THE author of a forthcoming book on Diana, Princess of Wales could be
stripped of a royal honour by the Queen.
In a joint statement with the Prince of Wales
yesterday, the Queen announced that the
Royal Family had, with regret, decided not to
take legal action against Patrick Jephson, the
Princess's former private secretary. But in an
unusually strong condemnation, the statement
"deeply deplored" his decision to publish his
account of eight years in royal service.
The fact that the Queen has become involved
is an indication of how seriously the matter is
regarded. The Royal Family and the Spencer
family are particularly concerned about the
effect on Prince William, 18, and Prince Harry,
who celebrated his 16th birthday yesterday.
But legal uncertainty about Mr Jephson's duty
of confidentiality - and the fact that the book
will inevitably be circulated on the internet - led
lawyers to advise against further action. The decision sets a dangerous
precedent, as other staff, past and present, may now feel tempted to cash in.
It is possible that the Queen will strip Mr Jephson, 44, of the Lieutenant of the
Royal Victorian Order she awarded him in the 1995 birthday honours for
"outstanding personal service" to the Sovereign. "It is certainly worth
considering," an aide said last night. A Palace spokesman said: "It is a private
matter for the Queen."
Despite a two-year legal dispute with the Royal Family and the Spencers, Mr
Jephson said that he was going ahead with publication "as a service to the late
Princess and those who worked with her". The book will be published next
month by HarperCollins, which is owned by Rupert Murdoch, after
serialisation in the Murdoch Sunday Times. The cash involved remains a
secret, but Mr Jephson is expected to earn a six-figure sum.
Mr Jephson, a former Royal Navy officer, resigned in 1996 shortly before the
royal divorce. He described the book as "a truthful and balanced account"
and added: "It can be a protection for those who would be hurt by
speculation about her character or motives in public life. I understand the
concerns felt by those close to the Princess and when they read the book I
am confident that they will be reassured."
Mr Jephson's assurances did nothing to temper one of the most forceful
Palace attacks for many years. The joint statement said: "Her Majesty and His
Royal Highness do not want a book of this kind to be published, a view which
was conveyed firmly to Mr Jephson in February 1998."
"There is an important relationship of trust and privacy between members of
the Royal Family and those who work for them, at whatever level, which is
enshrined in the permanent confidentiality undertaking which all employees
sign on joining the Royal Household.
"Both Buckingham Palace and St James's Palace believed that Mr Jephson
had reconfirmed his acceptance of this position in February 1998 and it is a
matter of immense regret that he has now decided, nevertheless, to exploit for
personal profit his period of employment with the Royal Family, rather than
place his account in the royal archives for the use of future historians.
"The Queen and the Prince of Wales deeply deplore Mr Jephson's decision to
proceed with the publication of his book. Whatever its possible content, it is
likely to arouse fresh speculation about the life of the Princess which can only
be upsetting to the feelings of Prince William and Prince Harry and to the
Princess's family." Explaining why no legal action would be taken, an aide
said: "You only fight these if you are going to win and we could not be
certain."
John Witherow, the editor of The Sunday Times, reinforced Mr Jephson's
claims that the Royal Family would not be hurt by the book. Last night he
said: "Patrick was very conscious of not upsetting the Princess's children. I
can understand why the Palace are worried, but they have nothing to fear."
~*~
The courtier: no one thought he would
spill the beans(Electronic Telegraph)
By Robert Hardman
OLDER royal retainers had just the phrase when they learned of Patrick
Jephson's decision to publish his book about Diana, Princess of Wales. He
was, they said, "doing a Crawfie".
Many have vivid memories of the shock felt when the Queen's former nanny,
Marion Crawford, decided to publish her memoirs in 1949. Her disclosures
were, by today's standards, a eulogy to the Royal Family but it was the
breach of trust that left the family bitterly offended.
Mr Jephson is a very different creature from the much-vilified "Crawfie". Her
secrets did not extend much beyond the nursery, while the urbane former
Royal Navy officer was a very senior courtier. Having progressed from being
the Princess of Wales's equerry to being her private secretary, Mr Jephson
was privy to the innermost workings of three palaces - Buckingham, St
James's and Kensington.
With his naval background and the level of trust he enjoyed for so many
years, few imagined that he would ever spill any beans. Footmen, butlers and
housekeepers might have sold their stories over the years but not those at the
top.
Mr Jephson might have resigned in early 1996, exasperated by the Princess's
decision to talk to the BBC's Panorama and to issue press statements without
consulting him. But no one thought a private secretary, however peeved,
might go public. Colleagues remembered him as rather aloof, particularly
when it came to the media, but very correct.
So, there was shock and dismay across all three palaces in early 1998 when it
emerged that Mr Jephson was planning to write an account of his eight years
of royal service. Initially, threats of legal action - and possibly the climate of
public loathing towards anyone daring to besmirch the Princess's memory -
led him to postpone the idea.
He continued a somewhat opaque career in public relations, reportedly
specialising in people who did not want to be in the papers rather than those
who did. Earlier this year, though, he decided that the time was ripe for
publication. According to some reports, he had found himself increasingly
short of money following the breakdown of his marriage.
When the Royal Family's lawyers found out about his renewed efforts, there
were further legal exchanges. This time, though, Mr Jephson and his lawyers
decided that the public mood had changed and that the royal appetite for
fighting was limited. In this, he proved correct.
He may even have secured himself a place in the Palace lexicon. In future,
betraying the royal trust may come to be known as "doing a Jephson".
~*~
Ill king's war record revealed(BBC News)
Military service details about King George VI
which feature comments on his stammer and
general ill-health have been released by the
Public Records Office.
They reveal that his general conduct aboard
HMS Collingwood was regarded by senior
officers as merely "satisfactory".
However, that ship's captain noted that the
future king, then Prince Albert, "promises well"
but was "nervous of speech".
In August 1914, it was recorded that he was
making "favourable progress" despite various
sick leave entries, including a month spent at
Balmoral in September 1915.
Battling monarch
On the eve of the First World War Battle of
Jutland, Prince Albert was in the Collingwood's
sick bay, incapacitated by a surfeit of soused
herring.
He nonetheless managed to man his gun turret
and fought throughout the engagement - the
last British monarch to see action in war.
He was commended in the London Gazette for
his part in the battle.
After his time on HMS Collingwood, he spent
some time on the staff of the Commander in
Chief, Portsmouth, Sir Stanley Colville, who
described the future king as "very zealous and
hardworking".
The Public Records Office has also disclosed
the Earl Mountbatten of Burma's records from
1920 when he was a midshipman in the Royal
Navy.
Rear Admiral Halsey noted he "will make a good
officer, plenty of common sense if he would
use it, but is too casual".
~*~
Royals will still rule in 50 years, poll
finds(Electronic Telegraph)
By George Jones, Political Editor
BRITAIN in 50 years will still be an independent country with a monarchy,
according to a survey published today on how the British view their future.
But the survey, conducted by Mori for the Adam Smith Institute, indicates
that most people think that Britain will not be that influential. Most expect it to
lose its cutting edge in science and technological innovation and lose its
leading role in artistic and cultural achievement.
Of those questioned, 43 per cent thought the country would still be a
monarchy in 2050. Thirteen per cent did not think so - about the same
number who thought extra-terrestrial life would be discovered within the next
50 years.
Asked whether Britain would still be independent, 52 per cent said yes, and
40 per cent said no. More young people were confident that the country
would remain independent, older people were not so sure.
Young people thought it was unlikely that in 50 years the British would think
of themselves as European first and British second, but older people were
more inclined to expect it. Most people thought that another world war was
unlikely.
~*~
The law: why Palace did not rely on the
courts(Electronic Telegraph)
By Joshua Rozenberg
LEGAL moves to prevent Patrick Jephson from publishing his book, or to
stop him making money from it, were bound to fail, lawyers advised the
Queen and the Prince of Wales.
A statement from Buckingham Palace and St James's Palace said: "Sadly, and
taking into account all the circumstances of this particular case, it is clear that
the chances of obtaining successfully a permanent injunction to restrain Mr
Jephson - with worldwide effectiveness and covering all forms of media
(including the internet) - are such that all the parties to this matter, including
the late Princess's estate, have reluctantly ruled out the possibility of a
sustainable legal case against Mr Jephson."
Farrer and Co, the royal solicitors, are well aware that once a document is
widely available abroad the English courts will not attempt the impossible and
try to stop it being circulated in Britain. That was why the courts eventually
allowed Spycatcher, the memoirs of the former MI5 officer Peter Wright, to
be published in 1988.
In 1990, the Court of Appeal issued an injunction to prevent a former palace
servant, Malcolm Barker, from publishing anywhere in the world a book
called Courting Disaster: The Hilarious and Shocking Recollections of a
Buckingham Palace Official. However, the book soon appeared in America
and second-hand copies are still on sale through the internet.
The law of confidence protects information that has been entrusted to
someone in circumstances where there is a duty not to disclose it. That would
clearly cover the position of a private secretary. However, the law does not
protect information that is already in the public domain. The courts must also
be persuaded that it is in the public interest to maintain confidentiality, and
they will not grant temporary injunctions if it is likely that an application for a
permanent order to prevent publication would fail.
A written confidentiality agreement, such as the one signed by Mr Jephson,
will normally be enforced by the courts. He is thought to be arguing that his
agreement came to an end with the Princess's death. Peter Ashford, head of
litigation at Cripps Harries Hall in Tunbridge Wells, thought that might not be
correct.
Mr Ashford said that secondary aspects of a personal contract would
continue after the death of a party. In the absence of a specific provision, he
thought that the contract would still be enforceable by the trustees of the
Princess's estate. But the solicitor recognised that in the real world people
could not always rely on the strict letter of the law.