TNAG-1841-FCO40-2616-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 44

in an independent foreign or Commonwealth country) cannot require the attendance of witnesses or the production of papers.

24. (e) Evidence by Officials and Ministers

Ministers appearing before Select Committees, or Civil Servants appearing on their behalf, are entitled to withhold certain information in the interests of good government or national security. Detailed guidance of what can and cannot be disclosed is contained in the Cabinet Office Memorandum of March 1988. Paragraph 20 of that Memorandum sets out the general principle as to giving of

evidence:-

"The general principle to be followed is that it is the duty of officials to be as helpful as possible to Committees, and that any withholding of information should be limited to reservations that are necessary in the interests of good government or to safeguard national security. Departments should, therefore, be as forthcoming as they can (within the limits set out in this note) when requested to provide information further in writing or orally. ultimately responsible for deciding what information is to be given and for defending their decisions as necessary, and Ministers' views should always be sought if any question arises of withholding information which Committees are known to be

seeking".

...

Ministers are

However, this general principle is subject to many important exceptions which are treated at length in paragraphs 28 to 44 of the Memorandum (Annex B). In addition, guidance has been issued on the giving of evidence concerning "the conduct" of individual Civil Servants, and on the refusal of requests for information on the ground of national security (Annex C).

25. The principal grounds on which an official can refuse to give evidence are summarised in paragraph 30 of the Memorandum and

include:-