§ Mr. Andersonasked the Lord Privy Seal what are the precise terms upon which assistance from public funds has recently been granted to an official of the Foreign and Commonwealth Office to institute defamation proceedings; and, in particular, to what extent the Department will be reimbursed for actual expenditure from any damages which may be awarded to the official.
§ Mr. HurdNo assistance from public funds has been granted to enable an official of the Foreign and Commonwealth Office to institute defamation proceedings. Mr. Kirby's decision to suePrivate Eye was his alone and no promise or other indication of financial help was made to him before he took the decision.
The terms of the financial support offered to Mr. Kirby are, in substance, that the Foreign and Commonwealth Office has agreed to reimburse him his reasonable costs as a result of his legal action. However, certain elements must be referred to the Foreign and Commonwealth Office before they are agreed.
It is not envisaged that there will be any actual expenditure from public funds before the completion of the proceedings, so no question of reimbursement is expected to arise.
If damages were awarded to Mr. Kirby in excess of his costs, obviously no payment would be made to him from public funds.