Duke says he wants to bring his children to visit from the US, but insists he and his family “can’t go back to his house” because it’s too dangerous. Applying for permission for a full judicial review of the security decision by the Executive Committee for the Protection of Rights and Public Persons (RAVEC) – which falls under the remit of the Home Office, the Duke argued that he had been the victim of “procedural injustice”. Shaeed Fatima QC, for Harry, told the court that “at that stage he was not aware that the Royal Family was involved at all” in the decision-making process and was told it was “an independent decision”.
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The court heard there were “significant tensions” between Harry and the Queen’s private secretary, Sir Edward Young, at the time, and says he was not fully aware of RAVEC’s decision-making process or composition. Harry claims he believed his points were being “fully and correctly communicated to RAVEC” but was denied the opportunity to make submissions directly to the committee. “He was materially prejudiced … because his offer to pay (for security) was not forwarded to RAVEC before the decision was made,” Ms Fatima said in written submissions. “He does not know what else – as announced by him to the Royal Family – was not fully/timely transferred to RAVEC. “He was denied an opportunity to comment on the appropriateness of the RAVEC process (and) the involvement of certain individuals in the RAVEC process before the decision was made. “It is arguable that, had there been a fair process, RAVEC would have or could have reached a different decision.” Home Office lawyers say RAVEC was entitled to make the decision it did, which is that the Duke’s security arrangements will be reviewed “on a case-by-case basis”, and argue it should be refused permission for a full judicial review. Sir James Eadie QC, representing the Home Office, said in written arguments that any tensions between Harry and Royal Household officials were “irrelevant” to his change of status. She says Harry believes he may have objected to the involvement of Royal Family officials in the RAVEC decision – because of “tensions” – but insisted that argument is “irrelevant”. “The plaintiff’s inability even now to explain how a show cause proceeding could or would have helped is striking,” Sir James said. Parts of the court proceedings are being held in private due to the sensitive nature of security evidence. Mr Justice Swift said he hoped to deliver his decision before the end of July on whether a full judicial review could be brought.
