Blair abandons protocol to back the Queen over trial

A clearly uneasy Prime Minister defends the Royal Family but reveals fresh tensions between himself and the Chancellor

The Queen's role in the trial of the former royal butler Paul Burrell was defended staunchly yesterday by Tony Blair, who said she had acted "entirely properly throughout".

The Prime Minister dismissed criticism of the Queen's delay in recalling a conversation with Mr Burrell in which he informed her that he was removing some of the possessions of Diana, Princess of Wales from her home after her death.

He told a Downing Street press conference that it would be wrong to change the law to allow the Queen to give evidence in court and rejected Tory demands for an inquiry into the affair. "When she gave the information to the Prince of Wales, that information was immediately passed on to the prosecuting authorities," Mr Blair said. "Had she attempted to interfere in the case, or had any member of the Royal Family attempted to interfere in the case, they would have been subject to entirely the opposite criticism. I do hope people have some understanding of the difficult situation the Queen is in in circumstances such as these."

Mr Blair broke with protocol by disclosing that the Queen had told him about her move at their weekly audience last Tuesday. Normally, their conversations are confidential.

He said: "By the time I was informed, the information had already been passed on to the Crown Prosecution Service [CPS] and the question of whether to proceed with the case was not a matter for me, and neither should it be a matter for me."

The Prime Minister said the CPS would want to consider carefully the lessons from what he called a "highly exceptional and unique" case. But he believed it would be "a mistake" and "unfair" for the Queen to be allowed to give evidence.

Mr Blair's comments upset some Labour MPs, who felt he went further than necessary in supporting the Queen. Lynne Jones, MP for Birmingham Selly Oak, said the monarch was guilty of either ignorance or deliberate failure. She said: "I can't understand where Tony Blair is coming from. Either way, the Queen does not come out of it very well."

There were further calls last night for a parliamentary debate on the affair. Harriet Harman, the Solicitor General, is expected to make a Commons statement tomorrow.

Labour MPs were furious that their attempts to table a Commons motion, questioning the Queen's position above the legal process and suggesting she might pay back the costs of the failed prosecution, were blocked. Stephen Pound, MP for Ealing North, said: "It is a great shame that Parliament, which is supposed to be the echo chamber of the nation cannot express a view on the issue which is on everyone's lips at the moment."

Bill Cash, the shadow Attorney General, called for a full inquiry into the role of the CPS, the Director of Public Prosecutions and the police. Mr Cash also asked Lord Goldsmith, the Attorney General, whether he considered that the prosecution should have reached trial, and if not, what action he intended to take. Lord Goldsmith should explain why he did not halt the case, Mr Cash said.