At this preliminary stage the intention is to convene a legal conference before the end of the month and go through the issues and examine the possible approaches including the establishment of a vehicle with a legally qualified advisory committee.
Guido is keenly aware of potential hurdles and risks. Surely the Attorney General will not be able to argue that the public interest is best served by turning a blind eye to what was manifestly an attempt to circumvent the Political Parties, Elections and Referendums Act 2000 Act? How will the public interest be harmed by testing in a court before a jury the legality of the Loans for Lordships scheme?
One example will give you a flavour of the Loans for Lordships scheme – Gulam Noon has publicly stated that he made a £250,000 donation to the Labour party, which he correctly submitted (via Downing Street) on his vetting papers for the House of Lords Appointments Commission. Two days later on October 5, 2005 Lord Levy, Gulam Noon reportedly claims, telephoned him and referred to the £250,000 donation as a “loan” which need not be disclosed on his vetting papers. The Levy-intercepted and revised vetting papers were submitted to the House of Lords Appointments Commission, now without mention of the £250,000 “loan” / donation. When the Commission independently discovered the existence of the “loan” / donation they blocked the peerage – as presumably Lord Levy knew they would – why else would he intervene in the process? What was the Labour party’s chief fundraiser doing intervening in the honours process anyway? Prima facie there is a case to answer. If the CPS won’t bring it, they should at least not attempt to block others from doing so.
UPDATE : The first target of one hundred people making pledges of financial support for a private prosecution has been met in less than 24 hours.