Select Committee on Foreign Affairs Minutes of Evidence


Examination of Witnesses (Questions 1760 - 1768)

TUESDAY 10 NOVEMBER 1998

MS ANN GRANT and MR CRAIG MURRAY

  1760.  Sir Thomas Legg has good grounds for saying this. He takes the very clear view here from his own independent, hugely informed position that there were these sensitivities which were responsible for Ministers not disclosing publicly, including to this House of Commons, that the arms embargo applied to all parties and he uses the word "partly" quite deliberately. I am asking you are you aware why he used the word "partly" and what were the other sensitivities which explain the ministerial decision and the Foreign Office decision not to publish full policy?
  (Ms Grant)  I am not aware of what the other sensitivities might have been. As I say, my explanation was rather different.

Sir John Stanley:  I trust Sir John Kerr will be reading this transcript and doing a lot of refreshing of his memory on this particular point before we see him next week.

Chairman:  That is what is called a distant early warning I think. Mr Illsley?

Mr Illsley

  1761.  Do you find it strange that Mr Penfold never mentioned his letter when he came into the Foreign Office on two occasions on 29 January and 30 January?
  (Ms Grant)  With hindsight. Obviously I did not think about the letter so I do not know if it was strange for him not to mention it at the time. I do given the importance of what it contained.

  1762.  Do you think it exists or existed?
  (Ms Grant)  All I can say is that I did not receive it in the Foreign Office. That is all I can say about that letter.

Ms Abbott

  1763.  Just a very brief point. The Legg Inquiry reveals that the first Minister to know about the Sandline investigation was Dawn Primarolo. The Legg inquiry states it like this: that Customs normally notified their Minister of investigations which had the potential for a high media or Parliamentary profile and it goes on to say that your briefing was inadequate. By contrast, the minutes of Miss Primarolo were clear and specific. Can you explain why poor old Customs and Excise were able to grasp that there were political and parliamentary implications which entirely escaped the crack core of the Foreign Office?
  (Ms Grant)  As I say, I do think we were aware of the political implications. What we were trying to do was to get a better handle on what the facts were before briefing the Ministers. I have said I regret that the Sandline allegations were not covered better in the briefing but the briefing was designed for another purpose.

Chairman

  1764.  Two very final questions. Ms Grant, we know that the resident clerk telephoned someone in your Department over the weekend of the 28-29 February in connection with the report received from Major Hicks about the delivery of 35 tonnes of arms and equipment—someone in your Department. Can you offer any explanation as to who that person might be?
  (Ms Grant)  We cannot. Both Craig and I have asked subsequently and we cannot find anyone who remembers that telephone call.

Chairman:  Again confusion, the resident clerk telephoned someone in your Department and no one accepts that they received that telephone call.

Dr Godman:  It must be logged.

Sir John Stanley

  1765.  Chairman, if you read on the resident clerk believes it was Mr Murray whom he telephoned as is stated in the Legg Report.
  (Mr Murray)  As is also stated in the Legg Report, I have no doubt at all that I never had any discussion with the resident clerk, with any resident clerk which mentioned arms, Sandline or executive outcomes or Mr Spicer. None of those subjects ever came up with any discussion I had with the resident clerk. It was not at all unusual for the resident clerk to call me at the weekend. It used to happen most weekends and sometimes several times a weekend. I certainly cannot recall a conversation in which any of those things were mentioned. I would add (which is not in the Legg Report and has not been put to me before) that I am quite certain that I have never ever asked a resident clerk to destroy a document. My standard response to the resident clerk on 95 per cent of the occasions he called me was that whatever document it was he was calling about, it could wait until Monday morning. That was always my preferred response if I could possibly argue that. I might well say that but I have never ever said to a resident clerk, "We don't need to see that, you can destroy it." It is not a response I would ever give and not the way we handle things in the Department. I am extremely puzzled by this episode.

Chairman

  1766.  So are we. 5.42, Ms Grant, you recall that at the beginning of April Mr Spicer had had his home searched by Customs, and he telephoned Mr Penfold who advised him to contact Mr Murray. Mr Penfold then sent a telegram on these lines: "I am concerned at the way this is being handled in London and I would like to be reassured that I have the confidence and the full backing of the office on what is becoming a very messy affair." Given the history of relations with Mr Penfold, were you surprised to receive such a call for full backing?
  (Ms Grant)  The telegram?

  1767.  Yes.
  (Ms Grant)  In fact this was the day when the new arrangements which I have described to Mr Mackinlay kicked in and anything to do with Sandline, communications with Mr Penfold and anything else relevant was handed over to another official not in the line of command from me.

  1768.  Can you offer any explanation as to why he should have expected your full confidence?
  (Ms Grant)  He was, I think, concerned about the implications of the Customs and Excise inquiry for us all.

Chairman:  Thank you. We have kept you both in the field for a very long day. We are most grateful and you deserve a good cup of tea and a rest.


 
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