HC Deb 15 November 1991 vol 198 c702W
Mr. Ashley

To ask the Secretary of State for Defence if he will take steps to ensure that when Ministry of Defence board of inquiry reports are released by order of a judge, they are not restricted to professional advisers.

Mr. Archie Hamilton

It is common practice in legal proceedings to confine disclosure of documents to the parties and their professional advisers. It is, of course, for the courts to decide the precise terms of any order for the discovery of documents.

Mr. Ashley

To ask the Secretary of State for Defence on how many occasions in the last year his Department has been ordered by a judge to release documents relating to a board of inquiry report following the death of a service man; what has been the response of the Ministry; and whether all the requested papers have been handed over unabridged.

Mr. Archie Hamilton

The Department has been subject to an order for discovery to include a board of inquiry report on only one occasion in the last year in the case of Russell Edward Ferrante (Administrator of the Estate of Simeon Mervyn Ferrante deceased)v. Secretary of State for Defence. In that particular case the Department has made every effort to supply documents covered by the order to the plaintiff. Correspondence between respective solicitors on the terms of the order continue.