§ Lord Lamont of Lerwickasked Her Majesty's Government:
How they intend to make sure that the enquiry into the possibility of a leak from the Law Lords' conclusions on the case of General Pinochet will be independent from the Law Lords who sat on the case; and [HL2018]
What is the form of the inquiry into the alleged leak of the Law Lords' findings in the case of General Pinochet. [HL2069]
43WA
§ The Lord ChancellorFurther to my Answer on 31 March(WA 68), the inquiry instigated by the Clerk of the Parliaments at the request of the senior Lord of Appeal in Ordinary is being conducted by a suitably qualified former senior Civil Servant recommended by the Cabinet Office. The investigator will make his report to the Clerk of the Parliaments. Other than in assisting the investigator, the Lords of Appeal have no part in the conduct of the inquiry.
§ Lord Lamont of Lerwickasked Her Majesty's Government:
Further to the Written Answer by the Lord Chancellor on 13 April (WA 113) whether they will list the names of all the people whom the representatives of the Crown Prosecution Service met when they visited Madrid prior to the issue of the second warrant for the arrest of General Pinochet. [HL2019]
§ The Lord ChancellorWarrants for the arrest of Senator Pinochet have been issued by the Bow Street Magistrates' Court on 16 October 1998 (the first arrest warrant), 22 October 1998 (the second arrest warrant) and on 15 April 1999 (the third arrest warrant).
A lawyer from the Crown Prosecution Service, accompanied by counsel instructed by the CPS on behalf of the Kingdom of Spain, has visited Madrid in connection with the proceedings against Senator Pinochet on three occasions. The first occasion was on 22 and 23 October 1998. The second occasion was on 22 and 23 December 1998, and the third occasion was on 6 and 7 April 1999.
Before, during and after visiting Madrid there has been telephone contact between the CPS and counsel and Judge Baltasar Garzon Real.
During visits to Madrid the CPS lawyer and counsel have attended meetings with Judge Baltasar Garzon Real and also meetings chaired by Judge Baltasar Garzon Real at which representatives of the Spanish interested parties have been present. These have included Dr. Juan Garces, Enrique de Santiago, Carlos Slepoy and Virginia Dias. These people were only met after the second warrant had been issued. Additionally, secretaries, assistants and interpreters have been present at meetings.
During the first visit, the CPS lawyer and counsel met the acting British Ambassador prior to meeting the Spanish authorities.
The CPS lawyer and counsel have attended in Madrid to receive instructions from Judge Baltasar Garzon Real, to inspect documentation and to advise on the extradition proceedings.
Throughout the extradition proceedings, the Crown Prosecution Service has been acting as agent for the Kingdom of Spain in its capacity as a private lawyer acting for a foreign client and not that of prosecutor, as has been recognised by the Divisional Court. It would 44WA not therefore be appropriate to detail the contents of the meetings held in Madrid. The matters raised touch on client-solicitor confidentiality and are for resolving through the judicial process.
§ Lord Lamont of Lerwickasked Her Majesty's Government:
Whether General Pinochet, if he is no longer assisted by supporters from Chile, would be entitled to apply for legal aid in fighting the case to extradite him. [HL2022]
§ The Lord ChancellorYes. Any person in proceedings such as this may apply for legal aid and it will be for the court to decide whether legal aid is granted. In reaching a decision, the court will take into account both whether it is in the interests of justice for legal aid to be granted and whether the applicant's means are such as to justify providing help in meeting the likely costs of the case.