Harman defends court papers 'leak'

Thursday, 25 March 2004 12:00 AM

Solicitor general Harriet Harman has defended her actions after passing court papers given to her by her sister, a fellow lawyer, to children's minister Margaret Hodge.

Ms Harman told the Commons that she had obtained legal advice from officials in her department before passing on the papers relating to a Family Court case in which the mother was reportedly challenging a finding that she had harmed her child.

"Before I sent the judgement, without the names, to the minister for children, I sought legal advice from my office and was advised that there was no prohibition on my doing so because the names had all been blanked out," she told MPs.

When the local authority challenged her actions, Ms Harman said that she contacted the official again.

"The lawyer in my office who advised me reconsidered the question and decided that he probably was wrong and that I should not have sent the judgement to the minister for children without a court order," she said.

"I can reassure the House I acted on legal advice. I did not identify the child - I could not in any event because I did not know the child's identity."

However, Ms Harman also apologised to the Commons for her mistake and stated, "I take responsibility for my actions in this case."

The Court of Appeal later gave leave for all the papers relating to the case to be disclosed to Ms Hodge for her to consider whether she wished to intervene.

Sarah Harman, a campaigning solicitor in Canterbury, apologised after a judge ruled she was in contempt of court for disclosing the sensitive documents.

Shadow attorney general Dominic Grieve described the incident as "an extremely unfortunate state of affairs where the law officers' department...is unable to know the rules".

Mr Grieve's urgent question prompted Ms Harman's Commons statement. He said it was the role and function of the solicitor general "to take responsibility for their own actions in relation to documents that come into their possession.

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