APPENDICES TO THE REPORT
APPENDIX 1
Memorandum submitted
by the Parliamentary Commissioner for Standards
The following are some notes
on Mr Hamilton's written response to my report.[16]
The paragraph references apply to the response or my report as
appropriate.
Procedures - Paragraphs 1-23
Among Mr Hamilton's arguments
are the following:
(i) that the inquiry
procedures lacked the safeguards of a court
(ii) that he was denied
the right to comment on my findings before publication
(iii) that the burden of
proof should have been placed squarely on the prosecution
(iv) that the standard of
proof should have been "beyond reasonable doubt"
(v) that evidence was
not taken on oath
(vi) that cross-examination
was not allowed
(vii) that some documents
were not sent to him for comment
(viii) that "Al Fayed's
witnesses" were not independent; and that it was inconsistent
to reject such evidence in the Howard case but to accept it in
his
(ix) that much of the evidence
was circumstantial, unreliable, or would not have been admissible
in a court:
e.g. - second-hand
evidence from Royston Webb (relied on)
- that of Iris Bond (partially
rejected)
- character reference for
Alison Bozek
- documentary evidence was
fragmentary
- Al Fayed testimony was
inconsistent and contradictory
(x) that rules of registration
were applied retrospectively in respect of
Comments seriatim
(i) My approach was
set out in paragraphs 69-73 of my report and Annex 1. This was
a parliamentary inquiry and there was no attempt to replicate
the procedures of a court action. The proposed procedures were
shown in advance to the previous Select Committee and to complainees.
The approach was inquisitorial, not adversarial. Its sole purpose
was to arrive at the truth, not to achieve a "conviction".
Furthermore, the allegations made against Mr Hamilton that he
took cash payments from Mr Al Fayed formed but one aspect of a
far wider investigation which I was undertaking. Had Mr Hamilton
felt it necessary to retain court safeguards he would have needed
to continue with his libel action.
(ii) Mr Hamilton is
right in saying he was prevented from commenting on my findings
before publication. This was at the specific request of the former
Committee. (The same applied to the Howard case).
(iii) As this was an inquisitorial
process, there was no prosecution and no reversal of any burden
of proof. All evidence was receivable and it was my task
to assess its relevance and weight. I relied largely on Counsel
to the Inquiry to test evidence for and against the allegations
in a neutral way. I deliberately took little part in the examination
of witnesses to avoid being cast in the role of prosecutor.
(iv) Since this was not a
court action I deliberately avoided judicial concepts of standards
of proof. In any case "beyond reasonable doubt" was
of doubtful relevance given that this was not a case involving
criminal charges (see paragraph 76) or criminal sanctions. Indeed,
the substance of the case stemmed from the abandoned civil libel
action where the standard of proof would have been "balance
of probabilities". In practice my approach was more stringent
than this and I assured Mr Hamilton at an early stage that I would
require higher standards of proof for the more serious allegations
(see letter of 18.11.96, attached).
(v) I have no powers
to take evidence on oath. The position is explained at paragraph
72 of my report.
(vi) Examination of witnesses
was conducted by Counsel to the Inquiry and myself. Where witnesses
were contradicted by later evidence they were given the opportunity
to comment further. This procedure was designed to serve the
inquisitorial approach which I was adopting. (The Committee itself,
of course, has no powers to permit cross-examination of witnesses).
(vii) I am satisfied that
Mr Hamilton was provided with documents, or summaries of evidence
on which reliance was placed. Of those he mentions in para 23(iii),
some went to his lawyer (for example, the oral evidence of Mr
Greer) and some raised no new evidence (for example the later
Guardian submissions). There clearly comes a point where, on
practical grounds, the exchange of evidence has to be brought
to an end and this was provided for in the procedures.
As to the tape
mentioned in para 23(iii) (d), Mr Hamilton claims that this evidence
(which was originally supplied to me in connection with the Michael
Howard inquiry) shows Mr Al Fayed denying that he made any cash
payments to Mr Hamilton. In fact there are inconsistencies
between the tape and the transcript, and other passages on the
tape supported the main thrust of the allegations of cash payments
to Mr Hamilton. Given these inconsistencies, I decided not to
place weight on this evidence (see footnote 177, page 61).
(viii) There is no useful
comparison to be made between the Howard case and this inquiry.
In the former, none of the witnesses for the "prosecution"
had any direct involvement in alleged payments. The allegation
was that payments were made by Tiny Rowland and the evidence turned
largely on varying interpretations of taped conversations. In
the Hamilton inquiry the witnesses were directly involved in payments.
The witnesses were not the same people in the two cases.
(ix) Where evidence was circumstantial
(as with the documents) its limited value was acknowledged. On
the examples given
- I
specifically did not rely on Royston Webb (para. 802)
- the
character reference was given limited weight (para. 799)
- the
documentary evidence, although fragmentary, was thought significant
enough to warrant suggestions from Mr Hamilton that it might have
been fabricated (paras. 426-428)
- I
did not say that Al Fayed's word was unreliable. I said I was
not prepared to rely on it, uncorroborated, given the outcome
of previous inquiries and separate allegations against Mr Al Fayed
whose validity I was not in a position to judge (para. 744-745)
- the
Register has never exempted "private" hospitality which
in any way relates to membership of the House. Given the nature
of Mr Hamilton's work on Mr Al Fayed's behalf any hospitality
Mr Hamilton received from Al Fayed was registrable.
Mr Hamilton may
have a point about financial interests with constituency companies.
The report makes it clear that it is in my view wrong
to make money from a constituent (except, of course, from e.g.
family businesses, law firms, partnerships etc. pre-dating election):
but this may not be the normal perception and is something the
Committee will need to decide both as regards past practice and
the future. (I deal with this point more fully below.)
Report Findings - Paragraph
24 et seq.
There is virtually nothing in
the remainder of Mr Hamilton's submission which was not included
in his earlier evidence. Some of the comments and judgements
he seeks to refute are not in fact being made and other statements
in the Report are misquoted. I can only illustrate this by listing
examples and pointing to references in the Report at which the
evidence was considered. These are not, of course, comprehensive.
Response: para 24(2)
Mr Al Fayed's former solicitors
D.J. Freeman have confirmed that specific dates included in the
original allegations were deduced from diary entries when it appeared
that Al Fayed and Mr Hamilton had met alone. I have not relied
on them. Inconsistencies in the allegations are acknowledged
- para 789 (i).
I rejected the allegations
relating to gift vouchers because there was no direct corroboration
of Mr Al Fayed's evidence on the point.
I did not see as a `critical
issue' the question of whether Al Fayed had met Mr O'Sullivan.
In fact, Al Fayed said he may have said "hello" to
him on one occasion (paras 463-464).
Response: para 24(3)
and (4)
For the reasons set out
above I have not relied on specific dates. I made quite clear
that the amount of payment was uncertain but was unlikely to be
less than that received by Mr Smith (para 857).
The reasons for finding
evidence of payment "compelling" are set out in paras
788-795. They are reinforced by my findings on the credibility
of witnesses (paras 797-807).
Response: paras 25-26
I have not said "Fayed's
evidence is unreliable in general". I acknowledged there
were inconsistencies in his allegations, though the main thrust
remained constant (para 789); and that I was not prepared to rely
on his uncorroborated evidence, given the adverse findings of
earlier inquiries which I could not evaluate.
Mr Greer did not produce
"comprehensive documentary evidence positively refuting all
these false allegations" (relating to cash payments and a
possible "slush" fund). The documentary evidence related
to the cheques for £12,000 and £6,000 (para 760), and
the use to which they were put (not involving Mr Hamilton) could
have been the source of misunderstanding between Greer and Al
Fayed (paras 762-763). I had no satisfactory explanation of the
cheque for £13,333 plus VAT but concluded that there was
no evidence that any of the money went to Mr Hamilton. I concluded
that it was "highly probable" that Mr Greer accepted
cash payments (para 756).
In his response and in earlier
submissions Mr Hamilton has laid great stress on the inconsistencies
in the dates and methods of payment referred to in Al Fayed's
evidence. It is a fair point and I placed little reliance on
Al Fayed's recollection of detail. Indeed, where the evidence
could not be corroborated from other sources (e.g. in the case
of payment of gift vouchers) I was not prepared to accept his
evidence at all.
Mr Hamilton complains that
I made no specific finding that an envelope containing cash had
been sent to his home. I felt it unnecessary to be so specific
for the purposes of my findings: but for the record, I have no
reason to disbelieve Ms Bozek's evidence on the subject - para
789(v).
Response: paras 27-28
I felt it right to evaluate
the credibility of witnesses in their own right and not to assume
that they were "tainted by association".
Although Ms Bozek left Al
Fayed's employment only three weeks before Mr Hamilton issued
his writ, the libel action was thereafter stayed until September
1996. By the time Ms Bozek gave evidence to the inquiry she had
not been employed by Mr Al Fayed for almost two-and-a-half years.
Response: paras 29-39
I did not overestimate the
importance of Ms Bozek's reference but cannot accept that it was
of "no value". I am not sure why Mr Hamilton would
think it appropriate for me to ask for Mr House's opinion of her
earlier conduct: presumably Allen & Overy would not have knowingly
recruited a dishonest person.
I took account of Lord Harris'
reference (Vol II Appendix 88 page 481) although this related
very largely to Mr Hamilton's beliefs and the causes he espoused.
Again, I regarded it as of some value.
Mr Hamilton feels I have
overlooked Ms Bozek's "moral deficiencies". Against
this I think it is relevant to point out:
- that Ms Bozek was not
under investigation
- that, in my view, it is
appropriate to set higher standards for elected representatives
(and the public service generally) than for those in a business
environment
- that Ms Bozek was an employee
acting on the instructions of a boss on a short fuse
- I had (and have) no evidence
of dishonesty on her part
- I acknowledged that Ms
Bozek and Ms Bond were reluctant to answer questions on whether
other people received large cash payments from Mr Al Fayed; and
that a subsequent letter only confirmed that they were aware of
no such payments to other Members.
Mr Hamilton believes Ms
Bozek's answers about Francesca Pollard damage her credibility
(Vol III Questions 86, 88 and 89). Here she said
"It is possible
Mr Al Fayed gave her money but I really do not know"
Asked if she put any money
in envelopes for her she said
"Not specifically,
but I am sure there were envelopes left for her, whether they
contained money, I do not know".
This might have been evasive,
but in my view, was not critical to Ms Bozek's reliability as
a witness to this inquiry.
Response: paras 40-46
I do not accept Mr Hamilton's
charge of bias. Following the examples cited in para 803, I found
it difficult to escape the conclusion that his credibility had
been damaged - particularly because of his attack on the honesty
of The Guardian's journalists and the circumstances of
his dealings with Mr Heseltine.
It was clearly not for me
to form a view on the tax issues but I remain concerned. Contrary
to the implication in Mr Hamilton's response, I have still not
had a satisfactory reply from his accountant.
The only reason for referring
to the confusion over his conversation with Mr Al Fayed in 1990
(para 581) was that (coupled with evidence from Mr Al Fayed) it
left me unable in my conclusions to say whether he had visited
the Ritz on that occasion or not. I thought a more relevant point
(para 811) was that Mr Hamilton was undoubtedly still seeking
a favour from Mr Al Fayed, long after the adverse findings of
the DTI inspectors.
Response: paras 49-53
The introduction to para
803 says "It has been argued (i.e. by witnesses)
.... that Mr Hamilton's credibility has been seriously undermined
... " and is followed by examples.
The fact that Mr Hamilton
was wrong in claiming that he was introduced to Al Fayed by Sir
Peter Hordern is not disputed: he was introduced by Mr Greer.
Para 803 (i) does not characterise this as a "lie"
and I attach very little importance to it.
Mr Hamilton or his solicitor
saw The Guardian's submissions up to the point at which
I felt they ceased to add anything to evidence already adduced.
I disregarded any implication of collusion with Sir Peter Hordern.
Response: paras 54-56
I preferred the evidence
of Mr Hencke and Mr Mullin (backed up by near-contemporaneous
interview notes) to Mr Hamilton's. I see no inconsistency in
concluding that, by accusing Mr Hencke of a "direct lie"
and challenging the reliability of the documents, Mr Hamilton
damaged his own credibility.
Response: paras 57-59
Mr Hamilton says he never
denied using a normal public room at the Ritz in 1987. He gave
a different impression in his letter to Peter Preston of 1 October
1993 and in the account he gave to the Cabinet Secretary in 1994
(para. 548).
Response: paras 60-67
Mr Hamilton may, as he says,
have forgotten that he signed a bill at the Ritz. That is why
this, and a number of other factual inaccuracies, are bracketed
together as "comparatively small points" (para. 803(ii)),
and not given any particular weight (para. 805).
Response: paras 68-72
I accept that, with the
exception of one PQ, Mr Hamilton dissociated himself from House
of Fraser decisions as a DTI Minister.
On the above minor points
Mr Hamilton insists that I have classified each as a "lie".
Personally, I think the language of the report is much more restrained
than that: and the importance attached to each point was very
small.
Response: paras 73-86
At no point did I refuse
to answer Mr Hamilton's question as to whether Mr Heseltine had
given evidence. Indeed, Mr Hamilton was clearly aware that he
had and his submission to the inquiry dealt with the matter in
some detail. I cannot say with certainty that he saw Mr Heseltine's
second letter of 27 February, (Vol II Appendix 92 page 485) but
he was certainly apprised by me of its contents.
Mr Hamilton takes the view
that receiving introduction payments from Mr Greer could create
no obligation. This was not the view of the Select Committee
on Members' Interests who decided that such payments should have
been registered.
Mr Hamilton says he never
claimed that he misunderstood Mr Heseltine's question. Para 514
(second indent) explains Mr Hamilton's understanding at the time.
Since this does not coincide with Mr Heseltine's, I inferred
that a misunderstanding had been acknowledged. Indeed, the claimed
understanding, or misunderstanding, reappears in para 80 of Mr
Hamilton's response to the Report.
Mr Hamilton also says I
was wrong to suggest that he understood the question to refer
only to subsisting financial relationships. This is not what
I said (para 803 (iii)). The Committee may also wish to remind
themselves of para. 514, third and fourth indents, which cast
some light on Mr Hamilton's intentions.
There is nothing in the
correspondence to suggest that Mr Heseltine was asking about money
from Al Fayed: he referred only to Mr Greer.
Response: paras 87-88
I preferred the evidence
of Preston, Hencke and Mullin (with supporting documentation)
to Mr Hamilton's claim that, since he did not refer to "cash
for questions" in his letter October 1993, he must have been
unaware of that allegation.
Response: para 89
Mr Hamilton quotes Question
2109. But at Question 2107 he was asked to confirm (which he
did) that his last contact with Al Fayed was in 1989. Yet he
sought to arrange a further stay at the Ritz in 1990.
Response: paras 90-100
I found it unnecessary (para
804) to form a view on the tax points advanced by The Guardian
(para 803 (vii) and (viii)). They did, however, provide prima
facie cause for concern in three respects:
- the unusual way in
which payments in kind were received in the belief that this reduced
the tax liability
- there was no declaration
of commission payments to the Revenue at the time, despite advice
from Mr Hamilton's accountant indicating that there was an arguable
case for the non-taxability of the payments (which would imply
the need to inform the Revenue). A further exchange I have had
with the accountant is attached but the matter remains unresolved.
- Mr Hamilton claims to have
said explicitly that one purpose of the New Orleans trip was to
try to develop contacts in his political consultancy business.
I find this difficult to read into Questions 2151-2155 where
he says "The business expense was allowable because it was
a visit to the Republican Party Convention." Q. "What
has that got to do with your consultancy fees?" "Nothing
whatsoever".
Response: para 101-102
The Members' Interests Committee
examined a complaint of non-registration concerning the stay at
the Ritz. I took the view that, as a possible reward for lobbying
services, this stay had much wider significance as part of the
present inquiry. Moreover, considerably more evidence has come
to light as a result of the libel action about the circumstances
surrounding the visit. This evidence was not available to the
previous Committee and I could not ignore it.
Response: paras 103-106
The requirement is to register
hospitality which in any way relates to membership of the House.
Given Mr Hamilton's lobbying activities, the stay in a holiday
cottage in the grounds of Balnagown Castle was, I believe, clearly
registrable. The registration guidance has never provided exemption
for "private" hospitality in such circumstances. In
any event, it remains my view that such hospitality could not
properly be described as "private".
Response: paras 107-109
My reasons for treating
his consultancy as registrable are at para 813 (vii). The fact
that Mr Hamilton did nothing either inside or outside Parliament
in the three weeks involved does not, in my view, alter the need
to register. It is the receipt of a benefit which matters, not
the provision of services. The advice given by the Registrar
in 1994 was hardly a conclusive encouragement to non-registration.
Response: para 113
Q. 569 relates to allegations
that the cheques for £12,000 and £6,000 were intended
to pay Mr Smith and Mr Hamilton. As Mr Pleming said, the documents
supported Mr Greer, and I found accordingly.
Response: para 114
There is no inconsistency
of the sort alleged by Mr Hamilton between the treatment of Mr
Hamilton's case and that of Sir Andrew Bowden. The Bowden cash
allegation was not upheld because there was, unlike in Mr Hamilton's
case, no corroborative or supporting circumstantial evidence.
The Report makes clear that Mr Al Fayed probably confused the
supposed cash payments to Sir Andrew with the £5,320 election
donation.
Response: para 115
This is going over old ground.
The Report goes out of its way to say that Mr Al Fayed's evidence,
on its own, could not be relied on.
Response: para 116
The question of hampers
did not appear in any of the subsequent formulations of the allegations
against Mr Hamilton, so - to that extent - it was not pursued
consistently by Mr Al Fayed. But it was still true.
Response: paras 117 to
129
Webb disputes the interpretation
placed by Hamilton on his conversation with Greer in October 1994
(see paras 440-442 of the Report). The charge against Nigel Pleming
(para 120) that he failed to cross-examine Webb on this issue
is unfounded - the transcript of the telephone conversation was
received from Mr Hamilton's solicitors only on the morning of
the hearing with Mr Webb, who would therefore not have had a chance
to read it. Instead, he was asked for his written comments (see
above).
At para 127, Mr Hamilton
again repeats his claim that the brown paper envelopes aspect
of the allegations did not surface until the autumn of 1996.
As the Report makes clear (para 518), this charge was put to Mr
Hamilton by The Guardian journalists in the summer of 1993
(a fact evidenced by their contemporaneous notes, whose authenticity
Mr Hamilton - in my view unjustifiably - disputed).
Mr Hamilton says I concluded
that Webb "gave his evidence in an apparently straightforward
manner". My actual words were "Although[17]
Mr Webb gave his evidence in an apparently straightforward manner,
I found it unnecessary to reach a conclusion on this matter since
he was not sufficiently close to the alleged events to affect
my judgement one way or the other" (para 802).
Response: paras 130 and
131
There is nothing new in
these paragraphs. I took Mr Hamilton's detailed analysis of the
evidence from Bozek, Bond and Bromfield fully into account, but
this had to be set against the favourable impression I formed
of all three witnesses' veracity and reliability when they appeared
before me. I am satisfied that this outweighed any apparent inconsistencies
in their versions of events which, in any case, were not of major
evidential significance.
Mr Hamilton repeats his
concern in para 131 (ii) and (iii) about the letter from Mr Al
Fayed's solicitor relating to the question of cash payments to
other people. As is clear from para 472 of the Report, there
was no denial that such payments took place (and thus no dishonesty
of the sort alleged by Mr Hamilton), but merely a refusal to confirm
the practice or to give names. It was not necessary for me to
pursue this further since it was not germane to the allegations
I was investigating.
Response: paras 132-153
The burden of proof was
not placed on Mr Hamilton . The telephone message pads
were prima facie circumstantial evidence of the soliciting
of, and preparations for, payments to Mr Hamilton. Mr Hamilton
conceded that these could be damaging documents for his "defence",
which may explain why his initial response was to imply that they
were forgeries (Q 1955 and 1956). Mr Hamilton's complaint would
have been stronger had these documents not been put to
him for explanation and comment.
a) The meeting on 2 June 1987
I made no such assumptions
as those attributed to me in para 133.
Mr Hamilton argues (para
140 and 141) that it would have been irrational to travel to
London on 2 June unless he already had reason to believe that
a payment would be offered to him. But, as a counter-hypothesis,
the arrangement between him and Mr Al Fayed could already have
been agreed in principle and the telephone call on 27/28 May would
then have been to confirm that 2 June was a convenient day for
collecting a payment. As to why Mr Hamilton did not arrange for
the money to be couriered to him, it might be assumed that this
method of payment had not been agreed at that stage (the first
reference to this possibility is in the telephone message of 28
September 1988). Para 142 of Mr Hamilton's submission was dealt
with in the Report (para 789 (vii)): the finding against Mr Hamilton
does not involve a crude "cash for questions" relationship
between each payment and specific actions taken in Parliament.
Mr Hamilton's claim (para 145) that part of the relevant entry
in the message book was added "at a later date" is disingenuous.
The forensic science report (Vol II, p. 488) says that, although
some words may have been inserted subsequent to the taking down
of the main message, this might mean only "at the end of
the message in order to clarify from whom it came".
I believe that Mr Hamilton's
para 148 is fully answered in paragraphs 789 (v) and (vi); 794;
and 806 of the Report.
b) The message of 28 September
1988
Mr Hamilton claims (para
150 (i)) that there is no evidence of any telephone call from
him relating to the possibility of an envelope being couriered
to him. But the message book entry clearly says "Neil Hamilton",
implying that the call from Iris Bond to Alison Bozek was to relay
some communication from Mr Hamilton (see Q 145 to 150). Paras
150 (3) and (4) and 151 return once more to the false argument
that, in order for the allegation to be substantiated, evidence
must be provided of dates and times of every payment and the precise
parliamentary activity for which they are claimed to be a reward.
Again, it is clear from the Report (paras 806 and 807) that the
finding is a general one, concerning an overall pattern of payments
for lobbying services and that it is based on an accumulation
of evidence, some of it acknowledged to be circumstantial.
Of course the explanation
advanced by Mr Hamilton in para (151)[18]
is possible, but on balance I did not find this a convincing reason
for the despatch of a courier.
c) The telephone message of
14/15 December 1988
Since the inquiry concluded,
Mr Hamilton has discovered his diary, previously thought to be
lost, for 1988. He attaches great weight to an entry for 20 December
which, he says, confirms that on that day he was in Southsea visiting
his parents. This is important, in his view, since if he did
not attend the meeting with Mr Al Fayed that day this would render
more plausible his claim that the purpose of the meeting at Harrods
on 15 December was to hand over Christmas presents, rather than
to receive a payment. Clearly, it would have been helpful if
this diary had been available to me during the inquiry - although,
had it been, I should have wished to examine it in detail.
Although the diary entry
for 20 December would have been relevant evidence, it is far from
conclusive. First, there is no indication of the timing of the
visit to Southsea, so that the possibility of Mr Hamilton's having
attended a meeting at Harrods either earlier or later the same
day cannot be excluded. Second, it is not apparent when the visit
to Southsea was originally arranged and whether, when he attended
the meeting with Mr Al Fayed on 15 December, Mr Hamilton was then
expecting to see him again on 20 December or not.
Response: para 154
I accept that there is an
inconsistency. In para 400 of the Report Mr Hamilton is recorded
(on the basis of the documentation produced for the libel action)
as attending a briefing meeting on 29 March 1988. However, in
the detailed chronology of the lobbying group's activities (para
155 of the Report) reference is made only to invitations having
been issued to attend this meeting. The documentation for the
libel action was clearly inaccurate in this respect.
Response: paras 156 to
160
Whether evidence of the
similarities between Mr Smith's case and Mr Hamilton's would be
inadmissible in a court is (as I have explained both in this note
and in the Report) irrelevant - though I personally think Mr Hamilton's
assumption on this point (para 157) is questionable. All para
158 establishes is the fact - repeatedly stated in the Report
- that Mr Al Fayed is not a reliable witness on matters of detail
(though on the broader picture he has often tended to be proved
right). Otherwise, the comparison between Smith and Hamilton
is fully dealt with in the Report (paras 431, 473, 789 (vii),
and 792). Para 160 repeats the false comparison between the treatment
of the allegations against Mr Hamilton and Sir Andrew Bowden.
I have already addressed this point in connection with para 114
of Mr Hamilton's submission.
Response: paras 161 to
167
As indicated earlier, Mr
Hamilton claims (paras 162 and 163) that the Code of Conduct for
Members implicitly gives approval to the kind of financial relationship
entered into by Mr Hamilton with a company in his constituency
(NNC). Although the Code does not go into detail on this point,
I find it difficult to imagine that the House intended to endorse
the taking by Members of commission fees for introducing constituents
to lobbying firms, or the entering into consultancy agreements
to advise or otherwise represent the interests of a constituent
(whether a company or an individual). I recognise that this is
not an easy area for the Committee to seek to regulate, not least
because of the position of Members who, for example, hold a directorship
in a local company. It would therefore be helpful if the Committee,
in addressing Mr Hamilton's response to paras 838 to 890 and finding
(x) on page 130 of the Report, were to consider producing more
detailed guidance for Members on this point. I do not, however,
accept the comments made by Mr Hamilton in para 164. It seems
to me that a Member's duty to his constituency is paramount and
that accordingly a conflict of interest in his relations with
different constituents is much more undesirable than an equivalent
conflict involving a constituent and a non-constituent. Mr Hamilton's
comments in para 167 misinterpret my views and are irrelevant.
Response: paras 168 to
170
No new points are raised
here. I believe that Mr Hamilton's description of the status
of his representations to Ministers was, at the very least, disingenuous.
Response: paras 171 to
181
No new points are raised
in Mr Hamilton's conclusions. I note, however, that in para 173
Mr Hamilton for the first time concedes that his stay at the Ritz
could be seen as a reward (although indirect) for his lobbying
on behalf of Mr Al Fayed.
24 July 1997
16 Memoranda
of Evidence, HC (1997-98) 30-IV, pp.vi-xxviii. Back
17 Emphasis
added. Back
18 the
second paragraph with this number (the numbers 150 and 151 have
been used twice) Back
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