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


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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