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


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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