Andrew Tyrie asked some sharp questions of the Lord Chancellor back in April when he was giving evidence to the Constitutional Affairs Select Committee. Fatty Falconer seemed to think the Attorney General should step aside and not interfere:
Mr Tyrie: Could I ask a number of detailed questions about your understanding of the Honours Act, another piece of legislation that was put on the statute book at around the same time. For example, can you give the public an assurance that the Attorney General will not interfere in any way with the conclusions of the DPP and that the DPP would be permitted, were there to be something brought to him, to take any decisions for prosecution wholly independent of the Attorney General?
Lord Falconer of Thoroton: Of course. It is a matter for the DPP and the Crown Prosecution Service to make decisions in relation to this in the normal way and, of course, the Attorney General would not interfere in the normal course of decisions being made.
Mr Tyrie: I am glad you are able to give that assurance. Do you know of any bar to the bringing of a private prosecution under the Honours Act?
Lord Falconer of Thoroton: None that I am aware of.
Guido was unaware that it is possible to bring a private prosecution…
