Select Committee on Constitutional Affairs First Special Report


Appendices


Appendix 1

Copy of a letter from Rt Hon Alan Beith MP, Chairman, Constitutional Affairs Select Committee, to Rt Hon Lord Falconer of Thoroton, Secretary of State for Constitutional Affairs and Lord Chancellor

You will recall that when we took evidence from you in April, in the course of our inquiry into Party Funding, the following exchange took place:

"Q97 Mr Tyrie: ..... can you give the public an assurance that the Attorney General will not interfere in any way with the conclusions of the DPP and that the DPP would be permitted, were there to be something brought to him, to take any decisions for prosecution wholly independent of the Attorney General?

Lord Falconer of Thoroton: Of course. It is a matter for the DPP and the Crown Prosecution Service to make decisions in relation to this in the normal way and, of course, the Attorney General would not interfere in the normal course of decisions being made."

You will understand that the Committee was surprised to hear reports that the Attorney General intended to play an active role in any decision relating to prosecution under the 1925 Act. I would be grateful if you could explain whether the assurance which you gave the Committee was correct — namely, that the Attorney General would not play an active role in any decisions relating to potential cases under the 1925 Act — or whether it is intended that he will take an active roll in making such decisions.

We are just bringing our inquiry into this subject to an end and it would be very helpful if you could send me an early reply to this question in time for our deliberative session on Wednesday 6th December.

I am copying this letter to the Attorney General.

20 November 2006


 
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