From European Union Committee 1st Report of Session 2016–17 HL Paper 33
Scrutinising Brexit: the role of Parliament (full report here):
‘Confidentiality and transparency
- One of the key objectives of parliamentary scrutiny is to ensure transparency— to cast a light on the actions of the executive. It is, we suggest, essential thatmany elements of the forthcoming negotiations—for instance, negotiationsaffecting acquired rights, or future cooperation between UK and EU policeforces—should be conducted transparently.
- At the same time, some of the most important and complex aspects of theforthcoming negotiations on a new relationship will be sensitive, commercially and politically, and will require a high degree of confidentiality. As the European Commission itself has noted, in the context of trade negotiations,“When entering into a game, no-one starts by revealing his entire strategy tohis counterpart from the outset”.5
- It is clear, therefore, that parliamentary scrutiny of the negotiations will haveto strike a balance between, on the one hand, the desire for transparency, and on the other, the need to avoid undermining the UK’s negotiating position.We note that parliamentary scrutiny has shown itself, in practice, to be highly flexible. The Intelligence and Security Committee of Parliament, though a statutory body rather than a Select Committee, conducts its hearings wholly in private; other Committees, such as the House of Commons Defence Committee, may receive confidential briefings, while private meetings arecommon across both Houses.
- We acknowledge that certain elements of the forthcoming negotiations,particularly those relating to trade, may have to be conducted confidentially. We would expect parliamentary scrutiny of the negotiations to strike an appropriate balance between transparency and confidentiality, while achieving the over while achieving the overarching objective of holding the Government effectively to account.’