Police Searches on the Parliamentary Estate - Committee on the Issue of Privilege Contents


Annex 5

Letter from the Speaker of the House of Commons to Damian Green MP

  Thank you for your letter of 9 February, enclosing the advice of Professor Bradley.

At the very end of his advice, Professor Bradley identifies the key problem by talking of "action that might prejudice the outcome of the police investigation". You will understand that a most important consideration in this matter is to avoid a public debate where criminal proceedings may still be in prospect. That would neither be fair to you nor to any other individual who may be involved nor has the House ever impeded criminal investigation on the basis of privilege.

  Turning to the point you make about determination of privilege, I have made it clear that it is indeed for the House to determine its privileges. The process of examination of material, undertaken by officers of the House, is being carried out with the agreement of your solicitors and that of the Metropolitan Police so as to identify privileged material and afford it protection. Neither the Clerk, nor any other officer, has claimed that this exercise is conclusive but it is necessary and mutually agreed preliminary step. The process so far is not concerned with what evidence will be placed before the court at trial, if there were to be a trial, but with the information that will be passed to the CPS for its decision on whether charges should be preferred and prosecuted. If a prosecution is commenced and the parties dispute the admissibility of evidence on grounds of privilege, then the Court would need to go into that matter and at that point consideration would need to be given as to how the Court should be given the House's view.

  You will understand from this letter that I am indeed concerned with the potential for serious injustice arising but that would be the case if the House at this moment put itself in the position of interfering with the process of criminal investigation. When, and if, there is a dispute about its privileges in any trial, as I have said, a method of dealing with that will need to be found but that point has not been reached.

10 February 2009



 
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