§ Sir Thomas ArnoldTo ask the Attorney-General if he will outline the procedures governing the use of public interest immunity certificates.
§ The Attorney-GeneralPublic interest immunity is a rule of evidence developed by the courts which is designed to prevent documents being disclosed in criminal or civil litigation if harm would result to the operation of the public service. It applies equally to all parties to litigation, irrespective of whether production would help or hinder their case. A claim for public interest immunity cannot be waived and in the case of the Crown is usually made by way of ministerial certificate. Such a certificate is not conclusive. Each claim is considered by the court which may, and in a criminal case must, inspect the documents. The court considers first whether the claim is in principle a valid one and, if so, must then go on to consider whether 637W the interests of justice in the particular case require that the public interest in maintaining confidentiality be overridden. The decision whether or not to override the public interest in maintaining confidentiality is for the court to make; it is not for the party claiming immunity.