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Note on the Procedure
adopted for the Inquiry
Inquiry by Sir Gordon
Downey,
Parliamentary Commissioner
for Standards,
concerning Mr Neil
Hamilton and other Members of Parliament
1. Terms of reference
To enquire into allegations
of misconduct against Mr Neil Hamilton and other Members of Parliament
with a view to establishing whether there has been any breach
of House of Commons rules, in the letter or in the spirit, and
to report the findings to the Select Committee on Standards and
Privileges.
2. Objectives
The objectives of the procedures
adopted for this inquiry are to seek to achieve the following
ends:
(1) that there is a
fair and thorough investigation into the allegations of misconduct
- fair to those whose activities are under investigation, and
whose interests and reputations may be affected by any adverse
conclusions, and fair to those who have made the allegations;
(2) that the investigation
is pursued and completed efficiently and with expedition having
regard to the public concern arising from the allegations;
(3) that the cost and
duration of the investigation is kept within reasonable bounds.
In general, the procedure
proposed for the inquiry will be as set out in the following paragraphs
- however, the Commissioner will consider any requests to make
exceptional, ad hoc, adjustments to further the objectives set
out above, in particular to ensure fairness.
3. Organisation of the
inquiry
It is inevitable that in
such an investigation, information will be received and considered
at different times and at different stages. Further, it will
be necessary for there to be a degree of flexibility to ensure
that the inquiry is fair to all concerned (and seen to be fair),
but is concluded within a reasonable period of time. Notwithstanding
those caveats, the inquiry can be divided, broadly, into the following
stages:
Stage 1 - The reception
and organisation of the detailed allegations of misconduct, together
with supporting documentation;
Stage 2 - Putting the
allegations to the various Members of Parliament concerned to
allow them to present a preliminary written response to the allegations,
supplying any documentary material to be relied upon;
Stage 3 - The gathering
together of evidence to support and counter the allegations, including
further documentation, and identifying witnesses.
Stage 4 - Written statements
from witnesses - provided in response to requests from the inquiry
team.
Stage 5 - Oral evidence
- some witnesses will be invited to give oral evidence. Witnesses
may attend with legal advisers to assist them when they give evidence.
Oral evidence will not be given on oath.
Stage 6 - Finalisation
of evidence - witnesses may be invited to return, or provide further
written statements. Additional documents may be obtained.
Stage 7 - Preparation
of the report, and submission of the report to the Select Committee.
4. Expansion of the comments
on Stages 1 to 7 above
4.1 Stage 1 - The reception
and organisation of the detailed allegations of misconduct, together
with supporting documentation
Allegations of misconduct
will, primarily, be set out in written form. However, it may
be necessary for such allegations to be elaborated or clarified
orally. It is hoped that this stage will be completed by the
end of November 1996.
4.2 Stage 2 - Putting
the allegations to the various Members of Parliament
The Members of Parliament
will be supplied with a written summary of the allegations made
and the principal documents relied upon will be identified. Each
Member of Parliament will be invited to submit a written response
to the allegations (with legal assistance if necessary) within
a specified period. Members will also be invited to submit any
additional documents which they wish considered. Copies or summaries
of these statements and additional documents will be provided
to the complainants.
4.3 Stage 3 - The gathering
together of evidence
The inquiry team will seek
any further documentation (from any source) which they consider
may assist in their investigation of the allegations of misconduct.
Copies of additional documents, if to be relied upon by the Commissioner,
will be supplied to interested parties for their comments. By
this stage the complainants, and the Members of Parliament, will
have identified relevant witnesses, or even provided written statements.
Further witnesses may be identified, and contacted by the inquiry
team.
4.4 Stage 4 - Written
statements from witnesses - provided in response to requests from
the inquiry team
If necessary, brief written
questionnaires will be given to witnesses inviting written response.
Each witness will be informed that he/she may be invited to give
oral evidence, and informed of the right to legal advice. Written
statements will be considered and, if necessary, a further questionnaire
may be sent to a witness to seek supplementary answers or additional
information. At this stage, further lines of inquiry identified
by the witness statements may be pursued.
4.5 Stage 5 - Oral evidence
In so far as the Commissioner
considers it necessary to assist in the assessment of the evidence,
witnesses (including those making the complaints, and the Members
of Parliament against whom the complaints are made) may be invited
to give oral evidence.
Their evidence will be heard
in private.
A witness attending the
inquiry to give oral evidence may be accompanied by a legal or
other adviser.
It is not expected that
those who accompany witnesses (legal advisers or others) will
be invited to address the inquiry or to question any other witness.
Advocacy by legal or other advisers will not be permitted.
However, witnesses may consult
with their advisers before answering questions and advisers may
be asked to elucidate questions of fact.
Each witness will be supplied
at the hearing with a copy of his/her own written statement (if
any), and with a bundle of documents.
Questions will be put to
witnesses, primarily, by Mr Nigel Pleming QC (Counsel to the inquiry).
Questions will also be put by Sir Gordon Downey.
Evidence will not be given
on oath but any attempt to mislead or obstruct the inquiry is
likely to constitute a contempt of Parliament. Moreover, the
Select Committee has decided that, if having received the Commissioner's
report, it wishes to take further evidence, it will examine witnesses
on oath and will seek sworn confirmation that evidence previously
given to the Commissioner is full and correct.
If evidence given to the
Committee, whether on oath or not, indicates that a witness has
deliberately misled or otherwise obstructed the inquiry, this
could be a contempt of Parliament.
A transcript will be taken
of each witness's oral evidence.
After the questioning of
a witness has been completed, the witness will be given an opportunity
to consult with his/her adviser in private, and invited to make
any final remarks.
Every witness will be provided
with a copy of the transcript of his/her evidence and will be
invited to correct any factual errors in the transcript and submit,
if so advised, a further written statement.
If the Commissioner considers
it to be necessary, one witness may be invited to comment on the
evidence of another witness - and, for that purpose, relevant
extracts from the transcript of the evidence may be provided.
However, the record of evidence will not, as a general practice,
be shown to other witnesses.
If considered necessary,
a witness will be invited back to give further oral evidence.
The reasonable costs of
the attendance of a witness will be met from funds provided by
Parliament.
Legal costs will not be
met.
4.6 Stage 6 - finalisation
of evidence
No further comment necessary.
4.7 Stage 7 - preparation
of report
It is not expected that
the report to be prepared by the Commissioner will be shown to
any party to the inquiry before it is delivered to the Select
Committee. However, extracts of the report (in draft) may be
sent to witnesses (including those making complaints and Members
of Parliament) for comment on facts set out in the report to ensure
that factual errors (rather than conclusions on the facts or inferences
from the facts) may be corrected.
The Select Committee have
indicated that there is a presumption that the report will be
published.
5. Time scale
It is not possible to set
out a detailed time scale for the various stages of the inquiry,
or for the conclusion of the investigation and delivery of the
report to the Select Committee - much will depend upon the amount,
and complexity, of the information submitted. Further, the time
scale will be affected by the degree of cooperation obtained from
the parties (whether submitting complaints, or the subject of
complaint) and the various witnesses in submitting written statements
and attending to give oral evidence. However, it is hoped that
all stages of the inquiry can be completed early in 1997.
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