News Desk

In what has become a highly charged political issue the new head of the Met Sir John Stephenson and Assistant Commissioner John Yates have decided to not proceed with any criminal investigation into the possibly misconduct of members of the House of Lords.

MPS STATEMENT:

"The decision whether or not to investigate any allegations made remains within the operational remit of the police. We, the police, have discretion whether or not to investigate possible offences (see R -v- Commissioner of Police for the Metropolis, ex-parte Blackburn [1968] 2 QB 118.) In exercising that discretion Chief Officers are entitled to consider the best use of their resources and the prospects of obtaining evidence when deciding whether or not to launch an investigation.

We have now undertaken a review of the material currently available in this case, which includes the original Sunday Times article, dated 25th January 2009 and, helpfully, material subsequently provided to us by that newspaper. In particular, we have carefully examined the position of Lord Taylor and Lord Truscott in the context of a possible investigation for the common law offence of bribery. We have also considered possible offences of misconduct in public office. In addition, we have sought and obtained written legal advice from the Crown Prosecution Service.

We have met recently with Baroness Royall of Blaisdon, the Leader of the House, to discuss these matters. The internal governance arrangements of the House, under the Sub-Committee on Lords' Interests, has already begun a preliminary examination into these cases and have announced their intention to deal robustly with any adverse findings against members. There is therefore in place an internal governance structure able to deal with any findings against the Code of Conduct.

In summary, the application of the criminal law to members of the House of Lords in the circumstances that have arisen here is far from clear. In addition, there are very clear difficulties in gathering and adducing evidence in these circumstances in the context of Parliamentary Privilege.

These factors, when set alongside the preliminary examination, lead us to the decision that the Metropolitan Police will not undertake a criminal inquiry into any of the allegations raised. Should any further evidence or information come to light then clearly we will be under a duty to review this decision.

The final decision was made by Assistant Commissioner John Yates."