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evidence on matters which are the subject of litigation to which the
Crown is a party, but which may not strictly come under the rules
which preclude discussion on sub-judice questions. If such matters
seem likely to be raised when a Committee takes evidence, officials
should first consult with their own departmental solicitor or the
Treasury Solicitor for advice on how to handle the questions which
might arise.
21. A department may find that there is information (additional
to that freely provided) which would be helpful to a Committee, but
which could only be made available in confidence. In such cases
the department should inform the Clerk of the Committee, in the
letter submitting the memorandum that there is further information
available which could be supplied if the Committee were prepared
to receive it in confidence. The department should indicate in
general terms why they are only able to make the information
available on that basis. Such information should not be supplied
until the Committee have agreed to treat it accordingly; and the
point made in para 18 should not be overlooked. For example,
special arrangements have been agreed by the Ministry of Defence
with the Expenditure Committee for the supply of classified
information to the Sub-Committee on Defence and External Affairs.
Open Sessions
22.
Unclassified memoranda prepared by departments for a Committee
may be published by the Committee before its full report is
presented to the House. Open sessions of Committees often attract
publicity since evidence before them may be reported forthwith by
Departments are, therefore, free to comment immediately
the press.
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