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FCO Circular No: 359/89 Date: 6 November 1989 Ref No: XPU 011/1
in
Distribution: All Heads of Department and Above,
Heads of Mission and Subordinate Posts
For Attention:
All DS and Seconded Officers
in DS6 and above
SAPPEARANCES BY MINISTERS AND OFFICIALS BEFORE OVERSEAS
PARLIAMENTARY COMMITTEES
1.
Requests are occasionally received for British Ministers and officials to appear before Overseas Parliamentary Committees and before committees of State legislatures in the United States. This circular provides guidance on how such requests should be handled.
2.
Formal Appearances Before Overseas Parliamentary Committees
Our policy is to decline all formal requests for UK Ministers and officials to give evidence to overseas Parliamentary Committees and to committees of State legislatures in the United States. This approach is consistent with Article 31(2) of the Vienna Convention on Diplomatic Relations, under which diplomats are
are not obliged to give evidence as witnesses. (The Convention however does not cover Ministers
fficials based in London whose testimony is sought before overseas committees). It is also consistent with the practice (if not always the theory) of most Western countries. Even if the subject is non-controversial and unlikely to cause HMG any
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embarrassment, we would not wish to set a precedent which might make it difficult to refuse a subsequent request to appear before a committee considering a controversial subject (eg Northern Ireland).
3. If Posts receive such formal requests, the host Government should as a first step be informed that it is our policy to decline such requests, but that the request will be reported to London. The request should then be referred to the appropriate geographical department in the FCO and copied to PPD and PRU. as well as to any interested Whitehall Departments. If it is the judgement of the Post
the FCO (and the relevant Whitehall Departments) that it
and
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