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Goldsmith 'will not overrule CPS' Goldsmith 'will not stand aside'
(about 3 hours later)
The attorney general will not overrule the Crown Prosecution Service if it wants to charge anyone over the cash for honours probe, the BBC has learned. The government's legal adviser has said he will not stand aside from the legal process if charges are brought over the cash for honours probe.
Lord Goldsmith, who has close links to Tony Blair, has come under pressure from opposition parties to step aside. But Lord Goldsmith said he would take independent advice on whether any prosecutions should be brought.
The Cabinet minister will seek to clarify the position in a letter to the Conservatives, BBC News political editor Nick Robinson says. The peer, a friend and political ally of Tony Blair, has come under pressure from opposition parties to step aside.
Mr Blair, and everyone else involved, have denied any wrongdoing. Shadow attorney general Dominic Grieve told the BBC he was satisfied with Lord Goldsmith's response.
Demands for clarity over Lord Goldsmith's position have increased following the decisions of the Director of Public Prosecutions Ken Macdonald - a former colleague of Cherie Blair - and the Commissioner of the Metropolitan Police Sir Ian Blair to stand aside from decisions related to the investigation. Dual role
In April, Lord Chancellor Lord Falconer told MPs the attorney general would not "interfere in the normal course of decisions being made". The attorney general has a ministerial role as the government's chief legal adviser, but is also head of prosecutions and guardian of the public interest.
But Lord Goldsmith has previously declined to comment other than to promise to act in the "interests of justice". He is usually consulted by the Crown Prosecution Service over high-profile and particularly complex cases and has to give formal consent to proceedings for a small number of offences, including corruption.
He is usually consulted by the Crown Prosecution Service over high-profile and particularly complex cases.
No-one charged
The BBC understands that in a letter to his Conservative shadow, Dominic Grieve, he will say his formal consent for proceedings will not be required if charges are brought under the law forbidding the granting of honours in return for payment, or under the law relating to the declaration of political donations.
We will see whether this will silence the critics BBC political editor Nick Robinson Read Nick's thoughts in full
He does, however, have to give formal consent to a small number of offences, including corruption.
In these circumstances, he is meant to determine whether it is "in the public interest" to proceed.In these circumstances, he is meant to determine whether it is "in the public interest" to proceed.
The BBC understands Lord Goldsmith will make clear that he will accept the advice he is given. We will see whether this will silence the critics BBC political editor Nick Robinson href="http://blogs.bbc.co.uk/nickrobinson/2006/11/legal_position_1.html" class="">Read Nick's thoughts in full
Scotland Yard is investigating whether people have been nominated for honours in exchange for giving donations or loans to political parties. In a letter to Mr Grieve, Lord Goldsmith said: "There have been suggestions that I should stand aside from any involvement in this case. However, it would not be right for me to do that."
But he added it was normal practice for independent counsel to advise in "sensitive or difficult cases".
"Accordingly, if the CPS consult me on a prosecution in this case, I propose that my office should appoint independent senior counsel to review all the relevant material and advise on any prosecutions."
Demands for clarity
Police are investigating whether people have been nominated for honours in exchange for giving donations or loans to political parties.
Although a large number of people have so far been questioned by police, no-one has been charged.Although a large number of people have so far been questioned by police, no-one has been charged.
Mr Blair and everyone else involved have denied any wrongdoing.
I'm satisfied with that answer and it's the answer which I expected to get Dominic GrieveShadow attorney general
Demands for clarity over Lord Goldsmith's position have increased following the decisions of Director of Public Prosecutions Ken Macdonald - a former colleague of Cherie Blair - and the Commissioner of the Metropolitan Police, Sir Ian Blair, to stand aside from decisions related to the investigation.
But Lord Goldsmith has previously declined to comment other than to promise to act in the "interests of justice".
Mr Grieve later told the BBC he was satisfied with the letter he had received from Lord Goldsmith.
"The attorney does have a constitutional responsibility which he can't simply abandon and therefore in those circumstances he can't say: 'I'm going to have nothing to do with this matter'.
"But what he can do is to provide reassurance to the public that it will be dealt with through advice of an impartial and distinguished, senior lawyer and will then be presented to him. I'm satisfied with that answer and it's the answer which I expected to get"