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Monday, March 8, 1999 Published at 12:16 GMT


UK Politics

Hamilton libel 'would undermine Parliament'

Neil Hamilton with his wife during their doomed election campaign

Appeal judges have heard that former Conservative MP Neil Hamilton's attempt to bring a libel action against tycoon Mohamed al-Fayed would undermine Parliament.

The start of the case marks the latest development in the cash-for-questions affair, which cost Mr Hamilton his Tatton constituency and helped Labour soar to power at the 1997 general election.

An inquiry headed by Parliamentary Commissioner Sir Gordon Downey ruled evidence "points compellingly to the conclusion that Mr Hamilton accepted cash payments from Mr al-Fayed in return for lobbying services".


[ image: Mohamed al-Fayed: Alleged Hamilton took cash and gifts]
Mohamed al-Fayed: Alleged Hamilton took cash and gifts
Mr Hamilton is now seeking to bring a defamation action against the Harrods boss after Mr al-Fayed repeated his allegation in a television programme.

George Carman QC, representing Mr al-Fayed in the hearing to determine whether the libel case can proceed, said it "raises serious constitutional questions".

Attorney General John Morris and Speaker of the House of Commons Betty Boothroyd have ordered Parliament should be represented hearing.

Mr Carman asked the three appeal judges: "Can a former Member of Parliament bring a libel action which would seek to set aside findings about his conduct which have been made by the Parliamentary Commissioner for Standards?"

High Court judge Mr Justice Popplewell ruled last year it was doubtful whether a court would have found Mr Hamilton guilty of taking cash from Mr al-Fayed.


[ image: Sir Gordon Downey: His report found
Sir Gordon Downey: His report found "compelling evidence" to support al-Fayed's claim
He ruled the appeal should be allowed to go ahead and would not affect the earlier parliamentary ruling.

But Mr Carman said any libel case would "necessarily involved questioning proceedings in Parliament in clear contravention of Article 9 of the Bill of Rights whereby such proceedings are not to be questioned in any court".

This would be tantamount to an "attack on Parliament's own investigation into Mr Hamilton when he was a member of the House".

The former MP is suing over claims repeated by Mr al-Fayed on a Channel 4 Dispatches programme in January 1997 that Mr Hamilton accepted free shopping, gift vouchers, a holiday at the Paris Ritz owned by Mr al-Fayed and money in return for tabling questions in the House of Commons.



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