4.
I object to the disclosure of the documents which fall within categories
A and B above by virtue of their being communications concerning
relations, dealings or negotiations between the Government of the United
Kingdom and other governments and upon the basis that the disclosure of
such documents might prejudice relations between Her Majesty's
Government and an overseas government or affect the efficiency of the
Officers concerned in carrying out negotiations or other diplomatic
duties overseas. It has long been recognised that confidential diplomatic
documents passing in the course of or relating to relations between
sovereign states belong to a class of documents which are immune from
production in legal proceedings. This is certainly the case when those
relations are carried on in the traditional manner by diplomatic
communications between governments and their missions overseas and
communications between such missions and the Foreign Ministries of the
sovereign States to which they are accredited. In my opinion it is
essential for the conduct of diplomatic relations that the governments of
other countries should be able to communicate with the United Kingdom
Government in the knowledge that those communications will not be
liable to be produced and discussed in open Court.
7.
6