Alleged Spying Case: Role of Attorney General’s Office Debate
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Iain Duncan Smith
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Alleged Spying Case: Role of Attorney General’s Office
Iain Duncan Smith Excerpts(2 days, 4 hours ago)
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The Solicitor General
In terms of the witness statements, to start with the first and by far most substantive witness statement was the one made under the previous Government. In relation to more recent statements, the Conservatives’ starting argument was that the Government in some way interfered with the evidence, and now they seem to be criticising the fact that we did not interfere with the evidence. It is right that the deputy National Security Adviser gave that evidence free from any political interference, as has been confirmed numerous times in this House already.
Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)
My right hon. Friend the Member for Newark (Robert Jenrick) is quite right. Throughout the whole saga, as my right hon. Friend the Member for Tonbridge (Tom Tugendhat) made clear, there have been conflicting stories about who did what, and why it could or could not be done, all in the same breath. But we know the rules require that the Attorney General is consulted on matters that are politically sensitive. It does not cut across his independence; it simply means that he or she has to be informed at the time. We understand from the Director of Public Prosecutions that the Attorney General must have been told that there was insufficient evidence to prosecute. If so, the Attorney General’s role in this matter—independently—is to say to the authorities in the Government, “You are not providing sufficient evidence. This prosecution will collapse unless you do.” Did the Attorney General say to the Government, “You are not providing enough evidence to secure a prosecution. It is over to you to do as you have been asked by the DPP”?
The Solicitor General
The Attorney General will be giving his evidence to the Committee next week. I think it is right to say that the case was dropped by the CPS not on public interest grounds but on evidential grounds. When a case is dropped on evidential grounds, the framework sets out that the Law Officers be informed when that has happened, and not that there is consultation beforehand. This is a case that did not continue on evidential grounds.