§ Mr. Lathamasked the Prime Minister what response Her Majesty's Government intend to make to the concern expressed to Ministers by bishops of the Church of England regarding the confidentiality of the private papers and files of clergymen under the provisions of the Police and Criminal Evidence Bill; and what protection exists for such documents under existing legislation.
108W
Private Sector Public Sector Financial year Quarter ending Approvals Expenditure £000s Approvals Expenditure £000s 1978–79 December 2,678 — — — March 8,668 76 — — 1979–80 June 3,621 120 — — September 4,154 94 — — December 4,726 145 — — March 4,363 172 39 100 1980–81 June 2,473 113 47 773 September 1,745 64 28 552 December 3,074 (186) 82 (2) 232 (19) 1,897
§ The Prime MinisterUnder the existing law these documents have no special protection. Subject to normal judicial discretion as appropriate, the existing powers of entry, search and seizure already apply to them, as do the rules under which a court may order the production of confidential documents in civil as well as criminal proceedings.
My right hon. Friend intends to bring this to the bishops' attention, together with the fact that the relevant provisions of the Bill apply only to such specified things as might be given in evidence at the trial for a serious crime then under investigation by the police. Accordingly the necessary order for production, or warrant for search, following an inter partes hearing by a circuit judge could not be obtained so as to permit a random search for incriminating evidence. Nor would it permit the production of confidential records which would not be admissible in evidence by reason of the rule against hearsay or any other rule of evidence.
My right hon. Friend has undertaken to consider the provisions of clause 10 of the Bill. He will examine whether more can be done to allay the concern expressed by the bishops, without reducing the contribution that the clause will make to the investigation and prosecution of serious crime.