Francis Elliott, Chief Political Correspondent
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Lord Goldsmith, QC, was under pressure last night to explain his role in the decision to withhold information from an international anti-bribery watchdog investigating the al-Yamamah arms deal.
The Attorney-General firmly denied yesterday that he had ordered the Serious Fraud Office (SFO) to conceal details of £1 billion in secret payments that were allegedly made to a Saudi prince by BAE Systems with the full knowledge of the Ministry of Defence.
The Times has learnt that Lord Goldsmith was represented at a Whitehall meeting at which talks were held on what to reveal to the Organisation for Economic Cooperation and Development (OECD). The SFO’s head insisted that he had decided what to conceal with “regard to the need to protect national security” but a spokesman refused to say whether he was acting on advice from the Attorney-General.
Lord Goldsmith went on the offensive after reports that he had ordered British investigators to withhold from the OECD information on payments and told colleagues that “government complicity” would be revealed if the investigation was allowed to continue.
“It is absolutely untrue that I ordered investigators to conceal payments from the OECD,” he told the BBC Radio 4 Todayprogramme. “It is categorically denied.”
He received support later from Robert Wardle, SFO director. “The decision as to what information should be given to the OECD about the investigation was made by the SFO. The information provided by the SFO was as full as possible, having regard to the need to protect national security.”
But the SFO later conceded that Lord Goldsmith had been represented a a meeting at which the matter was discussed alongside officials from the Ministry of Defence and the Foreign Office in around March this year. “It is for the Attorney-General to say whether or not he considers he gave advice on this matter,” a spokesman said.
Sir Menzies Campbell, the Liberal Democrat leader, said: “There is now growing pressure on the Attorney-General to explain precisely what role he has played in the decision to withhold information from the OECD.
“Either the SFO decided alone – quite improperly – what was in our national interest or it received instructions from the Government.”
The OECD began looking at the deal after an investigation by the SFO was suddenly halted last year after Tony Blair gave warning that the Saudis were threatening to break off intelligence and security cooperation and could pull out of a defence deal on which thousands of jobs depended.
Mr Blair is refusing to reopen the investigation despite new allegations that huge bribes were paid as part of the £40 billion deal between Saudi Arabia and BAE Systems.
Prince Bandar of Saudi Arabia denies receiving improper payments. He said that the payments – said to be up to £120 million a year – were properly made to the Saudi Ministry of Defence and Aviation under the terms of the deal.
The al-Yamamah agreement to supply the Saudis with more than 100 Tornado and Hawk warplanes was agreed by Margaret Thatcher’s Conservative Government in 1985.
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The precedent employed on BAe was Shawcross, according to Powell himself.
If you look into that precedent it states that the attorney general is independent of government in making his legal decisions.
Now the attorney general claims it was nothing to do with him.
Which way is it?
You can't have it both ways Lord Goldsmith.
john , las Palmas de Gran Canaria,
It holds a great importance to dig down the matter and uncover the truth. Public believes that Governments & BAE should perform ethically and refrain using such tactics if they are concealing the information. Media has full right to interact & present the reality to every concerned person.
Ehsan Mian, Glasgow, UK
Saudi Arabia's oil is owned by its royal family because of a legal construct imported from the UK - the idea that ultimately all land belongs to the monarch. It was a convenient ruse because it meant it was very easy to identify with whom the Western powers should make agreements.
Is it so surprising, then, that the al-Saud should continue to treat state coffers as their own money? Most of that country's economic activity still derives from oil in one way or another!
matt, London,
I was rather appalled to see Blair, with Bush at his side, roar with laughter when asked about payments to Saudi Princes. Blair seemed to imply that as PM he is permitted by our flexible legal system to overrule all difficult or embarrassing political cases which in normal circumstances would be subject to police action. In many countries, decisions of this sort imply large quid pro quo rewards will be paid later to those who make decisions in favour of special interest groups. In many countries this is seen as corruption, but in Britian it appears to be part of the British way of doing things. Blair these days must have a lot secret friends in high places to whom he can turn once out of office.
Brian Lewis, Manila, Philippines
Do I believe that AG is telling the truth ?. NO I don't and I think that he has only got himself to blame for the fact that many people do not believe him. Perhaps this again highlights the lack of independence of the AG from the Government and of his being manipulated by them in order to cover up.
Sergei, London, UK