Annex 12
E-mail from Damian Green MP to the Clerk
of the House and Chief Executive
Alan Duncan has passed to me a copy of your
letter to him of 31 March. I am deeply concerned because I do
not think you appreciate my position concerning the documents
which may be the subject of parliamentary privilege. It is not
in the view of myself or my solicitors possible to leave the decision
as to whether any material is privileged until later on in any
proceedings. To do so will prejudice my position at the present
time.
I anticipate that at some stage I will be asked to
comment on material in a police interview under caution. In addition
I or my solicitors may wish to make representations to the DPP
on material which it is accepted could be used in any case. I
simply cannot do so on material which is subject to parliamentary
privilege, but at the present time I do not know what material
Parliament has determined is subject to privilege. As a result
I will be severely prejudiced because I will not be given the
opportunity of putting forward my case in advance of any consideration
as to whether I should be prosecuted. If I do not say something
which I later rely upon in court then it may prejudice my defence.
But I cannot say anything on material which may be subject to
privilege. This is why failing to decide now which material is
privileged prejudices my position.
The issue of Parliamentary privilege needs to
be determined now. As you say in your letter the inspection was
a preliminary sift and it is for the House to decide on its privileges.
As you also know there is a motion on the order paper to this
effect I do not accept the House would be interfering with a police
investigation. On the contrary, the sooner this is resolved the
less interference there will be.
I am sending this by email to ensure early arrival.
I look forward to hearing from you.
2 April 2009
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