§ Mr. ByersTo ask the Chancellor of the Exchequer on what occasions civil servants or Ministers have signed public interest immunity certificates to deny documents to the defence in the case of Inland Revenuev. Michael Allcock; what other powers are being used to deny documents requested by the defence; who authorised these actions; and if he will make a statement. [18100]
§ Mr. Jack[holding answer 29 February 1996]: No such certificates or affidavits have been signed. The hon. Member's question relates to a prosecution pending at the central criminal court which is being conducted by the Crown Prosecution Service, not by the Inland Revenue, and it would not be appropriate to comment further on the case.
On the general issue of public interest immunity, where a need arises for information to be withheld from the defence, the issue of whether that information should be disclosed by the prosecution falls to be determined by the trial judge. According to the circumstances such a claim may be made by means of a certificate or affidavit, or by prosecuting counsel making a direct application to the court.