§ Mr. Martyn JonesTo ask the Minister of Agriculture, Fisheries and Food how many public interest immunity certificates he has signed in respect of documents on listeria in the last 10 years; and if he will make a statement. [34406]
§ Mrs. BrowningSo far as I am aware, only one public interest immunity certificate in respect of documents on listeria has been signed by any agriculture Minister.
The one certificate signed, in December 1993, followed the issue of a writ against the Ministry. As the law then stood, the Minister was under a duty to draw to the attention of the court any documents which, because of their nature, would normally be withheld from disclosure in the public interest. It was then for the court to decide whether, on the facts of the particular case, the overall public interest would best be served by disclosure of the documents.
The High Court recognised that the Minister had followed correct procedures. It also decided that disclosure would be appropriate in this case, and all documents have been made available to the plaintiff in this case.
It was not until July 1994 that the House of Lords—in the case of "Wiley"—ruled that Ministers can make voluntary disclosure of such documents where they are satisfied that this is in the public interest. Where the issues involved are difficult, and Ministers decide that they cannot judge where the balance lies, the certificate is made and it remains the function of the courts to decide whether the grater public interest favours disclosure.