§ Mr. Alex CarlileTo ask the Attorney-General if it is his policy to instruct counsel to advise judges that it is a matter of judicial discretion as to whether documents protected by public interest immunity certificates should be disclosed; and if he will make a statement.
§ The Attorney-GeneralThe test to be applied by judges is a matter of general law. Judges are required to order disclosure in any case where, in the judgment of the court, the case for disclosure in the interests of justice outweighs the public interest considerations in favour of non-disclosure. Prosecuting counsel are expected to assist the judge as to all relevant law.
§ Mr. Alex CarlileTo ask the Attorney-General what proposals he has to restrict the discretion of judges to inspect documents in respect of which public interest immunity certificates have been issued and decide upon their disclosure on the basis of the interests of justice; and if he will make a statement.
§ The Attorney-GeneralThe extent of judges' discretion to inspect documents is a matter of law. I have no power to impose any restrictions, nor would I wish to do so.
§ Mr. DarlingTo ask the Attorney-General how many public interest immunity certificates he has signed in each year since 1990.
§ The Attorney-GeneralI have signed none. My predecessor signed two certificates:
- (i) In 1991 relating to the civil case of Dorrian v. Chief Constable of the RUC.
- (ii) In 1992 relating to the criminal case of Latimer, Hegan, Bell and Allen which was before the Court of Appeal in Northern Ireland.