TNAG-2702-FCO40-3908-Memoirs-of-Sir-Percy-Cradock--diplomat-and-sinologist-1993 — Page 218

CONFIDENTIAL

21 June 1993

Ms Melanie Leech

Cabinet Office

Foreign & Commonwealth

Office

19)

HKB 010/4

RECEIVED IN!

IND!

27 1

ISTRY

REGISTRY ction Taker

London SW1A 2AH

Sir David Gillmore KCMG

The Permanent Under Secretary of State

M

Yam's

21/6

Dear Melanie,

SIR P CRADOCK

1.

Sir D Gillmore and Sir R Butler discussed Sir P Cradock's memoirs on the telephone on 15 June. Sir Robin wondered what powers of sanction were available should Sir P Cradock resist officials' arguments against publication of passages from page 198 to 219. You sent me a copy of Sir P Cradock's letter of appointment as Foreign Policy Adviser to the Prime Minister (in two batches).

(I

2. Our Legal Advisers have now looked at all the papers. enclose a copy of Mr Chamberlain's minute.) In brief, the Legal Advisers concluded that there would not be much prospect of securing an injunction to restrain the publication on the grounds of breach of duty of confidentiality. There is a case for arguing that Sir P Cradock's memoirs breach the Radcliffe Rules, but the Rules were not incorporated into Sir P Cradock's letter of appointment. The Rules are described as "conventions"; it would be difficult to argue that they form part of the terms and conditions of service in force in the Civil Service referred to in paragraph 3 of the letter of 16 January 1984.

3. Mr Berman adds one point: the paragraphs from the HCS code which Mr Chamberlain analyses in his minute are the very passages which were revised, after much agony and on the advice of Counsel, after the conclusion of the Peter Wright "Spycatcher" affair.

Yours sincerely,

Smor

SG McDonald Private Secretary

bcc:

Mr Berman

Mr Chamberlain

Mr Ricketts, HKD

CONFIDENTIAL