Public Interest Immunity

HC Deb 11 July 1997 vol 297 cc616-7W

Mr. Geraint Davies

To ask the Attorney-General if he will make a statement concerning Government policy on public interest immunity. [8777]

The Attorney-General

In accordance with the approach adopted by the last Government and set out in the paper placed in the Libraries of the House on 18 December 1996, public interest immunity will not be asserted by the Government unless the relevant Minister believes that disclosure of a document or piece of information will cause real damage to the public interest. The test will be applied rigorously.

Where public interest immunity applies, Ministers will nevertheless make voluntary disclosure if they consider that the interests of justice outweigh the public interest in withholding the document or information in question. In all cases, a Minister's claim for public interest immunity is subject to the Court's power to order disclosure.

The approach will be followed in both criminal and civil cases.