§ Mr. McNamaraTo ask the Secretary of State for Northern Ireland what communication he has received from the Coroner concerning the Sam Marshall case in the last 12 months; and what courses are available to him to enable Crown agents who may have evidence of criminal acts to give testimony before the Coroner without facing prosecution under the Official Secrets Act. [142320]
§ Mr. IngramThe Northern Ireland Office has no record of receiving any correspondence from the Coroner concerning the Sam Marshall case in the last 12 months.
In Northern Ireland, Rule 8(1) of the Coroners (Practice and Procedure) Rules (Northern Ireland) 1963 provides that a coroner has a discretion to examine, at an inquest, any person tendering evidence who is likely to have knowledge of the facts relating to the means by which the deceased came to his death. However, no witness at an inquest is obliged to answer any question tending to incriminate himself in any potential criminal charge (Rule 9(1) of the above Rules).
Under the Official Secrets Act 1989 a Crown Servant only commits an offence if he discloses damaging information without lawful authority which, by virtue of section 7, means otherwise than in accordance with his official duty. By virtue of section 9 of the Act no prosecution may be brought except with the consent of the Attorney General for Northern Ireland.