§ Mr. Austin MitchellTo ask the Attorney-General what are the precedents for courts going into closed session where disclosure of evidence would be detrimental to the public interest; and what sanctions are available to the courts to ensure that no disclosure is then made of matters which the court finds should not be disclosed.
Mr. John M. TaylorI have been asked to reply.
As a matter of general principle in civil and criminal proceedings, the public interest lies in open justice. Section 8(4) of the Official Secrets Act 1920 and section 11(4) of the Official Secrets Act 1989 give courts the power to allow evidence to be heard in camera if disclosure to the public would be prejudicial to national security. In addition, the courts have a discretion at common law to rule that evidence may be heard in camera where a public hearing would defeat the interests of justice. Such a discretion is only exercised exceptionally and the courts 863W will consider first whether any action short of excluding the public, such as communicating certain information confidentially to the court, would be appropriate. Unauthorised disclosure of evidence given in camera may be punished as a contempt of court which carries a maximum of two years imprisonment.