HL Deb 28 July 1999 vol 604 cc195-6WA
Lord Lamont of Lerwick

asked Her Majesty's Government:

Why the Crown Prosecution Service, in its letter of 25 March to the Spanish magistrate about General Pinochet requesting details of allegations of torture after 29 September 1998, referred to "assisting the Secretary of State", when the Crown Prosecution Service is meant to be independent of the Government. [HL3651]

The Lord Chancellor (Lord Irvine of Lairg)

The Crown Prosecution Service was established by the Prosecution of Offences Act 1985 as an independent prosecution service headed by the Director of Public Prosecutions. Prior to the establishment of the Crown Prosecution Service, the Director had, in addition to his functions concerning criminal prosecutions, for many years acted as the agent for foreign states seeking the return of fugitives from England, Wales and Northern Ireland. That role has continued since 1985, with such cases being handled on a day-to-day basis by Crown Prosecutors of the Casework Directorate of the CPS Headquarters in London. The function was formally assigned to the Director by the Attorney General on 10 December 1996 under Section 3(2)(g) of the Prosecution of Offences Act 1985.

The nature of the director's role in extradition cases was specifically recognised in 1994 by Lord Justice Glidewell sitting in the Divisional Court in the case of R v. DPP ex parte Frederick Thorn. He stated that the position of the director was "not that of a prosecutor but of a private lawyer acting for a foreign client" (The Times, 21 December 1994).

The letter of 25 March 1999 must be understood in that context; it is a communication between a lawyer and his client. It was written after the judgment of your Lordships' House of the previous day in relation to Senator Pinochet's case, in which the Judicial Committee had specifically asked the Secretary of State to reconsider his decision of 9 December 1998 to issue the Authority to Proceed. It is entirely proper for a lawyer in these circumstances to advise his client to place additional material before the Secretary of State. The use of the word "assist" denotes nothing other than the placing of relevant material before the Secretary of State to enable him to consider that material.

Lord Lamont of Lerwick

asked Her Majesty's Government:

What is their latest estimate of the cost so far to public funds of the extradition proceedings against General Pinochet, including the cost of Counsel to the Crown Prosecution Service, the cost of Counsel to the Home Secretary and the direct cost to the Crown Prosecution Service and any other costs. [HL3755]

The Lord Chancellor

The costs incurred to date by the Crown Prosecution Service in relation to the extradition proceedings against General Pinochet are estimated as follows:

  • Counsel's fees: £374,000 (inc. VAT)
  • Interpreter's fees: £3,500 (inc. VAT)
  • Other costs (including CPS staff costs, Photocopying etc.) Approximately: £166,000.

The costs of Counsel incurred to date by the Home Office are approximately £116,000 (including VAT), of which £26,875 (excluding VAT) is, subject to agreement or assessment by the court, recoverable under costs orders made against Senator Pinochet by the Divisional Court. The VAT is also recoverable.