§ 65. Mr. Ripponasked the Minister of Supply why Crown privilege was claimed and why it was considered against public policy to make available the report of an accident at a Ministry of Supply depot at the hearing of a case at Nottingham Assizes on Monday, 25th June; whether he is aware of the observations made by Mr. Justice Finnemore in this case; and whether he will make a statement on the general policy of his Deparment in such cases.
§ Mr. ErrollThere were two separate reports in this case, namely (1) a factual report of the accident and, (2) a report by a disciplinary board.
In accordance with the policy then in force, privilege was claimed for both these document some three years ago during the course of the interlocutory proceedings, on the ground that the documents fell within a class which it was necessary for the proper functioning of the public service to withhold from production.
Under the policy recently announced by my noble Friend the Lord Chancellor 86W in another place, Crown privilege will not in future be claimed for factual reports of accidents, but disciplinary reports remain in the class for which privilege will continue to be claimed. It is understood that Mr. Justice Finnemore was, in fact, referring to the report by a disciplinary board. My right hon. Friend is reviewing claims of privilege already made in actions to which the Ministry is a party, but which have not yet come to trial, to see that they accord with the Government policy stated by my noble Friend.