42.There are two grounds on which the Secretary of State may decide that information is not to be disclosed: that the information is sensitive information (as defined in paragraph 5) which for national security reasons should not be disclosed; or the information is of such a nature that, if the Minister were requested to produce it before a Departmental Select Committee of the House of Commons, the Minister would consider (on grounds which were not limited to national security) it proper not to do so. In deciding whether it would be proper not to disclose on the basis of the second ground, the Minister must have regard to governmental guidance concerning the provision of evidence by civil servants to Select Committees. This would mean in particular that the Minister would have to have regard to the Cabinet Office Guidance, Departmental Evidence and Responses to Select Committees (http://www.cabinetoffice.gov.uk/resource-library/guidance-departmentalevidence-and-response-select-committees), known as the Osmotherly Rules.
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