication of such documents;
- (c) what is the authority (if any) for such rules.]
THE EARL OF HOMEMy Lords, it is customary to allow former Ministers of the Crown access to documents which they saw during their period of office. Officials have access to documents which they need to see for the purposes of their duties. Other persons are given access to unpublished official papers only in exceptional cases—for example, when an author is writing a history or book sponsored by the Government. All persons who have held office under the Crown are under an obligation to obtain permission from the Government of the day for the disclosure of any unpublished information which they obtained by virtue of their official position. These conventions have been adopted by successive Governments, and they accord with the Privy Counsellor's Oath, the provisions of the Official Secrets Act, the law of copyright, and the Public Records Act.
§ LORD SILKINMy Lords, does this mean that, so far as a former member of the Government is concerned, he can, without getting any permission from anybody, publish official papers which may have important repercussions on our relations with other countries? Is that the position?
THE EARL OF HOMENo, my Lords. I should be very much obliged if the noble Lord would study my reply against a similar reply given by the then Mr. Herbert Morrison when he was in another place. He will find that they are very similar: and the practices of all Governments have been the same. Permission has to be given by the Government of the day; and a very careful scrutiny is 644 made of any documents to which any ex-Minister may wish to refer in a book, or of any document he may wish to publish.
§ LORD SILKINDoes that mean that approval has been given by the Government for the publication of all the State documents referred to in the autobiography of Sir Anthony Eden?
THE EARL OF HOMEMy Lords, may I make it quite clear that the Government are not responsible for any views in any book written by anybody.
§ LORD SILKINI am not referring to views: I am referring to the documents.
THE EARL OF HOMENo different facilities have been given to Sir Anthony Eden from those which have been given to anybody else who has written a book in similar circumstances.
§ LORD SILKINThe noble Earl is saying that permission has to be given. My question is: have the Government given specific permission to publish certain documents which may have a very prejudicial effect on our relations with other countries?
THE EARL OF HOMEMy Lords, I should like to pursue that question a little further; but anybody like Sir Anthony Eden, and Sir Anthony Eden himself, is bound to consult before such documents can be used.
§ LORD BOOTHBYMy Lords, there is one question which, for information, I should like the noble Earl to answer. If permission has to be sought and obtained, who gives it? Is it given on the authority of the Cabinet, of the Foreign Secretary, or of the Prime Minister?
THE EARL OF HOMEAgain I should like to have notice of that point, but I take it that it must be the Prime Minister, on behalf of the Government.
§ LORD SILKINSurely that is one of the questions that I put to the Government—namely, who is responsible for giving permission?
THE EARL OF HOMEI should like to explore the actual machinery so as to be able to give a specific answer to the noble Lord, but I think it must be the Prime Minister on behalf of the 645 Government. It must be the Government from whom the author gets permission.
§ EARL WINTERTONWhen my noble friend is investigating this question, about which some of us feel a certain amount of perturbation because of certain things which have been written, would he also inquire into the rule, if there be a rule, by which an ex-Cabinet Minister can quote what is said in Cabinet? In the brief time that I was a Cabinet Minister I was always told that I could not quote; but in book after book there have appeared statements of what has been said in Cabinet.
THE EARL OF HOMEI find myself very much in agreement and, with the noble Earl, very much perturbed. I shall certainly inquire.
§ EARL ATTLEEMy Lords, might I ask the noble Earl whether it is not the usual practice, where matters of this kind are involved, to send a copy of the text to the Secretary to the Cabinet; that he, on the authority of the Prime Minister, looks through it; and that on occasions it is disallowed by the Prime Minister? The question arises as to whether a large number of recent publications have been submitted in that way.
THE EARL OF HOMEOf course the noble Earl has great experience. He has been Prime Minister, and has seen these things happen. The procedure is as he has described it; but I want to make absolutely certain that that procedure is undertaken every time. I am certain it is, hat I want to be quite sure.
VISCOUNT ELIBANKMy Lords, would the noble Earl, when he is inquiring into this matter also inquire into its financial aspect, and whether or not private individuals ought to receive huge sums from these publications by reason of the fact that they have had access to official documents?