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Smith under fire over police raid Smith accused of raid 'ignorance'
(about 3 hours later)
Home Secretary Jacqui Smith has come under attack during a statement to MPs about the police raid on Tory MP Damian Green's Parliamentary office. Jacqui Smith has been accused of "wilful ignorance" and of failing in her responsibilities as home secretary over the police raid on an MP's office.
She said she had not known he was to be arrested - and said that even if she had known it would have been "wholly inappropriate" to intervene. The Tories say she should have asked more questions about the investigation, after Ms Smith said she was unaware Damian Green was about to be arrested.
Tory Dominic Grieve asked: "Who is in charge of the police, if she isn't?" Ex-home secretary John Reid expressed surprise she had not been told.
Ex-Labour home secretary John Reid said he would have expected to have been informed before an MP was arrested. Ms Smith said she had even if she had been informed, it would have been "wholly inappropriate" to intervene.
Speaker Michael Martin had to intervene to tell MPs not to shout out at one point as Ms Smith made her Commons statement on last Thursday's arrest. And in tense exchanges in the Commons she asked her Conservative shadow Dominic Grieve to "remove his continued assertion that I am not telling the truth".
She said the police had been called in by the Cabinet Office, after a series of internal leak inquiries had not found the source and there had been concern that someone with access to "sensitive material" was prepared to leak it. Internal inquiries
'Effective conduct' Speaker Michael Martin had to intervene to tell MPs to stop shouting at one point as Ms Smith made her statement on last Thursday's arrest of the Tories' immigration spokesman.
She said the police had been called in by the Cabinet Office, after a series of internal leak inquiries had not found the source.
She said it was not simply a matter that leaks were "politically embarrassing" but said they struck at the impartiality of the civil service.She said it was not simply a matter that leaks were "politically embarrassing" but said they struck at the impartiality of the civil service.
It had been appropriate to call in the police faced with the apparent "systematic leaking of classified information over a sustained period" and "given the damage that this was doing to the effective conduct of government business".It had been appropriate to call in the police faced with the apparent "systematic leaking of classified information over a sustained period" and "given the damage that this was doing to the effective conduct of government business".
"The sustained level of leaking that had already taken place clearly suggested that this could go on, would escalate, and that more information of greater sensitivity could potentially leak."
Heavy-handed and incompetent at best, and at worst an unwarranted assault on our democracy Dominic GrieveShadow home secretary Concerns over Speaker's inquiryAssistant Commissioner Bob Quick's letter in fullHeavy-handed and incompetent at best, and at worst an unwarranted assault on our democracy Dominic GrieveShadow home secretary Concerns over Speaker's inquiryAssistant Commissioner Bob Quick's letter in full
She told MPs she knew about the arrest of a civil servant over Home Office leaks, but had not know an arrest of an MP was pending and would not have got involved if she had. She told MPs there was considered a danger that "more information of greater sensitivity could potentially leak".
But she was attacked by shadow home secretary Dominic Grieve who said her position was "utterly flawed". She said it was "sensible" that she had been informed that about the pending arrest of a Home Office official but she had not been told an MP was about to be arrested and would not have got involved if she had.
Her predecessor as home secretary, the Labour MP John Reid, said he would have expected to have known in advance about Mr Green's arrest. But she was attacked by shadow home secretary Dominic Grieve who said her position was "utterly flawed" and "implausible".
'Placid' response He demanded to know whether she had asked "any questions at all" about the police inquiry and to confirm she had not "the faintest idea" an MP was being investigated after the Home Office official's arrest.
He said he would not have been as "placid" in his reaction to not being informed as Ms Smith appeared to have been. 'Cavalier'
Mr Grieve said there was not "the slightest evidence" that the arrest had anything to do with national security and said his party took the integrity of official secrets very seriously "despite attempts by government spokesman to smear and spin to the contrary." He finished by saying: "Does the home secretary regret her wilful ignorance in this whole affair and the decision to wash her hands of the basic responsibilities that come with her office?
He told MPs the issues at stake were very serious: "They involve basic ministerial oversight over counter-terrorism police operations against a member of this House. Heavy-handed and incompetent at best, and at worst an unwarranted assault on our democracy." "Who is in charge of the police, if she isn't?"
Ms Smith accused him of being "cavalier" about the leaking of information from the Home Office - when he could be a future home secretary.
Her predecessor as home secretary, the Labour MP John Reid, said he had "no doubts at all about her integrity" and it was wrong for any MP to imply otherwise.
I was not arrested for counselling or procuring misconduct in a public office Damian GreenI was not arrested for counselling or procuring misconduct in a public office Damian Green
Speaker Michael Martin is coming under growing pressure after he admitted on Wednesday that police who raided Mr Green's office did not have a warrant. But he added: "I have to say I'm surprised to say the least that she wasn't informed that her opposite number, effectively was about to be arrested.
Several MPs asked during the debate whether police had sought a warrant to search Mr Green's offices, and if so, whether it had been refused. "I cannot think that if I had been told that this had been done after the event that I would have remained as placid as she has done in the circumstances."
Ms Smith repeatedly referred MPs to a letter from Metropolitan Police assistant commissioner Bob Quick which she had placed in the Commons library. Mr Grieve said the police action was "heavy-handed and incompetent at best, and at worst an unwarranted assault on our democracy".
Leaking precedent He also accused the government of "smear and spin", saying the Tories took official secrets seriously and there was not "the slightest evidence" the arrest had anything to do with national security.
The letter states a warrant was not sought as there was "no basis" to submit to a Justice of the Peace that it was believed consent to enter the premises would be refused. Warrant questions
At one point during the debate the arrested MP Damian Green stood up holding a copy of his arrest warrant to correct the home secretary's description of what he had been arrested for.
"I was not arrested for counselling or procuring misconduct in a public office, she will understand the seriousness of her mistake and I would invite her to withdraw those words immediately," he said.
Ms Smith said she would take it up with the police, as she was reading from a publicly released statement made by them.
It is essential that other means of having checks and balances are there and the leaking of information has a long and honourable precedent Chris Huhne
Speaker Michael Martin is under pressure after he admitted on Wednesday that police who raided Mr Green's office did not have a warrant.
Several MPs asked during the debate whether police had sought a warrant and if so, whether it had been refused.
A letter from Met assistant commissioner Bob Quick states a warrant was not sought as there was "no basis" to submit to a Justice of the Peace that it was believed consent to enter the premises would be refused.
For the Lib Dems, Chris Huhne said the leaking of information was justified in many circumstances, and called for new legislation to protect whistleblowers. He also said Ms Smith had landed herself "in a muddle".For the Lib Dems, Chris Huhne said the leaking of information was justified in many circumstances, and called for new legislation to protect whistleblowers. He also said Ms Smith had landed herself "in a muddle".
He said "formal procedures for holding the executive to account are so weak" they had been described as being "like heckling a steamroller".He said "formal procedures for holding the executive to account are so weak" they had been described as being "like heckling a steamroller".
"It is essential that other means of having checks and balances are there and the leaking of information has a long and honourable precedent.""It is essential that other means of having checks and balances are there and the leaking of information has a long and honourable precedent."
'Synthetic indignation' Labour MP Sir Gerald Kaufman said the Tories had abolished the "public interest defence" for whistleblowers after Ministry of Defence official Clive Ponting was cleared for leaking information on the sinking of the Belgrano during the Falklands War.
He also said, if the home secretary had been informed a search was to take place, that should "ring alarm bells". He criticised the Tories' "synthetic indignation".
But Labour backbencher Sir Gerald Kaufman said the Tories had abolished the "public interest defence" for whistleblowers after Ministry of Defence official Clive Ponting was cleared for leaking information on the sinking of the Belgrano during the Falklands War. But another Labour backbencher, David Winnick, warned that parliamentary democracy would be "undermined" if MPs were unable to carry out their duties "without fear or favour".
He criticised the "synthetic indignation of the Conservatives who seek one law for a Tory government ... and another law for a Labour government."
Labour backbencher David Winnick said MPs were not above the law but had to be able to carry out their parliamentary duties "without fear or favour".
"If that is undermined, parliamentary democracy is undermined," he said.
Some MPs questioned whether the Wilson Doctrine, which says MPs' phones and other communications will not be tapped, had been breached by an investigation into Mr Green's emails.Some MPs questioned whether the Wilson Doctrine, which says MPs' phones and other communications will not be tapped, had been breached by an investigation into Mr Green's emails.
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.
In a point of order during the debate Mr Green stood up to correct the home secretary, who had said he had also been arrested on suspicion of "counselling or procuring misconduct in a public office" - which he said was not on the arrest warrant he had been given. Meanwhile the Liberal Democrats say they will boycott a Parliamentary inquiry because the committee of seven MPs investigating the affair has been "neutered".
"I was not arrested for counselling or procuring misconduct in a public office she will understand the seriousness of her mistake and I would invite her to withdraw those words immediately." They and the Tories are unhappy that it will not start work until after the conclusion of the police inquiry and any criminal proceedings - as well as the fact there will be a Labour majority on the committee.
Ms Smith said she would take it up with the police, as she was reading from a publicly released statement made by them.