Examination of Witness (Questions 267-279)
Mr George Galloway
24 February 2005
Ms Alda Barry, the Registrar of Members Interests,
was also present.
Q267 Sir Philip Mawer:
I guess both of us are relieved to get to this point given
Mr Galloway:the
prolonged correspondence.
Q268 Sir Philip Mawer:the
prolonged correspondence and the long delay imposed by the legal
proceedings. I sent you a letter which you will have received
before the meeting, I hope?
Mr Galloway:
Yes, I got it yesterday.
Q269 Sir Philip Mawer:sketching
out the areas that I had hoped we could cover. I realise that
a good deal of it will be repetitive as far as you are concerned
but I hope you will understand that my inquiry is distinct in
its own right, and although obviously I make reference to other
documents and so on which are available to me, I want the record
here to be reasonably selfcontained and therefore I want
you to get your story on the record with me, so it may involve
some repetition for you.
Mr Galloway: Okay.
Q270 Sir Philip Mawer:
That is the Andrew Yale complaint[14]
[same handed] which you have just been handed a copy of
Mr Galloway:
Does that really count as a complaint? It is like a poison pen
letter, it is like something you would chalk up on a toilet wall.
Q271 Sir Philip Mawer:
I do not think it is a poison pen letter. I felt obliged to regard
it as a complaint not least because it arrived shortly after or
around the same time as the one from Mr Robathan[15]
and I thought that I should make both of them available to you.
Mr Galloway:
I am sorry to raise a querulous note right at the beginning but
"Mr Galloway has not been open about travel, hotel expenses
and put up blocks in the way of Parliament"; is that really
worthy of your consideration?
Q272 Sir Philip Mawer:
What he is saying, is he not, is that he believes it is
my job. He goes on, Parliament's reputation is being hurt and
the truth is I think that is
Mr Galloway:I
want to formally record my view that that is beneath the dignity
of both your office and mine to reply to. We have got substantive
issues to discuss but I just want to make that clear.
Q273 Sir Philip Mawer:
Exactly, it is the substantive issues that are the important thing
and I took Mr Yale's letter to refer to those, but your comments
are certainly noted for the record.
Mr Galloway:
Any Member of Parliament could have a letter like that written
about them on any day of the week.
Q274 Sir Philip Mawer:
Clearly on its own it would not suffice but against the background
of the other material, and it is that material that we are here
to discuss.
Mr Galloway:
Sure.
Q275 Sir Philip Mawer:
My object, as I said a moment ago, is to try to get at the truth
of what happened and in that context I want to make clear to you
that you have used in correspondence a number of times the phrase
that you are "required to prove your innocence." That
is not so. What you are required to do is to give me a full and
frank account of the facts relating to the matters alleged in
relation to the Daily Telegraph articles,[16]
and to do so frankly in order to enable me to reach some kind
of judgment on the veracity or otherwise of the allegations that
have been made against you. You are certainly not required to
prove your innocence. We will of course make sure that you are
shown the transcript of today's conversation in draft and you
will have an opportunity therefore to check it for accuracy.
Are there any queries you want to raise about process or are you
happy to get into the substance?
Mr Galloway:
I would like to make a couple of comments about process, if I
may. I did several times in correspondence state, and I maintain,
that there is an element of my being asked to prove my innocence
because this complaint is based upon the Daily Telegraph
articles. The Daily Telegraph themselves did not contend
that the articles were true. They did not produce any evidence
that the articles were true and they were resoundingly thrashed
judicially by the Judge in the High Court. Now I am asked, if
you will allow me to put it this way, to go through all this again,
and I find that very hard to bear. My second point about process
is more historic and I have also referred to this in correspondence.
I have been across this course before. I have no confidence
in this system that we have and I have never had any even before
I myself was a victim of it. The idea that a politicised tribunal
comprising Members of Parliament of different political parties
can reach judgments fairly about the conduct of each other seems
to me wholly implausible, either for one reason or another. Either
because they will be too chummy and too clublike and will
not properly judge their own or where the Member of Parliament
is an unpopular one, they will express themselves in a way which
cannot be separated from their political bias. I myself have
been a victim of this. I was the subject of a previous complaint
[17]which
was deliberately kept in play by the political majority on the
Committee because it balanced, they thoughtand I have since
spoken to members of the Committee and I am telling you candidly
what they told meproceedings that were being taken against
Mr Neil Hamilton and others at the same time and the members of
the then majority wanted to keep a Labour Member of Parliament
in the frame at the same time. The complaint was thrown out but
it lasted a year. I am absolutely clear in my mind that as a
oneperson parliamentary band involved in a very high profile
general election constituency campaign in a matter of weeks from
now that the people to decide whether or not an inquiry is kept
going about me should not be political opponents; and they are.
My political opponents are sitting in judgment on me in this
system and I have no confidence in it. I have deliberately not
looked at the membership of your Committee. I swear to you.
I know that George Young is the Chairman but I do not know any
other member of the Committee so I am not making any personal
reference to any individual member. It is the system that I think
is deeply flawed and the Whips have already been caught redhanded
in the past being involved in guiding members of your Committee
in how to conduct themselves, on both sides of the political divide.
Labour Whips and Conservative Whips were caught redhanded
in politicking around this Committee and the way that it does
its business. Lastly, this is the first time I have ever met
you and I have no axe to grind with you at all, but I do know
what happened to your predecessor when she displeased the political
majority that ran the Committee and I think that is a third reason,
another reason, why the system that Parliament has of investigating
complaints against Members of Parliament is deeply flawed. It
is politicised and it is deeply flawed. These are my views.
I have expressed them to you in many different ways in correspondence
and it is only fair I do so now verbally.
Q276 Sir Philip Mawer:
You are entitled to your view. All I want to say in response
is this: firstly, that I am my own man and I respond to no political
impetus or pressure one way or the other. Secondly, as regards
the Committee, its members will no doubt note your remarks. The
system has of course changed and been strengthened in a number
of respects since the earlier experience that you referred to.
For example, the membership of the Committee is now evenly balanced
between Government and opposition. Thirdly, there is one point
I really do need to respond to and that is the first point you
made in relation to the Daily Telegraph and your concern
that you are being subjected to yet another inquiry into these
matters following the libel action. Two points about the libel
action. One, my understanding of the Daily Telegraph's
defence in that action was that they did not seek to justify publication
on the grounds of the accuracy of the documents and similarly
the judge in his judgment, which I have read and you have heard,
made very clear that his judgment did not relate to the truth
or otherwise of the allegations in the documents; it was to do
very much with the way in which the Daily Telegraph had
conducted itself and specifically in relation to its obligations
in relation to you and the law of libel. It was very much to
do with the way in which the Telegraph published the information.
So the truth or otherwise of the material in the documents discovered
by the Daily Telegraph was not addressed by the libel action
and was certainly not settled by the judgment and the judge made
that very clear at the time. That is why it is the facts, it
is the truth or otherwise of the issues which I am concerned about.
The libel action dealt with the libel aspects.
Mr Galloway:
I do not accept that. It was open to the Telegraph to
produce evidence about the veracity of the material in the documents
and they did not do so. If they had been able to do, believe
me, they would have done so. I think anyone could see that.
If they had any evidence that the material in these documents[18]and
we will come back to the documents many times in the discussionwas
accurate ("true" is the word I prefer to use) then they
would have brought it forward. They did not because they could
not because they have not. They have not published or brought
forward in any judicial proceedings any evidence that what was
in these documents was true. In the absence of that and in the
absence of Mr Andrew Yale or Mr Andrew Robathan producing any
evidence, my view is that you should throw this question out.
Until someone brings you evidence that what was written on a
piece of paper has some validity, has some truth, you should not
be investigating it. That is my point of view. There is no point
in us bogging each other down on this. In relation to the other
points that you raise I really must make this pointand
I have done it in writingeverything that you have done
in relation to this case has been leaked to the media and I am
presuming by members of your Committee because I would not impugn
the integrity of your staff and I am not impugning your integrity.
I am not assuming that you leaked it or your staff leaked it
but everything has been leaked to the media, which is precisely
the politicisation, the politicking that I am referring to. You
cannot dispute that. I was informed of the very existence of
this investigation via a telephone call from the BBC while you
were still in the corridor walking back from Parliament back to
your office so it cannot be gainsaid that this has been politicised,
presumably by members of your Committee. I have got no confidence
that they are going to lose that habit seven weeks or so before
a general election. So that is my tuppence worth.
Q277 Sir Philip Mawer:
You have got that on the record. I can assure you that there
is no question and you have accepted I think
Mr Galloway:I
do.
Q278 Sir Philip Mawer:there
is no question of this office having leaked any of these matters.
Mr Galloway:
I accept that absolutely.
Q279 Sir Philip Mawer:
On the Telegraph libel action we will have to agree to
differ because I think on my side of the equation I have the Judge
in the sense of his understanding through his judgment of the
impact.
Mr Galloway:
It is not my reading of the judgment, but anyway. You did want
to know about the appeal.
14 Volume II, WE 3. Back
15
Volume II, WE 2. Back
16
Volume II, WE 1 and 4-8. Back
17
Committee on Standards and Privileges, Second Report of Session
1997-98, HC 179. Back
18
Volume II, WE 1 and 4-8. Back
|