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1. This memorandum gives guidance to officials from Departments and their Agencies who may be called upon to give evidence before, or prepare memoranda for submission to, Parliamentary Select Committees. It replaces the January 1997 edition.
2. Although NDPBs give evidence on their own account such bodies may nonetheless also find helpful, when preparing to give evidence, some of the general information about evidence and select committees set out in this memorandum. Further guidance for members of NDPBs invited to give evidence to select Committees is set out in the Cabinet Office publication Guidance on Codes of Practice for Board Members of Public Bodies (pdf) [Public Appointments website]
3. In providing guidance, the memorandum attempts to summarise a number of longstanding conventions that have developed in the relationship between Parliament, in the form of its Select Committees, and successive Governments. As a matter of practice, Parliament has generally recognised these conventions. It is important to note, however, that this memorandum is a Government document. Although Select Committees will be familiar with its contents, it has no formal Parliamentary standing or approval, nor does it claim to have.
4. This guidance is intended to cover the Select Committees of both the House of Commons and the House of Lords.
5. It does not apply in every respect to the Committee of Public Accounts, because of the special position of Accounting Officers in relation to that Committee and the direct access of the Comptroller and Auditor General to departmental records. The position is set out in the HM Treasury document "The Responsibilities of an Accounting Officer". Further advice on giving evidence to the Committee of Public Accounts can be obtained from the Treasury Officer of Accounts and his staff.
6. Supplementary guidance on the procedures to be followed in respect of the House of Commons European Scrutiny Committee (and the corresponding House of Lords European Union Committee) and on the handling of European Community documents is issued separately by the Cabinet Office (European Secretariat).
7. Supplementary guidance on the procedures of the Joint Committee on Statutory Instruments, is provided in 'Statutory Instrument Practice'. Copies are available from HMSO. For guidance on the Lords Delegated Powers and Regulatory Reform Committee, and the Lords Merits of SIs Committee, see their most recent Special Reports, available on www.parliament.uk .
8. Officials may occasionally be invited to give evidence to Parliamentary Committees, or their equivalents, of other countries. Before accepting, such requests should be discussed with the FCO and referred to Ministers. Supplementary guidance on appearances before Committees of the European Parliament is issued by the Cabinet Office (European Secretariat).
9. Select Committees have a crucial role in ensuring the full and proper accountability of the Executive to Parliament. Ministers have emphasised that, when officials represent them before Select Committees, they should be as forthcoming and helpful as they can in providing information relevant to Committee inquiries. In giving evidence to Select Committees, officials should take care to ensure that no information is withheld which would not be exempted if a parallel request were made under the Freedom of Information Act.
Departmental Evidence and Response to Select Committees Contents page >