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Concerns over Speaker's inquiry MP raid police 'sought consent'
(about 5 hours later)
MPs have raised concerns about Commons Speaker Michael Martin's inquiry into how police were able to raid an MP's office and seize equipment. Scotland Yard has insisted its officers did make clear to Commons officials that they could not search an MP's office without permission.
On Wednesday Mr Martin pledged a "speedy and immediate" inquiry but it has now emerged it may not begin until after the police leak inquiry ends. The raid and seizure of equipment from Tory frontbencher Damian Green's office last week has prompted anger among MPs.
"It might not meet for months," shadow commons leader Theresa May told MPs. Speaker Michael Martin told MPs that police did not tell the Serjeant at Arms she did not have to allow it.
Commons leader Harriet Harman said it would not be "wise" to set up a probe while police inquiries continue. But in a letter police chief Bob Quick said officers "were satisfied" she knew she could insist on a warrant.
Meanwhile Home Secretary Jacqui Smith has been giving a statement to MPs on the arrest of shadow immigration minister Damian Green and the search of his Parliamentary offices. Home Secretary Jacqui Smith explained her role in the events last Thursday, in a statement to MPs earlier.
She has reiterated that she did not know the arrest of an MP was pending and if she had, it would have been "wholly inappropriate" to get involved. No warrant
But she was attacked by her Tory shadow Dominic Grieve who said that was "utterly flawed" and asked her: "Who is in charge of the police, if she isn't?" During the debate that followed, her Tory shadow Dominic Grieve said Mr Quick's letter was "incompatible" with the Speaker's statement to MPs in Wednesday.
Mr Martin is coming under growing pressure after he admitted on Wednesday that police who raided Mr Green's office did not have a warrant. The Speaker had said he did not authorise the search and had not been told police did not have a warrant.
'No resemblance' He told MPs: "I have been told that the police did not explain, as they are required to do, that the sergeant was not obliged to consent or that a warrant could have been insisted upon."
He pledged a "speedy" inquiry by a committee of MPs into what went wrong which he said would report back "as soon as possible".
The issue dominated business questions at the Commons on Thursday with the Conservatives saying the government's suggested inquiry bore "no resemblance" to plans outlined by the Speaker. Lib Dem MP David Heath said the government was "taking the micky".
Ms May said a government motion setting up the committee suggested it would only begin work after any police inquiry was concluded and any criminal charges completed.
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 MP Profile: Michael MartinIn quotes: Speaker's statementNick Robinson on the day's eventsI 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 MP Profile: Michael MartinIn quotes: Speaker's statementNick Robinson on the day's events
"In other words it might not meet for months," she told MPs. But in his letter to the home secretary answering a number of questions about the search of Mr Green's offices, assistant commissioner Quick said Serjeant at Arms Jill Pay had been informed that they had to first seek consent before carrying out a search.
She also said an instruction that it would reflect the political balance of the Commons was wrong as it meant it would be "dominated by the government". "The officers explained the nature of the investigation and the purpose of the search and were satisfied that the serjeant at arms understood that police had no power to search in the absence of a warrant and therefore could only do so with her written consent or that of the Speaker," he said.
She also asked if other MPs' e-mails and files may have been searched when police accessed the Parliamentary server during the raid on Mr Green's office. Ms Pay signed a consent form allowing police entry, without consulting the clerk of the house Michael Jack.
'Obfuscation'
Mr Grieve said the police letter was a "masterpiece of obfuscation" on whether or not guidelines had been followed and contradicted the Speaker's statement.
The Conservatives have also raised concerns about an inquiry conducted by a committee of MPs into the events, after the government said it would begin work after any police inquiry was concluded and any criminal charges completed.
Harriet Harman: "It's not my responsibility to choose the Speaker"
Shadow Commons leader Theresa May said that bore "no resemblance" to plans outlined by the Speaker who, on Wednesday, pledged a "speedy and immediate" inquiry to report back "as soon as possible".
"It might not meet for months," Ms May told MPs.
Commons leader Harriet Harman said it would not be "wise" to set up a probe while police inquiries continue.
Political balance
Ms May also said an instruction that it would reflect the political balance of the Commons was wrong as it meant it would be "dominated by the government".
In response Ms Harman said the terms of the motion were "amendable" but added: "I don't think it's wise to set up a concurrent investigation when there's a police investigation underway."In response Ms Harman said the terms of the motion were "amendable" but added: "I don't think it's wise to set up a concurrent investigation when there's a police investigation underway."
'Whole House approach'
She said she wanted any debate to keep in mind four principles - to protect MPs in doing their job, to remember MPs were not above the law, to support the independence of the police and to support the neutrality of the civil service.She said she wanted any debate to keep in mind four principles - to protect MPs in doing their job, to remember MPs were not above the law, to support the independence of the police and to support the neutrality of the civil service.
FROM THE TODAY PROGRAMME More from Today programme
She was met with cries of "cover up" and "rubbish" from some MPs as she said it was important to get the balance right and support those principles.She was met with cries of "cover up" and "rubbish" from some MPs as she said it was important to get the balance right and support those principles.
"What we need is a cross party, whole House approach on these issues and not a party political divide," Ms Harman said."What we need is a cross party, whole House approach on these issues and not a party political divide," Ms Harman said.
Harriet Harman: "It's not my responsibility to choose the Speaker"
The Speaker has said there will be a debate on the issues around Mr Green's arrest next Monday.The Speaker has said there will be a debate on the issues around Mr Green's arrest next Monday.
But the Conservatives say at three hours, it is not long enough and there should be a full day's debate.But the Conservatives say at three hours, it is not long enough and there should be a full day's debate.
Some MPs have openly called for him to go and Ms Harman refused to say on the BBC's Newsnight that she had confidence in him. Some MPs have openly called for the Speaker to go and Ms Harman refused to say on the BBC's Newsnight that she had confidence in him. But Gordon Brown has said he has a "great deal of confidence" in Mr Martin.
But housing minister Margaret Beckett told the BBC that she thought Mr Martin had shown "dignity" in his statement.
'Wise after event'
Mrs Beckett, a former leader of the Commons, told BBC Radio 4's Today that the Speaker represented all MPs - rather than the government - so it would be wrong for a government minister to comment on the performance of whoever held that job.
And she added: "What was unfortunate about yesterday is that there are obviously a lot of people who are looking around, as so often in these affairs, for somebody to blame. Anybody, by the way, apart from the person who may be accused of doing something wrong."
Mr Martin said on Wednesday he had "regrets" over the fact police were allowed to search Mr Green's office with no warrant as part of a Home Office leak inquiry.
On Wednesday Conservative MP Richard Bacon said the Speaker should resign, given that he had "failed in his fundamental duty to protect Parliament".On Wednesday Conservative MP Richard Bacon said the Speaker should resign, given that he had "failed in his fundamental duty to protect Parliament".
FROM THE TODAY PROGRAMME class="" href="http://news.bbc.co.uk/today/hi/default.stm">More from Today programme But Labour MP Stephen Pound backed Mr Martin and Serjeant at Arms Jill Pay "absolutely" to remain in their jobs telling BBC Radio 4's Today programme the Speaker's critics were being "wise after the event".
Labour MP Stephen Pound backed Mr Martin and Serjeant at Arms Jill Pay "absolutely" to remain in their jobs telling BBC Radio 4's Today programme the Speaker's critics were being "wise after the event".
He added: "The Conservative MPs in Damian Green's office - they didn't ask for a warrant when the police turned up."He added: "The Conservative MPs in Damian Green's office - they didn't ask for a warrant when the police turned up."
Items including computer files were confiscated during raids on all Mr Green's homes and offices last Thursday.Items including computer files were confiscated during raids on all Mr Green's homes and offices last Thursday.
After the news broke last week that four addresses had been raided, Scotland Yard said it had had warrants for all of them.After the news broke last week that four addresses had been raided, Scotland Yard said it had had warrants for all of them.
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".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".
When asked about this, a Scotland Yard spokesman said there had been "no deliberate attempt to mislead".When asked about this, a Scotland Yard spokesman said there had been "no deliberate attempt to mislead".
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. The MP denies any wrongdoing.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. The MP denies any wrongdoing.