Escolar Documentos
Profissional Documentos
Cultura Documentos
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CABINET OFFICE
Introduction
3. Lord Ashcroft's statement of 1 March said that there was a dialogue with the
Government subsequent to the memorandum he gave to Mr William Hague on
23 March 2000. Lord Ashcroft stated:
"In subsequent dialogue with the Government, it. was officially confirmed
that the interpretation in the first undertaking ['a clear and unequivocal
assurance that I have decided to take up permanent residence in the UK
again before the end of the calendar year'] of the words 'permanent
residence' was to be that of 'a long term resident' of the UK".
Page 1 of5
Scrutiny Committee that the assurances given by Mr Ashcroft at the time of
his announcement as Working Peer on 31 March were being put into practice.
Those Involved
Sir Hayden Phillips, Clerk to the Crown in Chancery was responsible for the
Crown Office. In turn, this is responsible for arranging the issue of Letters
Patent to an individual appointed to the House of Lords. The Queen issues
Letters Patent on the advice of Ministers, acting under her Royal Prerogative.
(Letters Patent, issued by'the office of the Clerk of the Crown, are the means
by which a Peerage is formally conferred. The new Peer is enabled to take
his seat in the House of Lords by virtue of a Writ of Summons, the issue of
which follows immediately after the issue of the Letters Patent and the
documents invariable bear the same date.)
Rt Hon James Arbuthnot MP, then Opposition Chief Whip, who was acting
as an interlocutor with the then Mr Ashcroft.
Cabinet Office
17 March 2010
Page 2 of5
Annex A
Document B: Letter of 23 March 2000 from the Prime Minster to the then
Leader of the Conservative Party
Document 0: Letter of 27 March 2000 from the PHSC to the Prime Minister
Document G: Letter of 13 June 2000 and attachment from Sir Hayden Phillips
to Gay Catto, Secretary of the Political Honours Scrutiny Committee.
Document H: Letter of 22 June 2000 from Gay Catto to Sir Hayden Phillips.
Document I: Letter of 29 June 2000 from Sir Hayden Phillips to Gay Catto,
(with attachments J-L below):
Document L: Letter of 23 May 1999 from the then Leader of the Opposition
(Mr Hague) to the Prime Minister
Document N: Letter of 12 July 2000 from Gay Catto to Sir Hayden Phillips.
Page 3 of5
Document P: Letter of 12 July 2000 from Mr Arbuthnot to Sir Hayden Phillips.
Document Q: Letter of 13 July 2000 from Sir Hayden Phillips to Gay Catto.
Page 40f5
Annex B
The Political Honours Scrutiny Committee was a committee of the Privy Council,
whose members were all Privy Councillors, instituted in 1923, in accordance with
the recommendations of the Royal Commission on Honours, under an Order of
the Privy Council. The Committee was required to "make such enquiry as it
thought fit about those whom the Prime Minister proposed to recommend for an
honour on account of political services, including political peerages, and report
whether they were fit and proper persons to be recommended". The Committee
did not initiate recommendations or select them. The duty was that of scrutiny.
Members were appointed by the Prime Minister.
The Committee's functions were taken over by the House of Lords Appointments
Commission in 2005.
Page 5 of5
:.,\
'••' PERSONAL AND
HEHTHICTED . HONOlIHS
1 Thl l'!1dirl1lrln of tll(' PllSe hulds ruml)' to lilt \l(,\~, l',X1J1 \~:-.nl dhll I
1It'III've Iw Nu 10. that lhe logIC of their declslon IS
( lltlll! II<' beco!lles so resident Ihere is no lll"gl'rl<'\' 111 (1)(' ISSl/t' .,f
].\'[I('l s Pilll'[ji HlId it \Vnl (If Surnrnol\s !lHit't'd til ,l!ltl'.~· it 1>('('1 C\~~( IliI"
I" Ir I ii' /' ',("'111~ rCd"{illdhlt" nut to t'XP"\ ( II'll' IS'>IIl' »1 IXi\('1 c. 11,1" II'
Iw \'.1,1"1\ ." i 'it I '. I \ ( , ,j fr, 1111 t I il' Is ') II (' ," ,I IN II ( ," ~:', U I II II I q I'" til \ i \i II i'l I I
I,,!1 !l!, \)III\I! ill', t'!ll'( k('d Ir'/ f'I' 11,;1 Itll ii: .!t ..
PERSON A L A Nil
H [':STR I{'Tl-~1l HONOt In",
RESTRICTED, HONOURS
very shott
\V()I kllig 1\'(,1 s :,llppOI [ tllis, with L('tt(~I'S (lntell! ,\,( ')
gaps 11l'1\\'ct'1I
tIll' Illtl'Oc!uclioll to Ihe I{ouse, Now the ('OIH'l:pt of (I Worl<ing Peer h,l's"
bClIJlJle Illllell f1l'lIler, with the loss of hcreditflly Membl:rs, the rationale for
a close t l(' seem s 10 Ill; st rengt hened
\··-f
I,....
\ .
ANTHONY MERIFIELD
PERSONAL AND
RESTRICTED HONOURS
( '.
10 DOWNING STREET
LONDON SWlA 2M
AJVvt ~
~
The Right Honourable William Hague MP
WHIts
2)
, March 7.000
Followmg our telephone conversatlOn eallier this evening I was pleased to leanl
fTom Jonathan Powell's conversatIon wIth my PPS, John WhittmgdaJe MP, that
you do not object to tbe recorrunendatlOn of a peerage \0 Michael Ashcroft
I am happy to give the assurance In the terms sought by the Conunlttee and
enclose a memo I have tonIght receIved from Michael Ashcroft. 1 am,
therefore, as requested by Oeorge Thomson, sendmg this directly to you and
would ask that you pass it on to the Commlttee Wllhout delay so that they can
formalise thea approval.
From
I herelJy give you my clear and unequivocal assurance that I have decided to take up
permanent residence in the UK again before the end of this calendar year I have given
my advisers Instructions to make arrangement (0 give eFfect to this decIsion and I will
instruct them forthwith to do so WlttH() this cale",dar year
I hereby firmly agree tnat I will not seek to be Introduced to the House of l.ords until
have taken up residency In the United Kingdom within the "mescale above mentioned
I will also Immediately resign as the Belize representatIve to the United Nations that
reSignation to take effect before 31 ~I March this year
//1 At?
~.
Slgr'lature Witnessed by
27 March 2000
We have now considered the letter of 23 Man:h 2000, from the LeadeJ of the
Conservative Party, enclosing an affidavit from Mr Ashcroft.
We would hope that th~ Press Notice announcing the Working Peers
Appointments could include a note on the following lines:
Yours sincerely,
.,,
,.
The official site of the Prime Min ister's ()ffice
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assurance thill Ill' wi \I lake up permanent rl'sidellce in Ihl' I Jnilcd K ingdolll again hcj()ll'
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lhl' elld or Ihe l'alelldm yca!. I k WilUld he introduced illto the Iiouse 01' Lords ollly aner taking lip
IhallcsitfLoJll'i.' I'hese lilldl'llakillgs have hCl'll endorsed by the I.euth.'r urlhe ('ollsl'rvillivl' Parly alld
COIl\ l'\L'd It) llie I'rilllL' r\1illislL'r - alld It, thl' I'nliticaillonours Scrutiny Committee.
SIHllL'lhis:
~dclil'i\lllS
Ddilll2
Dra~~'h\ H)k
Newsletter
Sigll lip to PUI' 1lL'\\ S Iclle!" lo ~CL'P updated with thL' Iall'st iIlll.lnnatioll ,'rom N lIlll bl'r I()
(lid hLTL' I" SUhSITilw .
flicl<r D
Lah.'st I)ho.os
III order to provide assuramT auout his ability 10 fulfil Ihe dutws of it
Working Peer Oil behalf of his Party I (in March he was still resident O\'(TSeill-;
and limited to ()O days pC?r year residence in the UK!. Mr Mich,wl Ashnof'
rUlllished us willi an undertaking that he htHI "tI(,( )(kd \0 takc' \IP
permanl'lI! n'SI<!crwl' in the lJK agalll heforc the end of tillS (a!cnd,ll \'('dl"
Ill' also Sfilcl thaI " It<'ll'l)~ flrlllly Agree that' will f10r s('('/, (Ill\' I!dlll'i) t I l III
IlllJodll( ('(I 1111(1 til( fllIUSt' or I,fllds ulItli I havl' lilkc'll 'Ill It 'iI!kl\' \ !II tilt
l '1111('</ hlll,~d(lI11 \\1111111 III!' llllll''>ldlt, cdJ')\I' rlP.'IlIIlIlICd
When appropriate, the Crown Office may wish to write to give Mr Ashcroft
some indication of the convention, practice and precedent which suggest
that it would be usual to issue Letters Patent as soon as, but not before, H
new Peer is in a position to discharge the constitutional right and duty
conveyed in the legal documents. There need be 110 delay once this stage
has been reached so that, once permanently resident in t he UK, Mr Ashcroft
may then take his place in the House to discharge the responsibilities of a
Working Peer for which he was nominated by his Party Leader,
"
~.J
ANTHONY MERlF1ELD
(Secretary, Political Honours Scrutiny Committee)
RESTRICTED HONOUHS
I{lsml( 1111
)
II () \ I " I (II I (IIi jI ~,
j\._.
\ ~ Jllllt.' )O(J()
lilly l'allll
('crclllOnial ()flil.TI
Ashley Iiollse
2 M01Kk SII!'('I
LONDON
SWil' 21H)
MICHAEL ASIICnOFT
I prvpos~ [0 send the enclosed draft leUer to James Arbutlmot MP. the Opposition Chief Whip,
who has HCll'd as lin intcnncdiary with Michacl Ashcroft, to confirm our joint understanding of Mr
Ashcwfi's positiol! jn relation to his lI11dcl1nking to the Leader orthe Opposition ill connecllon with
hb Pl'CllIgl'
()Il thl' basis of that joiut understanding, J believe J t:annot reasonably withhold my permission
1(11 the jllllcedurc leading to Ashcll.lfl'S Introduction to tile House gOiltg ahead, I would be grateful,
ho\\'c\'l:I. it yOIl "til/it.! I:onfirm Ihal Ihis is ill line Wllh the expectations of the PHSC, urgently
(';(illslIlling t!le m~lIIbers <i'Fttlc{\JlIlmittce if necessary.
\
!
JUIH' 2000
MICIIAEL ASHCROFT
You explained that Mr Ashcroft would complete Inland Revenue Form 1'86 (Arrival in the
UK) giving as his reasons for taking up residence in the l IK, the fact that he was to take lip a seat in
the House of Lords and thai his contract for services to the various companies with which he is
involved would be based in the UK His income under those contracts would, therefore, be sourced
in the UK and subject to UK tax. Mr Ashcroft does not believe that his domicile [or tax purposes is
relevant to the question of his Peerage, having undertaken to be resident in the UK. Paragraph 3. I
of the Inland Revenue's guidance "Coming to the UK" states that a person is treated as resident and
ordinarily resident if he intends to come to lhe UK to live here permanently. Mr Ashcroft has said
(hal·he will live in the UK indefinitely and will, therefore, be a long-term resident here.
I should be grateful if you could write to confinn that you agree with my understanding of the
position and that the Leader of the Opposition is satisfied that the action adequately meets the terms
of his undertaking to take up pennanent residence in the UK, If so, I shall invite Mr Ashcroft to
discuss his title with Garter King of Arms and I will set in motion the process for Letters (latent and
Introduction on a date to be agreed between him and the Crown Office
" f ;, J ,\. I \ " J1 J i t J 11 l , t J I \ .~.
Ii
( ABINE'I
OFFI('F
MICHAEL ASHCROFT
ThHnJ< Yl.lU lUI your let tel of 13 JUllC. I am SOli)' I wasn't able to g(~l back 10
you ear Iit'l .
I have now been able to consult the Political Honours Scrutiny Committee
about the dnlft letter whkh you PI'opose to send to the Opposition Chief
Whip They arc somewhat concerned that Mr Ashcroft does not apparently
propose to complete the second of the two Inland Revenue forms mentioned
in Anthuny Medfield's lettcr of 9 May to you. In their view the undertaking
given I>y Mr Ashcroft did involve domicile as well as residence as defined by
the Inlllnd Revenue. (Ann from my own, admittedly inexpert reading of
lorll18 pg6 and \)OM 1 it is hard to sec how Mr Ashcroft could avoid filling ill
the secund OIlCC he had (ompleted the first.)
GAY CAT'l'O
2..,\'fV-.,June 2000
Gay Catto
Ceremonial Office!
Ashley Housa
2 Monck Street
LONDON
SW1P 2BO
MICHAEL ASHCROFT
Thank you for your latter of 22 June. I have sought from the Opposition Chief Whip the further
clanficatlon you sought.
He has provided me with coplf3s of two letters (which I enclose), one from Richard Roscoe to
Tina Stowell and one from Lord Thomson of Monifieth to the Prime Minister. These letters show
thai Mr Ashcroft was asked to give an undertaking to take up IJ8rmanent residence In the UK. In
order to be available in the UK to exercise lhe responsIbilities of a Working Peer The
Committee's view was that availability to sit in the House of Lords was the centralls8ue and the
undertaking Mr Ashcroft was asked to give was intended to satisfy the Committee that he would
be available. As someone who Is resident and ordinarily resident for tax purposes, Mr Ashcroft will
be able to sit regularly in the House and to e)(ercisc lhe responsibilities of a Working Peer. It Is on
thai basis that Mr Arbuthnot does not believe that the quesUon of domicile Is or can be relevant to
the fulfilment of the undertaking.
In any event, my own understanding from independent enquiries to the Inland Revenue Is that
the Form DOM1 (Domicile) need not be completed until the tax return Is submitted which for the
current tax year could be as late as January 2002 While some people choose to submit OOM1 on
arrival or shortly afterwards. thEJ Inland Revehue would not require someone, who had not chosen
to complete the form, to do so prior to the completion of their tax return at the end of the talC year.
Mr Arbulhnot also pointed oul to me that other Working Peers, including. he said, Lord Paul,
are resident but non-domiciled fa! tax purposes and seem to be adequately fUlfilling their
responsibilities. He is concerned about the appearance of inequity in the treatment of Mr Ashcroft
in comparison with other non-domiciled Working Peers
In my view, what Mr Ashcroft proposes would appear \0 be sufficient to meet the undertaking
~le has given On lhe information available to me, I do not think I can reasonably continue to
withhold permission for the issue of Leiters Patent. but it IS clearly Important for all concerned that I
do not take the formal action for which I am responsible if the Committee feels I have missed a
relevant point in the agreements which were rcached I should, therefore, be grateful for their
!eadlOn and 1 am. 01 course. ready 10 meet them 10 discuss the POSition if that would be helpful
/lOUSE OF LORl)l\'
London S'VIA ()PJf!
22 March 2000
The Rema sinking may continue to provoke comment (as it did in the Lloyd's
Register on 18 February), but we must recognise that a recent report by the
Marine Accident Investigation Branch was unable to identify the cause of its
sinking or link it to the Belize Register. (Although the inspectors noted that
it was an old ship, detained twice in port State control inspections and was
flagged to a State with a poor detention record. F'urthermore they reported
that the ship was undermanned and there were questions about the
qualifications and experience of the crew. Exceptionally the Chief Inspector
of Marine Accidents had added to the Report cerlain recommendations to
assist Belize improve its safety record.)
We hope that it will be possible for you to convey these points to Mr Hague
and invite his response. If you wished to use this letter for that purpose, we
would be happy for a copy to be sent, exceptionally, to Mr Hague. But we
would expect his response to be sent directly to you.
Yours sincerely,
jr THOMSON OF MONIFIETH
(On behalf 0/ the Committee)
Rf<;STRICTl<:.ll HONOURS
IN (O~Tlf)ENCF . HONOURS
It
10 DOWNING STREET
LONDON S\ltl~ 2M
28 Marcb 2000
y,.. -(;. .
l dIll WI iling lO confirm lhe outcome of the Politk:ll Hooours ScrutlDY
COOlmittee' s ('oll5it1~ratioD of Mr Michael Achcroft. I
We propose that the press notice lI1JlouDcing the Working Peers Ust wiU
1Dclude the follOWing note: l,
• ........•..
. -
HOUSE OF COMMONS
.
-
LONDON SW1A OM
WH/ta
23 May 1999
Th.ank you for your letter about my recommendations for working lik
peerages.
with tbe lou of four Btlu.h lives. The state of the ship in terms
of~, and tile ~ nature of ~ ~ required by
the seu.an ~, ~ to be tIz subjed8 .of a report to
come Ollt in ~ N()VIm)ber, and were likely to be
scandalous. For dQ$ t--.o now was not the proper time to
make a working peer'"of someone who, though not pcmIODI1ly
involved in the state .
. of the ship, was closely connected with it.
2. Mt Ashcroft was a tax exile. It was incompatible for someone
who chose to be Ollt of the coun1rY for the mavority of the year
to be a working peer, a position that required presence in
Wemninster.
If therefore despite the points made in this letter you still feel uuab1e to
recommend his name for a workinIlife peerage, or to arrange for these
points to be put urgently to the Conunittee, I would ask for an urgent
meeting with you to dilCUSS the matter fUrther.
~ rJutCeIeh-{1
oJ~~
I I ~ ~ '. ~ I.;.
-------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------------------_._- - -
",-- ,) , IL.\ \... \ c:-n
HOUSE OF COMMONS
LONDON SWIA OAA
2 WHits
March 2000
I believe that the causes of these concerns have now been met, and I felt that it
might be helpful if I were to explain why in these circumstances I have
nominated Mr Ashcroft once again.
- There was concern about Mr Ashcroft's involvement with the Belize Shipping
Registry IMMARBE -and in particular with the sinking of the mv Rema on 25 th
April 1998. As you will be aware Mr Ashcroft severed all his connections with
the Register in July 1999 and the official investigation into the sinking of the
Rema has found no cause which can be attributed to the failings of the Register
or to any actions or omissions on the part of Mr Ashcroft. I hope therefore that
this concern has been fully met.
Finally I am putting his name forward once again because I value his abilities
and wish to make political use of them as a working peer within the House of
Lords to which, I believe, he would bring new strengths.
I am sure that you will appreciate that, in the light of what has gone before, I
would not be renominating Mr Ashcroft if I had any doubts as to his suitability
and was not anxious to make use of him on the Conservative benches in the
House of Lords.
BYIIAND
STRICfLY PRIVATE & CONFIDENTIAL
.
Rl. Hon. James Arbuthnot MP
Cbi~fWhip. Conservative Party
House ofCommons
London SWI
Dear Sir,
Michael A. Ashcroft
Mr. Ashc;roft, who is a long-estabtished client of this f'lrm, has asked us to write to you regarding the
status or his reorpnisation ofbis personal and business affilirs.
Sh~ after the settlement in December 1999 of his libel action against 'l'M Times (on wbiob we did not
aeMIie him" owing to a conflict of interest), Mr. Ashcroft consulted Ulan his affairs, baving regard to his
intention to return to live in Britain. somethiDg to wbich be bad publicly coounittcd himself.
ActOfdingly, since that time we bave been advising Mr. A.shcroft on various relevant questions, in
c:ol\iunGtion with his other professional advisen, including a leading rum
of accountants in London whom
he bas engaged for the pwpose. He has instruoted us to advise him on the methods and implications of
reorganising bis affairs in an appropriate mannc:l'. prior to his returning to live in Britain, so thal he can
fulfil his commitment.
Given that Mr. Asb'%oft ha$ lived abroad for many years and bas substantial business and othc:l' interests
abroad, as well as in the United Kingdom, there are many significant issues to be addressed, some of
which an: complex in nature. In relation to bis becoming resident ill Britain. several possible courses of
action are UDder consideratioD and each will have to be assessed according to its implications for him, his
family and associated trusts and busin~sses; in some instances, it will also be necessary to obtain advice in
other jurisdictions.
Yours faithfully.
A lis' olllt~ 1I/UrtCJ 01 ptuf1l~n utd 'It~lr p'0/uno,,«J f(IIa/ifictltiqflS is IIP~" '0 ItuptdiOIl lit ,Itt llbavr flfJiet..
nit ptut"tn IIU t'illtn soliciton Dr npttnti/ortigPl IlIW)'u1
In q jW 'ILl) . I/( h\'() ( IH\
<:F1U~M()NJAL BJ,AN<:l1
/,,,JICIIAEI,ASIICROFI
The PHSC arc most grateful (01 the funha clarification yOll have obtained frolll
the Opposition Chief Whip. They agrec that there is now 1\0 reason why you
should nol put in mol ion lhe procedures kading to Mr Ashcroft's introduction to
Ihe House of Lords. They suggest however thai, sincc the question of
Mr Ashcroft's domicile docs 1101 appall'lIlly have to he resolved al lhis slage, it
might be preferable 10 omit the third sen!. lice ('Mr Ashcron does not believe, .. ')
of Ihe second paragraph of the draft Iell VI 10 the Opposition Chief Whip which
you sen! me 011 13 June,
..,...."...
''- July 2000
You explained that Mr Ashcroft would complete Inland Revenue Form P86 (Arrival in the UK)
giving as his reasons for taking up residence in the UK, the fact that he was to take up a seat in
the House of Lords and that his contract for services to the various companies with which he Is
involved would be based In the UK. His income under those contracts would, therefore, be
sourced in the UK and sUbject to UK tax. Paragraph 3.1 of the Inland Revenue's guidance
"Coming to the UK" states that a person is treated as resIdent and ordinarily resident If he Intends
to come to the UK to live here permanently. Mr Ashcroft has said that he will live in the UK
indefinitely and will, therefore, be a long-term resident here.
I should be grateful if you could write to confirm that you agree with my understanding of the
position and that the Leader of the Opposition is satisfied that the action adequately meets the
terms of his undertaking to take up permanent residence In the UK. If so, I shall set In motion the
process for Letters Patent and Introduction on a date to be agreed between him and the Crown
Office,
I\-- ~I'3--- .
p
)'10111 '111\ 1\1
('
HOUSE OF ('UMMONS
LONDON ~)'.. IA OAA
Further to your letter of loday's da\e, I confirni that I' agree wltli Your'
understanding of the position and that the Leader of the Opposition is
satisfied that the action adequately m(,~l'ls the terms of Michael Ashcroft's
undertaking to take up permanent residence in the UK.
MICHAEL ASHCROFT
I arn wrlling 10 lei you know that I wfote to Ihe Opposition Chief Whip yesterday (copy
enclosed) and received the enclosed reply. As you will see, the way is now clear to proceed to the
issue of Letters Palent and Introduction lo the House I have instructed the Head of Ihe Crown
Office, 10 lake the necessary steps
I am copying tIlls leller and Ils enclosures 10 Hfcllard Wilson and William Chapman