TNAG-1838-FCO40-2613-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 80

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David Holt, PRU

CONFIDENTIAL

FROM:

S F Bailey (Miss) Parliamentary Relations Unit

DATE:

24 January 1989

FOREIGN AFFAIRS COMMITTEE:

INQUIRY INTO HONG KONG

1. As you know, the FAC have now announced their intention to inquire into "Progress in Implementing the Sino/British Agreement of 1984 on Hong Kong". Since it seems likely that much of the evidence, both written and oral, which will be sought by the Committee will be of a sensitive or classified nature, I have gone through the Cabinet Office "Memorandum of Guidance for Officials Appearing Before Select Committees" (copy attached) in order to try to identify the main points which should be borne in mind throughout the period of this Inquiry and relevant extracts are set out below. The rules regarding the provision of classified information to Select Committees are contained in paragraphs 48-51 of the Memorandum, in particular the contents of Sir D Allen's letter of 19 August 1975 (at Annex E to that document) should be noted. Annex 14 of DSP 5 (copy attached) is also relevant. However, all those who will be closely involved in this inquiry will, of course, need to make themselves thoroughly familiar with the contents of the Memorandum.

General

a) The general aim of Departments should be to assist Committees by disclosing to them whatever official information they may require provided that there are no overriding reasons of security or other grounds for withholding such information.

b)

Ministers are ultimately responsible for deciding what information is to be given and for defending their decision as necessary, and Ministers' views should always be sought if any questions arise of withholding information which Committees are known to be seeking.

c) Select Committees are free to seek information from whomsoever they please and are entitled to require the production of papers by private bodies or individuals.

(I think that Departments will need to take care to ensure that any information which they might be considering withholding is not in fact available from other sources).

CONFIDENTIAL

/a)

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