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Officers 'decided to arrest MP' MP raid police 'had no warrant'
(about 16 hours later)
Police officers made the decision to arrest Tory MP Damian Green, not ministers, the acting head of the Metropolitan Police has said. Commons Speaker Michael Martin has said he regrets that police were allowed to search Tory MP Damian Green's office with no warrant during a leak inquiry.
Sir Paul Stephenson said he "would strongly refute" any suggestion they came under any "improper influence". He said he regretted a parliamentary aide had allowed the raid - by signing a consent form without consulting him.
He said written authority to search the Tory frontbencher's Westminster office was obtained from the serjeant at arms. The Speaker agreed to a debate on the issue but pressure on him is growing.
The Commons Speaker is due to make a statement on the events and may face protests if he does not allow a debate. Asked if she had confidence in the Speaker, Commons Leader Harriet Harman said: "I am not saying I have got full confidence in anything or anybody."
Speaking at City Hall Sir Paul said the Cabinet Office had called in the police in October and after investigation arrested a civil servant - who was later released on bail. In an interview with the BBC's Newsnight programme, Ms Harman said it was her responsibility to support the Speaker and his officials, and to uphold key principles such as protecting the rights of MPs to conduct their business without unwarranted interference.
Potential evidence But asked whether the Speaker had her full confidence, she replied: "I am not saying I have got full confidence in anything or anybody."
"It is our duty to follow the evidence wherever that may take us," Sir Paul told a meeting of London Assembly members. She later denied she had said she had no confidence in Mr Martin, adding "It's not a question, there is no vote of confidence in the Speaker."
"It was as a result of our initial investigations and arrest that a decision was taken by officers ... to arrest an MP." My responsibility
The police must be able to act without fear or favour Sir Paul Stephenson Mr Martin told MPs he knew in advance about the search of Mr Green's office but was not told that the police did not have a warrant.
He said three addresses connected with Mr Green were searched under warrant, while written authority was given to search his Parliamentary office. He has referred this issue to be investigated by a committee of senior MPs and promised that, in future, a warrant would be required before searches were carried out on Commons property.
"Officers have an obligation to locate and secure evidence to avoid any circumstances where potential evidence could be lost. With this in mind, the decision was taken to arrest and search the relevant addresses in accordance with the police and criminal evidence act." "Every case must be referred for my personal decision, as it is my responsibility," he added.
He denied speculation that listening devices had been used and said the reason counter-terrorism officers were used was only because special branch and the anti-terrorist branch had been merged: "Clearly this inquiry is not terrorist related." But one Conservative MP said the Speaker should resign, given that he had "failed in his fundamental duty to protect Parliament".
He said the CPS had been handed a report for consultation on the next steps in the inquiry. Mr Green was released on bail until February. "I have no confidence in the Speaker's willingness or ability to defend Parliament or me as an MP, so that I can defend the interests of my constituents," Richard Bacon said.
"The police must be able to act without fear or favour, on any investigation whomsoever may be involved, when there are reasonable grounds to suspect that they may have committed criminal offences," he said. "He has to go. It is that simple."
"Let me deal finally with the suggestion that any political or ministerial influence on this or any other police operation under my command. The BBC's Political Editor Nick Robinson said confidence in the Speaker's authority in the Commons had taken a "very severe knock".
"I would strongly refute that I or any senior officer under my command have, or would allow, any improper influence of our operational judgement and actions for political purposes. That is not what we do". Conservative home affairs spokesman Dominic Grieve told Newsnight he had "confidence in the Speaker's good intentions" but described the current situation as a "fiasco".
Some of the most senior Tory and Lib Dem MPs including Ken Clarke and Sir Menzies Campbell are understood to be prepared to interrupt Michael Martin's statement in the Commons. But he said the Speaker should be not be forced out, saying the focus should be on "putting right what has been done wrong" and reasserting the rights of Parliament.
Many MPs are angry Mr Martin allowed police officers to enter Parliament. Items including computer files were confiscated during raids on all Mr Green's homes and offices last Thursday.
The Speaker is to make a statement at 1430 GMT - after the Queen's Speech but before MPs begin to discuss the government's legislative programme - and is likely to come under pressure to grant a debate. After the news broke last week that four addresses had been raided, Scotland Yard said it had had warrants for all of them.
Misgivings You cannot pick and choose whether you support the operational independence of the police Prime Minister Gordon Brown class="" href="/1/hi/uk_politics/7261396.stm">Profile: Michael Martin class="" href="/1/hi/uk_politics/7763572.stm">In quotes: Speaker's statement class="" href="http://www.bbc.co.uk/blogs/nickrobinson/2008/12/serious_questio.html">Nick Robinson on the day's events
Tory leader David Cameron and Liberal Democrat leader Nick Clegg have been discussing plans to secure a Commons debate on police powers and their application to Parliament and several Tory MPs are thought to be considering trying to force Mr Martin's resignation. But, shortly before the Speaker's statement, acting Metropolitan Police commissioner Sir Paul Stephenson revised the detail, saying just three warrants had been issued, while the Commons search had been "consensual".
FROM THE TODAY PROGRAMME class="" href="http://news.bbc.co.uk/today/hi/default.stm">More from Today programme When asked about this, a Scotland Yard spokesman said there had been "no deliberate attempt to mislead".
Former shadow home secretary David Davis said MPs were "bubbling with indignation about what is going on and will want to debate it". A separate police source added that if the official who signed the consent form for the raid - Serjeant at Arms Jill Pay - had not known police could be refused permission to enter, it would be "surprising".
But former Labour minister Lord Foulkes said the move was a tactic to "divert attention" from the real issue. He said people should not pre-judge the situation before Mr Martin's statement. Mr Green, shadow immigration minister, was arrested and held for nine hours last Thursday as part of a police inquiry into Home Office leaks.
Business Secretary Lord Mandelson said that although he thought MPs should be granted a debate on the issue, there should also be scrutiny of the official at the centre of the row, who he accused of passing sensitive documents to the Conservatives "in an attempt to pursue his ambitions in the Conservative party, allegedly". 'Bad day for democracy'
"Whilst I recognise that the anger being expressed by some MPs is no doubt sincerely felt by some of them, I also think it's pretty self-serving by Conservative MPs, who want to put up a smokescreen to hide their own party's role in, allegedly, colluding with a home office official and breaking the law," he told BBC Radio 4's Today programme. Many MPs have expressed outrage, saying that their independence has been compromised.
'Political beliefs' Raising a point of order after the Speaker's statement, Mr Green told the Commons it would be a "bad day for democracy in this country" if MPs could not expose information that ministers preferred to keep hidden.
Mr Green was arrested last Thursday and held for nine hours on suspicion of conspiring to commit misconduct in public office in relation to an inquiry into leaks from the Home Office. He added: "Those who have the real power in this country - ministers, senior civil servants and the police - are also not beyond the law and beyond scrutiny.
Home Office civil servant Christopher Galley was arrested on suspicion of misconduct in a public office earlier this month over the leaks. Damian Green: 'I believe MPs are not above the law'
Lawyers for the 26 year old, who is a former Tory council candidate, insist he did nothing wrong by handing over documents which embarrassed the government to Mr Green. "An MP endangering national security would be a disgrace. An MP exposing embarrassing facts about Home Office policy which ministers are hiding is doing a job in the public interest."
class="lp" href="http://news.bbc.co.uk/1/hi/talking_point/default.stm">HAVE YOUR SAY I cannot remember MPs getting so worked up about anything for a very long time Russ Barton, Brighouse class="" href="http://newsforums.bbc.co.uk/nol/thread.jspa?forumID=5731&edition=1&ttl=20081203084403">Send us your comments Mr Green was held on suspicion of conspiring to commit misconduct in public office and on suspicion of aiding and abetting misconduct in public office.
But Cabinet Secretary Sir Gus O'Donnell insisted internal systems were in place for staff to raise "matters of concern". It has been alleged that, during his police interview, Mr Green was accused of "grooming" his Home Office source, rather than simply receiving leaks.
It was vital for the operation of the civil service that individuals put aside their "political beliefs" and kept the "confidence" of ministers, he said in a speech at an awards ceremony in Birmingham. The MP denies any wrongdoing.
Lord Foulkes told BBC Radio 4's Today programme that where there could have been a threat to national security it was right to let the police investigate, provided the action was proportionate. Phone call
But David Davis, also speaking on the programme, said if there had been any question of such a threat, the arrests would have been made under the Official Secrets Act. In his statement, the Speaker said the Metropolitan Police had told the Serjeant at Arms last Wednesday that they were contemplating arresting an MP but had not given his identity.
If that had been the case, "no-one would have said a word" about it, he added. Mr Martin said she had told him in the strictest confidence that an MP might be held and charged but no further details had been given.
At 7am on Thursday, the police called the Serjeant at Arms again, explained the background to the case and named Mr Green.
People want to know whether our democracy, our right to know and our right to expose are safe with this prime minister David Cameron, Conservative leader
She then informed the Speaker of this and said a search of the MP's Commons office might take place.
Mr Green was arrested that afternoon.
But Mr Martin said: "I was not told that the police did not have a warrant [for the Commons search]."
He added that the police had not explained, as they should have done, that the Serjeant at Arms was not obliged to consent to the search - or that a warrant should have been insisted upon.
"I regret that a consent form was then signed by the Serjeant at Arms without consulting the clerk of the House," Mr Martin said.
"I must make it clear to the House that I was not asked the question of whether consent should be given or whether a warrant should have been insisted on," he said.
Home Secretary Jacqui Smith, who has said she had no prior knowledge of Mr Green's arrest, is due to give a full statement on the affair on Thursday.
'No good'
Ms Smith, and Prime Minister Gordon Brown, have said it would be improper for ministers to become involved in police investigations.
In the Commons, Conservative leader David Cameron said: "It's no good for the prime minister to hide behind 'I was only supporting the independence of the police'.
"People want to know whether our democracy, our right to know and our right to expose are safe with this prime minister."
Mr Brown said: "You cannot pick and choose whether you support the operational independence of the police. You either support it or you do not support it."
He added that he was not going to comment on an ongoing police inquiry.
Liberal Democrat leader Nick Clegg said events such as Mr Green's arrest would make Parliament "increasingly feeble".