§ 33. Mr. WinnickTo ask the Attorney-General what recent representations he has received on the operation of public interest immunity certificates. [19409]
§ The Attorney-GeneralAs I have told the House, representations have been invited on the use of public interest immunity certificates and the consultation remains open until 1 May.
§ Mr. Alex CarlileTo ask the Attorney-General if he will make a statement on the circumstances in which it would be correct for a judge to allow a disclosure contrary to a PII claim. [17793]
§ The Attorney-GeneralA judge may order disclosure of any documents covered by a PII claim where he judges this to be in the overall public interest. Since Conwayv. Rimmer, 1968, it has been for Ministers to advance a PII claim for documents falling with a PII class, and for the court to weigh the public interest in non-disclosure against the public interest in disclosure for the purpose of doing justice.
Following the decision of the House of Lords in ex parte Wiley, 1994, it is now open to a Minister to make voluntary disclosure of documents falling within a PII class if he concludes that this is the overall public interest. Where a Minister is not satisfied that disclosure should be made the court remains the ultimate decision-maker and must balance the competing public interests and rule on disclosure.