TNAG-0525-FCO40-620-Visit-of-UK-Members-of-Parliament-(Defence-and-External-Affa-1975 — Page 212

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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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