Public interest immunity

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"The courts should be less awestruck by the mantra of national security and readier to scrutinise the legitimacy and weight of these claims (on public interest immunity)" said Lord Justice Simon Brown at a civil service lawyers' conference on 25 March. On 28 March, the House of Lords rejected an attempt to force the disclosure of MI5 and MI6 documents to help ex-foreign office civil servant Andrew Balfour in his unfair dismissal claim. Pii certificates were signed by Foreign Secretary Douglas Hurd and ex-Home Secretary Kenneth Baker to prevent Balfour having access to the documents. Hurd said in an affidavit that disclosure would put at risk the effective discharge by the security and intelligence services of current and future operations. Balfour claims that he was ordered to become friendly with a man in Dubai, but was then dismissed in 1990 for accepting £5,000 from the man for issuing a visa. He was arrested under the Prevention of Terrorism Act, questioned by Special Branch and accused of assisting a terrorist (the man he had been told to get friendly with). He is suing the Foreign Office and the Met police for unlawful arrest following his PTA detention, and may go to the European Court of Human Rights. Meanwhile, the "terrorist" friend Ansari was granted a new visa to enter UK, and still comes here freely.

Guardian 11.4.94, Independent on Sunday 10.4.94.

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