Annex 7
Letter from the Director of Public Prosecutions
to the Speaker of the House of Commons
PRIVATE AND
CONFIDENTIAL
As you are no doubt aware, the Crown Prosecution
Service is advising the Metropolitan Police Counter Terrorism
Command on the investigation into Mr Christopher Galley and Mr
Damian Green MP. As Director of Public Prosecutions, I intend
to make the decision in this case myself having taken advice from
and discussed it with other senior prosecutors in the organisation.
I have already received a great deal of material
in respect of the alleged leaks, which has been read and considered.
For obvious reasons I would prefer to see any additional material
that may be relevant including that over which Damian Green MP
is claiming parliamentary privilege. For that reason I am anxious
that his claim should be resolved at the earliest possible date.
I have been provided with copies of the letter
that Ms Jennifer Leonard of the Metropolitan Police Directorate
of Legal Services sent to you on 17 February 2009 and Mr Malcolm
Jack's very helpful response of 23 February. I am also most grateful
to Mr Jack for the preliminary view given in relation to the material
in the possession of the Metropolitan Police. I understand that
the material which was identified at that preliminary stage as
subject to parliamentary privilege has been returned. I readily
accept the view in respect of the returned material which I do
not consider it necessary for me to see. I am only concerned with
the material that remains the subject of dispute.
In his helpful letter Mr Jack clarifies that
it is ultimately for the House of Commons to determine its own
privileges and he confirms that there is at present no motion
or other proceedings before the House about the status of the
documents. I of course recognise and respect the privileges accorded
to the House of Commons, and your position, together with the
rights of the House itself, in upholding them. I am therefore
seeking your assistance by letting me know a timetable within
which either you or the House will be in a position to resolve
the question whether privilege attaches to the remaining documents
which remain the subject of debate definitively.
I had hoped that this matter would have been
resolved by the first bail return date. Unfortunately that was
not possible and the date had to be extended. I am very anxious
that there should be no further extension of time because as I
am sure you will appreciate it is in the interests of justice
and of all of the parties concerned that a decision whether or
not to charge anyone is made as soon as reasonably practicable.
Thank you very much for your anticipated assistance
in this matter.
Keir Starmer QC
4 March 2009
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