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Correspondence with Linklaters 2014‐16

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Correspondence with Linklaters 2014‐16 CORRESPONDENCE WITH LINKLATERS 2014‐16 Letter from the Acting Clerk of the Committee of Privileges to Mike Darcey, CEO, News UK and Ireland Limited, 12/12/2014 Letter from Linklaters to the Acting Clerk of the Committee of Privileges, 22/12/2014 Letter from the Clerk of the Committee of Privileges to Linklaters, 23/12/2014 Letter from the Clerk of the Committee of Privileges to Linklaters, 19/01/2015 Letter from the Clerk of the Committee of Privileges to Linklaters, 12/02/2015 Letter from Linklaters to the Clerk of the Committee of Privileges, 13/02/2015 Letter from the Clerk of the Committee of Privileges to Linklaters, 23/03/2015 Letter from the Clerk of the Committee of Privileges to Linklaters, 24/02/2016 Letter from the Clerk of the Committee of Privileges to Linklaters, 9/03/2016 Letter from Linklaters to the Clerk of the Committee of Privileges, 15/03/2016 Letter from the Clerk of the Committee of Privileges to Linklaters, 16/03/2016 Letter from Linklaters to the Clerk of the Committee of Privileges, 17/03/2016 Letter from the Clerk of the Committee of Privileges to Linklaters, 23/03/2016 Letter from Linklaters to the Clerk of the Committee of Privileges, 24/03/2016 Letter from Linklaters to the Clerk of the Committee of Privileges, 8/04/ 2016 Letter from the Clerk of the Committee of Privileges to Linklaters, 12/04/2016 Letter from Linklaters to the Clerk of the Committee of Privileges and submission on behalf of News UK and Ireland Limited, 18/04/2016 Letter from the Clerk of the Committee of Privileges to Linklaters, 30/06/2016 Letter from Linklaters to the Clerk of the Committee of Privileges, 14/07/2016 Letter from the Clerk of the Committee of Privileges to Linklaters, 21/07/2016 Committee of Privileges Tel 020 7219 4432 Fax 020 7219 5952 Email [email protected] Website www.parliament.uk/privileges From Alda Barry, Acting Clerk of the Committee 12 December 2014 Mike Darcey, CEO News UK & Ireland Ltd 1 London Bridge Street London SE1 9GF You will be aware that the Committee of Privileges had opened, and suspended, an inquiry into the allegations that the Culture, Media and Sport Committee was misled, as set out in its Eleventh Report of 2010‐12. One of the inquiry subjects was News UK and Ireland Limited, of which you are now Chief Executive Officer. I enclose the evidence received so far in the Committee’s inquiry. The Committee will write to your company shortly, setting out the key points from that evidence, the evidence given to the Culture, Media and Sport Committee, and other evidence in the public domain, particularly that given to the Leveson inquiry, and will invite News UK & Ireland Limited’s comments thereon. The Committee will then, as set out in the previously published procedure, warn your company of any criticisms it is minded to make, and give it a further opportunity to comment. After a preliminary review of the evidence, the Committee is of the view that it is likely to be content to consider the matter on the basis of written material. However, inquiry subjects have the right to request oral hearings if they wish, and the Committee has provisionally set aside the afternoon of Monday 26 January and the morning of Tuesday 27 January for such hearings. These dates will be confirmed in January. To assist us with planning, I would be grateful if you could indicate by 12pm on Monday 5 January 2015 whether or not you expect News UK & Ireland Limited to take the opportunity to make oral submissions in January. Alda Barry Acting Clerk of the Committee of Privileges Linklaters Li nklaters LLP One Silk Street London EC2Y BHQ Telephone (+44) 20 7456 2000 Facsimile (+44) 20 7456 2222 Alda Barry Acting Clerk of the Committeee of Privileges House of Commons London SW1AOAA 22 December 2014 Our Ref Dear Alda Barry Thank you for your letter dated 12 December 2014 to Mike Darcey, CEO of News UK and Ireland Ltd{"the Company''}, concern!~ !~eJr:!9uiry by the Committee of Privileges into allegations that the Culture, Media and Sport Committee was misled. We act on behalf of the Management and Standards Committee of the Company, which is responsible for addressing these matters. Your letter 1 Informs the Company that you will shortly be inviting the Company's comments on evidence received, after which the Committee will warn the Company of any criticisms of it which the Committee is minded to make, and will give the Company a further opportunity to comment. 2 Invites the Company to indicate whether it wishes to make oral representations. The Committee may not know that the Metropolitan Police are considering alleged criminal conduct by News Group Newspapers ("NGN"} (a wholly owned subsidiary of the Company) in relation to phone hacking. A series of questions has been put by the Metropolitan Police to NGN concerning such alleged corporate liability, and NGN has been invited to attend an interview in February 2015. The central issue in relation to whether criminal charges should be brought against NGN alleging corporate liability will be the relevant law and the relevant facts (in the context of this newspaper group) as to the "controlling mind". Any response by the Company to the evidence relevant to this Committee's inquiry would need to address the same, or very similar, issues of the relevant law and the relevant facts as to the controlling mind in the context of this newspaper group. In these circumstances, the Company has been advised by Lord Pannick QC and by us that for it to respond substantively to the evidence you have obtained would create a substantial risk that the course of justice in This communication is confidential and may be privileged or otherwise protected by work product immunity. Linklaters LLP is a limited liability partnership registered in England and Wales with registered number OC326345. It is a law firm authorised and regulated by the Solicitors Regulation Authority. The term partner in relation to Linklaters LLP is used to refer to a memb_er of Linklaters L LP or an employee or consultant of Linklaters LLP or any of its affiliated firms or entitles with equivalent standing and qualifications. A list of the names of the members of Linklaters LLP together with a list or those non-members who are designated as partners and their professional qualifications is open to inspection at its registered office. One Silk Street, London EC2Y 8HQ or on www.linklaters.com and such persons are either solicitors, registered foreign lawyers or European lawyers. Please refer to www.linklaters.com/regulation for important information on our regulatory position. A1 9209342 Linklaters these contemplated criminal proceedings for alleged corporate responsibility would be seriously impeded or prejudiced. Furthermore, any report by your Committee which addresses questions of corporate responsibility in the context of this newspaper group would, until the possible criminal proceedings are abandoned or concluded, also create a substantial risk that the course of justice in these contemplated criminal proceedings would be seriously impeded or prejudiced. Although Parliamentary privilege would of course apply to the Company and to the Committee in relation to the conduct of the Inquiry, we are sure that the Committee will, on reflection, agree that the Committee should do nothing which would create a substantial risk that the course of justice in these contemplated criminal proceedings would be seriously impeded or prejudiced. As the Committee's approach to date has already shown, the Committee will not wish to take any steps which may well prevent a fair trial of any criminal charges alleging corporate liability. Nor will the Committee wish to cause unfairness to the Company by making criticisms, either of the Company or its former employees, in a Report which the Company has not had a fair opportunity to answer because of the constraints imposed by the contemplated criminal proceedings. We are confident that if the Committee were to seek its own legal advice, it would be to the same effect as set out above. We would be grateful if you would please inform us whether the Committee has sought the advice of the Director of Public Prosecutions, or other legal advice, on this matter. For these reasons: (a) The Company asks the Committee to recognise that ii would be inappropriate for the Committee to proceed, at this lime, with any investigation and report into matters of corporate responsibility by the Company in relation to allegations that the Culture, Media and Sport Committee was misled. (b) The Company declines the offer to make oral representations. Yours faithfully {,~ Linklaters LLP A19209342 Page 2 of2 Committee of Privileges Tel 020 7219 4432 Fax 020 7219 5952 Email samsone@parliament. uk Website www.parliament.uk/privileges From Eve Samson, Clerk of the Committee 23 December 2014 Linklaters LLP One Silk Street London EC2Y 8HQ ~r1r(~I The Committee of Privileges has reopened its Inquiry into the matter of privilege referred to it on 22"d May 2012, relating to allegations that .the Culture, Media and Sport Committee was misled. This has not been publicly announced, and I would be grateful ifyou could regard the information as confidential at this stage. The Committee Chair has asked me to write to you to request the following further information, which will assist the Committee in its Inquiry: 1. In 2011 you told the Culture, Media and Sport Committee (Ev 263, your letter.dated 1 December 2011), that you were not in a position to tell the Committee who had commissioned the surveillance undertaken by Derek Webb of Mr Tom Watson MP between 28 September and 2 October 2009.
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