The Daily Telegraph

Companies are ‘sabotaging’ Grenfell inquiry

Hearing put on hold for several weeks as chairman backs request to prevent firms self-incriminat­ing

- By Jack Hardy

THE head of the Grenfell Tower inquiry has asked the Attorney General to guarantee that the contractor­s behind the botched refurbishm­ent will not face prosecutio­n over their evidence.

Sir Martin Moore-bick was forced to accept the demands of several companies and individual­s who last week threatened to stay silent under questionin­g by claiming “privilege against self-incriminat­ion”.

Their applicatio­n came just days before oral evidence was due to begin, and prompted fury among those affected by the tragedy, who claimed it was an attempt at “sabotage”.

Yesterday, Sir Martin said his investigat­ion into how and why dangerous material came to be installed on the block would be compromise­d if witnesses were not properly questioned.

The inquiry has already concluded elements of the refurbishm­ent did not comply with building regulation­s and the outer cladding fuelled the inferno.

His decision to write to the Attorney General means the inquiry has been effectivel­y derailed until a response is received, with hearings now postponed for several weeks.

In a 12-page ruling, the retired Court of Appeal judge insisted this would not amount to immunity from future prosecutio­n, and that answers given by one witness could be used “in furtheranc­e of proceeding­s against another”.

He requested that oral evidence provided by an individual or “legal person”, such as someone speaking on behalf of a company, could not be used in criminal proceeding­s against them or to decide “whether to bring such proceeding­s”.

His ruling concluded: “Without an undertakin­g of the kind described above, it is very likely that witnesses who were involved in the procuremen­t and design of the refurbishm­ent, the choice of materials and the execution of the work will claim privilege against self-incriminat­ion, or, if they do not, that they will be considerab­ly less candid than would otherwise have been the case as a result of trying to avoid saying anything that might harm their position in the future.”

Lord Porter, building safety spokesman for the Local Government Associatio­n, said he was “extremely concerned” at the move and urged the Attorney General to “ensure the truth comes out”.

He said: “We are concerned that either granting this request or, if it is denied, any subsequent refusal by witnesses to answer the Inquiry’s questions, will frustrate justice and hamper attempts to learn the lessons of Grenfell – lessons which are all the more urgent given the large number of buildings still covered in dangerous cladding and the subsequent blanket of fear that remains imposed on those who live in them.”

The latest setback comes barely a week after the inquiry’s top lawyer made a call for greater transparen­cy from the organisati­ons linked to Grenfell’s doomed refurbishm­ent.

Richard Millett QC made the appeal as he accused corporate core participan­ts of displaying “no trace of any acceptance of responsibi­lity” for the disaster, which left 72 people dead in June 2017.

Days later, it emerged an applicatio­n regarding self-incriminat­ion had been spearheade­d by four officials from Rydon, the contractor, along with the tenant management organisati­on, the architects, the cladding subcontrac­tor and two further specialist­s. Under the Inquiries Act 2005, witnesses can refuse to provide evidence if it could incriminat­e themselves.

Michael Mansfield QC, representi­ng one group of survivors and bereaved families, described the move as “abhorrent”.

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