§ Ann WintertonTo ask the Secretary of State for Environment, Food and Rural Affairs, pursuant to her answer of 13 January 2003,Official Report, column 372W, on fisheries, for what reasons a copy of Opinion of the Legal Service, Council of the European Union, No. 13585/02, Limite, JUR424 PECHE164, dated 29 October 2002, was not passed by her Department to the (a) Scottish Fishermen's Federation and (b) National Federation of Fishermen's Organisations. [92645]
§ Mr. MorleyDocuments bearing the classification "Limite" are internal to the Council of the European Union and are not intended for disclosure to the public. Moreover, the Council Legal Service provides legal advice to assist the Council in the course of its work. The opinions are excluded from the categories of Council decisions subject to publication under the Council rules of procedure.
Under the terms of European Parliament and Council Regulation 1049/2001 it is not open to the Government to decide unilaterally to release a Council Legal Service opinion, unless there is a strong public interest to do so. Recent case law and Council decisions confirm that it is not in the public interest to release documents containing Council Legal Service advice. Release would also run contrary to the principle of Legal Professional Privilege.