Conduct of witnesses before a select committee: Mr Colin Myler, Mr Tom Crone, Mr Les Hinton, and News International Contents

Contents

Summary

1 Introduction

Referral of 22 May

Commons procedure on privilege matters

Process followed in this case

Process followed by our inquiry

Our Report

Cooperation from inquiry subjects

2 Procedural submissions

The CMS Committee inquiry

Parliamentary privilege and jurisdiction of the House

Application of Article 6 of the ECHR

Fairness

Standard of proof

Remit and role of the Committee of Privileges

Right of appeal

3 Background

Culture, Media and Sport Committee inquiries

Dramatis personae

Chronology

Phase one—Arrest to sentencing of Clive Goodman and Glenn Mulcaire (August 2006 to January 2007)

Phase two—Clive Goodman appeal against dismissal (February 2007 to July 2007)

Phase three—Gordon Taylor settlement (April to June 2008)

Phase four—Guardian article 8 July

Phase five—Civil claim by Sienna Miller (late 2010)

4 Colin Myler

Key dates

CMS Chapter 8 conclusions

Written evidence before the CMS Committee (of relevance to Colin Myler)

2010 Report

2012 Report

Tom Crone’s Memorandum, dated 24 May Tom Crone’s Memorandum, dated 24 May 200831

Michael Silverleaf QC Opinion, 3 June 2008 (“Silverleaf Opinion”)Michael Silverleaf QC Opinion, 3 June 2008 (“Silverleaf Opinion”)31

Colin Myler oral evidence to the CMS Committee

Evidence for 2010 Report

Evidence to CMS for the 2012 Report

Colin Myler written evidence for 2012 Report

New evidence before this Committee

Colin Myler Witness Statement dated 21 December

Colin Myler evidence to the Leveson Inquiry

Colin Myler responses to the Committee of Privileges

Evidence to the Committee of Privileges from other witnesses

Our conclusion

5 Tom Crone

Key dates

CMS Chapter 8 conclusions

Significance of confidentiality in the Taylor settlement

Written evidence before the CMS Committee (of relevance to Tom Crone)

Tom Crone oral evidence to CMS for 2010 Report

Tom Crone oral evidence to CMS for 2012 Report

Tom Crone written evidence to CMS for 2012 Report

Written and oral evidence to CMS provided by other witnesses

New evidence before this Committee

Tom Crone responses to Committee of Privileges

CMS Committee and “the significance of confidentiality”

Our conclusion—the significance of confidentiality

Commissioning of surveillance

Tom Crone oral evidence to CMS for 2010 Report

Tom Crone oral evidence to CMS for 2012 Report

Tom Crone written evidence to CMS for 2012 Report

New evidence before this Committee

Tom Crone responses to Committee of Privileges

Our conclusion—commissioning of surveillance

The involvement of others in phone hacking

Evidence before CMS of relevance to Tom Crone

2012 Report

Tom Crone oral evidence to CMS for 2010 Report

Tom Crone oral evidence to CMS for 2012 Report

Tom Crone written evidence to CMS for 2012 Report

New evidence before this Committee

Tom Crone responses to the Committee of Privileges

Our conclusion—involvement of others

6 Les Hinton

Key dates

CMS Chapter 8 conclusion

Extent of pay-off to Clive Goodman and his role

Written evidence before CMS

Les Hinton oral evidence to CMS for 2010 Report

Les Hinton oral evidence to CMS for 2012 Report

Les Hinton written evidence to CMS for 2012 Report

Written and oral evidence provided to CMS provided by other witnesses

New evidence before this Committee

Les Hinton responses to Committee of Privileges

Our conclusion

Knowledge of allegations of extent of phone hacking at NOTW

Written evidence before CMS

Les Hinton oral evidence to CMS in

Les Hinton oral evidence to CMS for 2010 Report

Les Hinton oral evidence to CMS for 2012 Report

Les Hinton written evidence to CMS for 2012 Report

Written and oral evidence provided to CMS provided by other witnesses

New evidence before this Committee

Les Hinton’s responses to Committee of Privileges

Our conclusion

Payment of Clive Goodman’s legal fees

7 News International

Corporate liability

Chief Executives key dates

CMS Chapter 8 conclusion

CMS conclusions on the police investigation and Neville Thurlbeck

Conclusions of the CPS

Written evidence before CMS

2010 Report

2012 Report

Les Hinton evidence to CMS as Chief Executive

James Murdoch evidence to CMS as Chief Executive

Rebekah Brooks evidence to CMS as Chief Executive

Management and Standards Committee evidence

Other witnesses to CMS

New evidence before this Committee–and NI’s response 18 April

Colin Myler witness statement

December 2006 Memo

Farrer & Co Record of attendance for meeting on 20.01.

Emails Rebekah Brooks and Frederic Michel, Martin Ivens, and Matthew Anderson

Other points raised by Linklaters (18 April 2016)

Failure to disclose documents

Our conclusion

8 Lessons learned

Select committees

Parliamentary privilege and contempt

9 Conclusion and recommendations for the House

Sanctions

Process in the House

Further action

Annex: Chronology

Appendix: Committee resolution on procedure

Formal Minutes

List of written evidence

List of Reports from the Committee during the current Parliament





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13 September 2016