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Introduction
738. The marshalling of
evidence in section VI above is designed to assist an understanding
of the main allegations made against the various Members who are
the subject of this report, and to set out in an accessible, but
summarised, form the wealth of material presented to the inquiry
to support and to contradict those allegations. Not all allegations
which have been made have been covered, partly because some have
emerged too late for proper inquiry and partly because, in the
case of one Member, they refer to actions in his capacity as a
Minister which, because there are special rules relating to the
conduct of Ministers, I have regarded as being outside my terms
of reference.
739. I have received extensive
written submissions on behalf of Mr Al Fayed and The Guardian
as complainants, and by or on behalf of the various Members whose
actions are the subject of investigation. I have studied these
submissions as they have arrived in my office, and I have taken
the opportunity to re-read and reconsider them before drawing
together the conclusions and findings in this part of the report.
740. I have also had the
opportunity of seeing and hearing the various witnesses to the
inquiry give oral evidence and, inevitably, I have formed my own
view of their credibility and the extent to which I can rely upon
their testimony.
741. However, in the light
of the detailed and constant attack by Mr Hamilton on Mr
Al Fayed's credibility, it is necessary to give his (Mr Al Fayed's)
position separate and close consideration. As noted earlier in
this report Mr Hamilton has relied upon several examples
where, it is alleged, Mr Al Fayed has been shown to have behaved
dishonestly. Mr Hamilton's approach could not be clearer:
"Fayed, as I now know from personal experience, is an inveterate
liar, unscrupulous, malicious and bears a multitude of grudges".[336]
742. Mr Hamilton
did not always feel that way, and certainly did not form an adverse
opinion of Mr Al Fayed's character during the lengthy period when
he was on friendly terms with him. Therefore, to support his
current view of Mr Al Fayed, Mr Hamilton has necessarily
relied upon other sources, such as the findings of the Inspectors
who produced the DTI report into the take-over of the House of
Fraser, and the evidence of Mr Betterman and Professor Rider.
743. In turn, Mr Al Fayed
has denied the allegations made by Mr Hamilton and has
produced some evidence in rebuttal. In relation to the DTI report,
Mr Al Fayed's position is that the evidence put before the Inspectors
which contradicted his own was unreliable because it was either
purchased or orchestrated by Mr Tiny Rowland, or both. Mr Al
Fayed submits that his own evidence should have been accepted
instead.
744. It would have been
impossible for me to have embarked on a series of investigations
into the allegations made by Mr Hamilton, and by others,
in relation to Mr Al Fayed's character in order to determine whether,
on the basis of those separate issues, his evidence to this inquiry
should be accepted, or rejected. Similarly, it would have been
impracticable for me to re-open the evidence given to the DTI
Inspectors. Nevertheless, the allegations against Mr Al Fayed
cannot be disregarded. Since I am not in a position to resolve
the conflict of evidence over his standing as a witness, I must,
in the interests of fairness to complainees, err on the side of
caution.
745. I have concluded, therefore,
that the correct approach is for me to take as a starting point
the findings of the DTI Inspectors,[337]
and not to accept Mr Al Fayed's evidence unless it is corroborated
by other evidence which I consider to be reliable - whether in
documentary form, or from the statements of witnesses. Although
I am well aware of the suggestion that Mr Al Fayed is capable
of persuading individuals to give untruthful evidence on his behalf,
I have formed my own view of the credibility of witnesses such
as Ms Bond, Ms Bozek and Mr Webb. I will return to Mr Al Fayed
and to those witnesses later in these conclusions.
746. In this section of
the report I have broadly followed the sequence and titling in
section VI (Summarizing the Evidence).
The Lobbying
Operation
747. There can be no doubt
that a concerted Parliamentary lobbying operation on behalf of
Mr Al Fayed was mounted and, to a large extent, orchestrated by
Mr Greer during the period 1985-89. The core members of the lobbying
group were Sir Michael Grylls, Mr Smith and Mr Hamilton
(the Chairman and Vice-Chairmen respectively of the Conservative
Party backbench Trade and Industry Committee), supplemented for
a short time in the first half of 1987 by Sir Andrew Bowden.
Throughout this period, Sir Peter Hordern was engaged
in parallel and overlapping activities as a paid Parliamentary
consultant to House of Fraser, but was not part of the Greer group
as such.
748. This lobbying activity
was a highly partisan affair, not just in its single-minded and
uncritical promotion of the interests of House of Fraser, but
in its relentlessly anti-Lonrho tone.
749. Taking part in a group
lobbying operation was not, in itself, objectionable. It would
only become so if the Members concerned accepted bribes to influence
their conduct; entered into a contractual relationship fettering
their discretion; or otherwise allowed their conduct to fall below
the standards which the House is entitled to expect of them (see
section V).
750. It may well be that
Mr Greer, in order to impress Mr Al Fayed, tended to exaggerate
the extent to which he could manipulate the group. And the Members
themselves maintained that it was their common interest which
cemented the group, rather than any formal structure. Even allowing
for these considerations, however, the group acted with a cohesion
which clearly owed much to Mr Greer's organising efforts; and
with a deference to Mr Al Fayed as yet unexplained.
336
See Appendix 33, paragraph 31. Back
337
See paragraph 1.19 of the DTI Inspectors' report - "In consequence
of watching them [Mohammed and Ali Fayed] give evidence we became
reluctant to believe anything they told us unless it was reliably
corroborated by independent evidence of a dependable nature". Back
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