§ Lord Lamont of Lerwickasked Her Majesty's Government:
What is their estimate of the known costs hitherto incurred by the Crown in the case for the extradition of General Pinochet. [HL2021]
§ The Lord Chancellor (Lord Irvine of Lairg)During the extradition proceedings against Senator Pinochet there have been court hearings in Bow Street Magistrates' Court, the Queen's Bench Division of the High Court and the House of Lords. These hearings have involved work by lawyers and officials in the Crown Prosecution Service, the Legal Secretariat to the Law Officers, the Home Office and the Treasury Solicitor's Department, as well as counsel instructed for the Spanish authorities, the Home Office and theamicus curiae.
It is not possible at this stage to provide a detailed estimate of all the costs incurred by the Crown in the extradition proceedings.
However, as at 25 March 1999, fees for counsel instructed by the Crown Prosecution Service on behalf of the Kingdom of Spain amount to approximately £300,000. Travel and interpreting costs to the Crown Prosecution Service have yet to be finalised. No figure is available for the cost of Crown Prosecution Service staff time.
The fees of counsel instructed by the Treasury Solicitor's Department on the Home Secretary's behalf are an estimated £100,000 to date, of which £18,000, subject to agreement or taxation, is recoverable under a costs order made against Senator Pinochet by the Divisional Court.
For security reasons, it has been the policy of successive governments not to provide information about police operations relating to protection. The Home Office allocation of £200,00 to the Surrey police force is to assist with the unexpected costs to that force of Senator Pinochet's residence in Wentworth.
Additionally, costs incurred by the Treasury Solicitor's Department in respect of counsel instructed as amicus curiae as at 19 April 1999 total approximately £60,000, plus VAT on part of that sum.
§ Lord Lamont of Lerwickasked Her Majesty's Government:
What has been the cost, on the basis of payments so far made, of the counsel employed by the Crown Prosecution Service in the case about the extradition of General Pinochet. [HL2070]
56WA
§ The Lord ChancellorAs at 25 March 1999, fees for counsel instructed by the Crown Prosecution Service on behalf of the Kingdom of Spain amounted to approximately £300,000.
§ Lord Lamont of Lerwickasked Her Majesty's Government:
Further to the Written Answer by the Lord Chancellor on 12 April (WA 97), whether the Crown Prosecution Service lawyers, when they travelled to Madrid before the issue of the second warrant for the arrest of General Pinochet, met Joan Garces, former adviser to President Allende. [HL2020]
§ 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), on 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 Crown Prosecution Service 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 Crown Prosecution Service and counsel and Judge Baltasar Garzon Real.
During visits to Madrid, the Crown Prosecution Service 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. They 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 Crown Prosecution Service lawyer and counsel met the acting British Ambassador prior to meeting the Spanish authorities.
The Crown Prosecution Service 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 not therefore be appropriate to detail the contents of the meetings held in Madrid. The matters raised touch on legal professional privilege and are for resolution through the judicial process.