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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