Attorney General to set up inquiry as Hain denies misleading probe
By Chris Thornton and Mark Hookham
21 November 2006
The Attorney General agreed last night to set up a cover-up inquiry to look into Peter Hain’s handling of a High Court case.
Lord Goldsmith said he will announce the leader of the inquiry at a later date.
Mr Hain promised full co-operation with the investigation, while insisting that he and his officials did not try to mislead a probe into the appointment of the Victims Commissioner.
Pressure for an inquiry grew yesterday when Mr Justice Girvan referred the matter to Lord Goldsmith - posing 67 questions about the conduct and knowledge of the Secretary of State and senior civil servants.
The judge said there could have been an attempt to pervert the course of justice and said his questions “must be addressed in a rigorous and searching investigation”.
Two weeks ago the judge found that the appointment of Bertha McDougall as the Interim Victims Commissioner had been an improper political concession to the DUP.
But he also called for an inquiry into whether there had been an NIO cover-up of the appointment.
The judge found that the NIO had provided misleading information to the court about the DUP’s role in the appointment.
At least one contentious item - a statement by civil service head Nigel Hamilton - had been approved by Mr Hain before it was sent to court.
After the judge’s call there was no immediate Government action, apart from a Cabinet Office statement saying that it would be up to Mr Hain to decide if there should be an inquiry.
But in another hearing yesterday, the judge returned to the matter and said he was referring the case to Attorney General Lord Goldsmith.
“The papers and manner in which the respondent met the legal challenge raised serious issues as to whether there was an attempt to allow the court to be misled as to the true factual and legal situation,” he said.
Mr Hain was stung into a response.
“I absolutely reject any suggestion that there was a deliberate attempt to mislead the court in relation to the appointment of Bertha McDougall as the Interim Victims Commissioner,” he said.
He said the inquiry “will receive our full co-operation”.
Conservative spokesman David Lidington said the Attorney General - who, like Peter Hain, attends cabinet meetings - should appoint either a retired judge or a senior lawyer to act as an independent investigator.
Mr Lidington said such a report must be made public and that Lord Goldsmith should wrap up the inquiry by Christmas.
The Conservatives yesterday sought to table three Commons written questions about the affair.
The first asks the Secretary of State to directly respond to yesterday’s judgment.
The second asks the solicitor general, Mike O’Brien, to reveal the terms of reference for the inquiry, the membership of the inquiry team, the time scale of the probe and whether the findings will be made public.
The third asks Prime Minister whether he was consulted over Ms McDougall’s appointment.
In a separate development, Plaid Cymru, the Welsh nationalists, last night threatened to make a complaint to the Commissioner for Public Appointments if Lord Goldsmith’s inquiry is not dealt with urgently.
Plaid’s parliamentary leader Elfyn Llwyd said: “If we find in four weeks time that nothing has happened then we will refer it to the Commissioner for Public Appointments.”

