BAE Systems: Al Yamamah Contract

Part of the debate – in the House of Lords at 5:26 pm on 14 December 2006.

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Photo of Lord Kingsland Lord Kingsland Shadow Lord Chancellor, Constitutional Affairs, Shadow Lord Chancellor, Parliament 5:26, 14 December 2006

My Lords, I should like to say how much I appreciate the speed with which the noble and learned Lord the Attorney-General has acted in coming to your Lordships' House following the decision of the Serious Fraud Office. It is important to stress at the outset that that decision has been made by the prosecutorial authority and by that authority alone. It is true, of course, that the noble and learned Lord the Attorney-General has supervisory powers over that authority and will have given that authority the benefit of his views when asked, but the decision is its alone; it is not a political decision.

In coming to a decision about a prosecution, the prosecuting authority always takes two factors into account. First, what are the chances of success? Secondly, is it in the public interest to go ahead? As to the chances of success in the post-2001 circumstances, the noble and learned Lord the Attorney-General has found himself able to agree with the judgment that the prosecuting authority has made about the likelihood of success, in particular in the context that it would take at least another 18 months before a final view could be taken about the likelihood.

There is, however, the further matter of public interest. In such an international matter, assessing public interest is inevitably complicated, and many diplomatic and other factors are taken into account. The noble and learned Lord the Attorney-General has outlined those factors in making the Statement this afternoon. They are inevitable factors, which are within the unique knowledge of executive authorities. I am in no position to make a judgment about them and it is right in our constitutional system that, unless we have compelling reasons to believe otherwise, we accept the judgment made by the Government. The noble and learned Lord the Attorney-General is, after all, accountable to Parliament for making that judgment, and there the matter should rest.