TNAG-1837-FCO40-2612-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 13

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MDHOAN 103)

HMG. THE CLERK CLAIMS THAT THERE HAVE BEEN CASES IN THE PAST WHERE OFFICIALS IN COLONIAL TERRITORIES HAVE BEEN REQUIRED TO ATTEND SELECT COMMITTEE HEARINGS. IN THE CASE OF THE 1983 GIBRALTAR ENQUIRY THE COMMITTEE TOOK FORMAL EVIDENCE FROM THE GOVERNOR AND HIS OFFICIALS AS WELL AS FROM THE CHIEF MINISTER AND HIS OFFICIALS ALTHOUGH THIS WAS ON A VOLUNTARY BASIS. THE CLERK'S INITIAL VIEW WAS THAT THE COMMITTEE'S POWERS WOULD EXTEND TO MEMBERS OF THE HONG KONG GOVERNMENT.

(II) AS YOU WILL HAVE SEEN FROM PARA 7 OF THE CABINET OFFICE MEMORANDUM, SELECT COMMITTEES HAVE THE POWER QUOTE TO SEND FOR PERSONS, PAPERS AND RECORDS UNQUOTE. THIS POWER IS UNDERSTOOD AS A POWER TO QUOTE ORDER UNQUOTE THE ATTENDANCE OF PERSONS AND THE SUBMISSION OF PAPERS. IF MINISTERS OR OFFICIALS ARE INVITED TO GIVE EVIDENCE AND REFUSE TO DO SO, THE COMMITTEE COULD IN PRINCIPLE ASK THE HOUSE TO ISSUE A FORMAL ORDER FOR THEIR

ATTENDANCE.

5.

HOWEVER, THE FOLLOWING QUALIFICATIONS ARE RELEVANT:

(A) OFFICIALS ARE NOT OBLIGED TO GIVE EVIDENCE ON CERTAIN TOPICS INCLUDING MATTERS WHICH ARE THE SUBJECT OF SENSITIVE NEGOTIATION WITH OTHER GOVERNMENTS WITHOUT THE PRIOR APPROVAL OF MINISTERS (SEE PARAS 30(VI) AND 37 OF THE CABINET OFFICE MEMORANDUM.) (B) SELECT COMMITTEES NORMALLY CHOOSE TO KEEP IN RESERVE THEIR POWER FORMALLY TO SEND FOR INDIVIDUALS AND SIMPLY ISSUE THROUGH THEIR CLERK AN INFORMAL INVITATION TO GIVE EVIDENCE. IN EXTENDING SUCH INVITATIONS TO GOVERNMENT DEPARTMENTS, COMMITTEE USUALLY RELY ON DEPARTMENTAL CO-OPERATION IN THE SELECTION OF WITNESSES AND DO NOT NORMALLY SUMMON INDIVIDUAL OFFICIALS. (C) IN ITS FIRST REPORT OF 1977/78, THE SELECT COMMITTEE ON PROCEDURE EMPHASIZED THAT IT WOULD NOT BE APPROPRIATE FOR THE HOUSE TO SEEK TO ENFORCE ITS RIGHTS TO SECURE INFORMATION FROM THE EXECUTIVE AT A LEVEL BELOW THAT OF THE MINISTERIAL HEAD OF THE DEPARTMENT CONCERNED (NORMALLY A CABINET MINISTER).

6.

ACCORDING TO THE CLERK TO THE FAC, THE POWERS OF THE COMMITTEE TO SUMMON WITNESSES HAVE NEVER BEEN TESTED. IN PRACTICE THE COMMITTEE HAS ALWAYS OPERATED ON THE BASIS OF REQUESTS RATHER THAN THROUGH THE EXERCISE OF FORMAL POWERS. 7. WHILE IT IS CLEARLY IMPORTANT TO BE AWARE OF THE LEGAL BACKGROUND, POLITICAL CONSIDERATIONS ARE LIKELY TO BE OF PARAMOUNT IMPORTANCE IN RESPONDING TO INVITATIONS FROM THE COMMITTEE TO GIVE EVIDENCE. THE SECRETARY OF STATE HAS COMMENTED THAT HE THINKS IT IS CRUCIAL THAT YOU SHOULD SEE THE COMMITTEE BUT THAT THIS SHOULD BE IN PRIVATE, PERHAPS OVER A DRINK IN GOVERNMENT HOUSE. HE ENTIRELY ACCEPTS THAT IT WOULD BE WRONG FOR YOU TO GIVE PUBLIC EVIDENCE IN HONG KONG.

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