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PRIVY COUNCIL OFFICE
WHITEHALL, LONDON SWIA ZAT
26 May 1989
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I am writing following the recent letters about responses to National Audit Office reports and some discussions I have had with David Waddington about responding to Departmental Select Committee reports. It is clear that in relation to the latter, Ministers have in some cases been advised not to respond straight away to correct factual inaccuracies or rebut other criticisms because officials have felt inhibited by the emphasis given in the Memorandum of Guidance for Officials Appearing before Select Committees. This refers to the need to avoid appearing "to anticipate or prejudice the Government's final and considered reply to the Committee's recommendations, which must first be given to Parliament" (para 57).
But this is only part of the story. The Memorandum of Guidance also makes it clear that relevant background information, factual corrections or even in some circumstances straightforward responses to comments or criticisms can be issued immediately, where these would not prejudice the later, considered response to the Committee.
There can be no doubt, therefore, that colleagues can respond robustly where necessary to critical Select Committee reports as soon as they are received. There have been several recent examples of immediate and effective responses by senior colleagues to particular points made in Select Committee Reports which set the record straight. When this is done, it is of course essential to avoid pre-empting the later, more considered response to the Committee's recommendations and so cutting across Parliamentary privilege. But it should normally be possible to make this distinction in a defensible way.
I am sure colleagues would want to be alert to the need for quick responses, in appropriate circumstances, either by Ministers or through press office briefing, to correct critical comments made by Select Committees and so defuse unnecessary controversy. Departmental Press Officers have been alerted to provide early warning and advice where this seems necessary.
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