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Last updated: 13 March 2009
93. Committees may, as stated in paragraph 23-24 above, investigate and call for evidence from 'associated public bodies' for which Departments have responsibility. If a Department becomes aware that one of its NDPBs (or related bodies) has been invited to give evidence, it should consider whether it would be helpful to the body to discuss possible lines of questioning with the witnesses before the hearing. Departments must, however, be careful not to exercise undue influence over NDPBs in relation to their evidence. Any such action might be regarded as a contempt of the House, with potentially serious consequences for those involved. If the Department has already given evidence to the Committee, it may also wish to consider whether, in the light of the evidence given by the NDPB, it should seek to submit further oral or written evidence. Further oral evidence is, of course, a matter entirely at the discretion of the Committee.
94. Committees may occasionally call for evidence from commercial companies, particularly those handling Government contracts. Ministers remain accountable to Parliament and the public for the functions provided by contractors. There should be no loss of transparency as to the quality and effectiveness of services delivered. Nor should there be any relaxation in the protection of private and sensitive third party information handled by contractors. There may also be a need in the public interest to preserve commercial confidentiality to protect the business interests of competing companies and to protect the position of Departments and the public purse in current or future tendering activity.
95. Government contracts will very often specify the contractor's obligations both to provide appropriate information to the public (under the Government's policies on openness) and to give necessary protection to confidential and sensitive information. Where contractors are prohibited from providing access without written consent to the details of Government contracts. Departments may find it helpful to discuss with their contractors how they can best provide a Committee with a general picture of their work without going into the commercially sensitive details of specific contracts.
96. The normal relationships between Departments and their associated public bodies or with commercial contractors should usually be sufficient to ensure an awareness on the part of witnesses from such organisations of the need to deal with Committee's questions in accordance with the rules about protecting classified information. Departments may, however, wish to remind witnesses of these rules, and the options for providing sidelined evidence, before the hearing.
97. Where Departments and associated public bodies have consulted one another, or a commercial contractor, prior to the submission of a memorandum to a Committee, the memorandum should, in accordance with a recommendation of the Procedure Committee, include a note of the persons or organisations that have been consulted.
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