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Lawyers warned of Larkin role in Maire Stopes inquiry Lawyers warned of Larkin role in Maire Stopes inquiry
(35 minutes later)
By Stephen Walker BBC NI political reporter More details have emerged of why the Justice Committee declined the Attorney General John Larkin's offer to question witnesses in an inquiry into a sexual health clinic.
Full details have emerged of why the Justice Committee rejected the Attorney General John Larkin's offer to assist an inquiry into a sexual health clinic. Legal advice to the committee said asking Mr Larkin to act as counsel would not be "prudent".
Legal advice to the committee said asking Mr Larkin to become involved would not be "prudent".
However, it did suggest that he could be called as a witness.However, it did suggest that he could be called as a witness.
Last month Mr Larkin wrote to the committee offering his assistance if they wanted to investigate the new Marie Stopes clinic in Belfast.Last month Mr Larkin wrote to the committee offering his assistance if they wanted to investigate the new Marie Stopes clinic in Belfast.
The Stormont committee took its own legal advice, which concluded that the attorney general's offer should be declined.The Stormont committee took its own legal advice, which concluded that the attorney general's offer should be declined.
The Northern Ireland Assembly's legal advisors said an inquiry was "an unusual proposition". Instead Mr Larkin will be asked to give evidence on his understanding of the law on abortion. However, the politicians will question any witnesses themselves.
They said it was outside their remit and it would be neither "safe nor prudent" to exercise the power to call for persons and papers. The assembly's legal advisors described the attorney general's proposed inquiry as an "unusual proposition".
Mr Larkin wrote to the committee on 16 October, after the clinic opened. They said it was "outside their remit" and it would be neither "safe nor prudent" to exercise the power to call for persons and papers.
He wrote that "should the committee decide to commence such an investigation I would be happy to give every possible assistance and that could, for example, include acting as counsel to the committee and, where appropriate, conducting the questioning of witnesses on behalf of the committee". Some Justice Committee members have told the BBC not all the legal advice was accepted.
The committee's report concluded that the attorney general would not be permitted to act as counsel and questioner and suggested that he should simply be called as a witness. But they said the committee has taken on board the suggestion that the "committee should instead invite the attorney general to engage at present by the more traditional route of giving evidence".