TNAG-1841-FCO40-2616-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 53

economists. When this is so, and where Economic Advisers to the Government appear as official witnesses, they may find themselves in the difficulty that their own judgement on the professional issues has, or might easily appear to have, implications critical of the Government's policies. It is not open to them to explain the advice which they have given to the Government on such a matter, or would give if asked by the Government. They cannot therefore go beyond explaining the economic reasoning which, in the Government's view, justifies their policy. This will only be possible where the underlying theory has indeed been explicitly formulated; and the status of what was being presented would have to be made clear. If there is no quotable public evidence of a Government view and the witness is asked for his own professional judgement on the issue, or his judgement of the view that the Government would be likely to take, he should refer to the political nature of the issue and suggest that the questioning be addressed or referred to Ministers. Similar considerations apply in the case of other specialist civil servants.

Advice Ġiven by a Law Officer

36. There should not be disclosed to a Committee any advice that may have been given by the Law Officers. There is a well established convention that the advice which Law Officers give to Ministers is confidential. It is only when Law Officers expressly authorise the disclosure of that advice, or themselves report to or advise Parliament or a Committee, that such advice is revealed.

International Relations

37.

Negotiations with other Governments are normally conducted in strict confidence. Officials should take care in discussing or giving written evidence matters which may affect relations with other Governments or bodies, including the European Community, or relations between British officials and those of other Governments. Texts of communications between Governments, unless already made public, should be regarded as confidential and should not be submitted as evidence without prior approval of the Minister concerned.

Matters Sub Judice

.38. Committees are subject to the rules by which the House

regulates its own conduct and that of its Members. It is normally possible to work on the assumption that if a matter already before the Courts seems likely to come up for discussion before a Committee at a public session, the staff of the House would be aware of that fact and would have drawn the attention of the Chairman to the relevant rules of the House relating to discussion of sub judice questions. However, when officials know that sub judice questions are likely to arise, they might wish to

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