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| Operation Elveden expansion to include unpaid leakers provokes alarm | Operation Elveden expansion to include unpaid leakers provokes alarm |
| (about 1 month later) | |
| Questions are being raised over the scope of a multimillion-pound criminal inquiry into alleged bribes paid by journalists to public officials – Operation Elveden – after it expanded to target police officers who have "leaked" information with no payments involved. | Questions are being raised over the scope of a multimillion-pound criminal inquiry into alleged bribes paid by journalists to public officials – Operation Elveden – after it expanded to target police officers who have "leaked" information with no payments involved. |
| Lawyers and a support group for police whistleblowers warned that the formal development in the investigation "crosses a Rubicon" and that officers were being frightened away from speaking to journalists informally, as the bill for the inquiry passed the £5m mark, according to figures provided to the Guardian. | Lawyers and a support group for police whistleblowers warned that the formal development in the investigation "crosses a Rubicon" and that officers were being frightened away from speaking to journalists informally, as the bill for the inquiry passed the £5m mark, according to figures provided to the Guardian. |
| Seventy detectives are working on Elveden, which was set up in July 2011 after News International handed over hundreds of millions of emails, documents and expenses claims relating to its journalists in response to requests from Scotland Yard, where police were carrying out the new phone-hacking inquiry. | Seventy detectives are working on Elveden, which was set up in July 2011 after News International handed over hundreds of millions of emails, documents and expenses claims relating to its journalists in response to requests from Scotland Yard, where police were carrying out the new phone-hacking inquiry. |
| The Independent Police Complaints Commission (IPCC) is supervising the Elveden inquiry and has exercised its power to arrest individuals as part of the investigation. The Met police has acknowledged that journalists have been put under surveillance in the investigation, which has so far led to the arrest by the police and the IPCC of 64 individuals, police, public officials and journalists. | The Independent Police Complaints Commission (IPCC) is supervising the Elveden inquiry and has exercised its power to arrest individuals as part of the investigation. The Met police has acknowledged that journalists have been put under surveillance in the investigation, which has so far led to the arrest by the police and the IPCC of 64 individuals, police, public officials and journalists. |
| But in a significant development, the inquiry is now focusing on senior police officers who have allegedly "leaked" information to journalists with no payments involved. | But in a significant development, the inquiry is now focusing on senior police officers who have allegedly "leaked" information to journalists with no payments involved. |
| The force acknowledged the expansion of the investigation when it arrested Andy Rowell, the Met police's borough commander in Ealing, last month. | The force acknowledged the expansion of the investigation when it arrested Andy Rowell, the Met police's borough commander in Ealing, last month. |
| A statement released at the time noted that the Elveden inquiry's "remit to date has been into allegations of inappropriate payments to police and public officials". It added: "Today's arrest, however, relates to the suspected release of confidential information but not alleged payment." | A statement released at the time noted that the Elveden inquiry's "remit to date has been into allegations of inappropriate payments to police and public officials". It added: "Today's arrest, however, relates to the suspected release of confidential information but not alleged payment." |
| Rowell is one of four officers who have been arrested by Elveden officers or the IPCC on suspicion of leaking to the media in circumstances where no money has changed hands. None has been charged. | Rowell is one of four officers who have been arrested by Elveden officers or the IPCC on suspicion of leaking to the media in circumstances where no money has changed hands. None has been charged. |
| Earlier this month the most senior officer to be questioned so far, Frank Armstrong, the former assistant commissioner with City of London police, was arrested by the IPCC on suspicion of "unauthorised" contact with journalists. | Earlier this month the most senior officer to be questioned so far, Frank Armstrong, the former assistant commissioner with City of London police, was arrested by the IPCC on suspicion of "unauthorised" contact with journalists. |
| His arrest was connected, the IPCC said, with the arrest last year of a serving City officer over the alleged release of information. A former detective chief superintendent in the Met police, Dave Cook, has also been arrested by the IPCC for allegedly leaking information. | His arrest was connected, the IPCC said, with the arrest last year of a serving City officer over the alleged release of information. A former detective chief superintendent in the Met police, Dave Cook, has also been arrested by the IPCC for allegedly leaking information. |
| Simon McKay, a lawyer who specialises in privacy and human rights cases, said: "I think the Rubicon has been crossed here. This is a deeply troubling evolution of the investigation in my opinion and raises really serious civil liberty issues. The relationship between a public official and a journalist of itself cannot be criminal. | Simon McKay, a lawyer who specialises in privacy and human rights cases, said: "I think the Rubicon has been crossed here. This is a deeply troubling evolution of the investigation in my opinion and raises really serious civil liberty issues. The relationship between a public official and a journalist of itself cannot be criminal. |
| "Indeed, this was precisely the issue in the Damian Green debacle following which the director of public prosecutions published his reasons for not prosecuting him. He made clear that, unless there was evidence of 'damage', what this amounted to was a disciplinary or civil matter. There is a threshold and it is a high one." | "Indeed, this was precisely the issue in the Damian Green debacle following which the director of public prosecutions published his reasons for not prosecuting him. He made clear that, unless there was evidence of 'damage', what this amounted to was a disciplinary or civil matter. There is a threshold and it is a high one." |
| Green, then an opposition MP, was arrested with a civil servant on suspicion of leaking confidential information to national newspapers. | Green, then an opposition MP, was arrested with a civil servant on suspicion of leaking confidential information to national newspapers. |
| The CPS did not charge him. At that time the DPP noted that where the alleged misconduct in question was the leaking of information to an opposition MP and, apparently through him, to a national newspaper, the bar to prosecution had to be set higher because of Article 10 (1) of the European convention on human rights, which protects the freedom of the press. | The CPS did not charge him. At that time the DPP noted that where the alleged misconduct in question was the leaking of information to an opposition MP and, apparently through him, to a national newspaper, the bar to prosecution had to be set higher because of Article 10 (1) of the European convention on human rights, which protects the freedom of the press. |
| He added: "As a result, any criminal proceedings which restrict the ability of the press to publish information and ideas on matters of public interest calls for the closest scrutiny. | He added: "As a result, any criminal proceedings which restrict the ability of the press to publish information and ideas on matters of public interest calls for the closest scrutiny. |
| "In particular, the need for a criminal prosecution must be convincingly established." | "In particular, the need for a criminal prosecution must be convincingly established." |
| As well as the Elveden arrests, other officers are the subject of disciplinary investigations. Two have been suspended over claims of passing information to journalists and face misconduct panels. | As well as the Elveden arrests, other officers are the subject of disciplinary investigations. Two have been suspended over claims of passing information to journalists and face misconduct panels. |
| One officer is facing a gross misconduct hearing for apparently sending three text messages to a News International journalist. None contained confidential information. | One officer is facing a gross misconduct hearing for apparently sending three text messages to a News International journalist. None contained confidential information. |
| The officer has been accused of "attempting to supply a journalist" with information – and has complained the nature of her suspension was unnecessary and intimidating. | The officer has been accused of "attempting to supply a journalist" with information – and has complained the nature of her suspension was unnecessary and intimidating. |
| Julian Panayiotou, of the Independent Police Support Group, which represents police whistleblowers, said his group had had several inquiries and was supporting an officer in relation to Elveden. He said: "Officers are being frightened into not speaking to journalists. This will act as a deterrent to other officers coming forward to report corruption in the police. The systems in place in police forces and the IPCC for dealing with public interest disclosures are not trusted and ineffective." | Julian Panayiotou, of the Independent Police Support Group, which represents police whistleblowers, said his group had had several inquiries and was supporting an officer in relation to Elveden. He said: "Officers are being frightened into not speaking to journalists. This will act as a deterrent to other officers coming forward to report corruption in the police. The systems in place in police forces and the IPCC for dealing with public interest disclosures are not trusted and ineffective." |
| The Met has received a formal complaint about the conduct of officers from Elveden and the use of the Police and Criminal Evidence Act during the arrest of two public officials. | The Met has received a formal complaint about the conduct of officers from Elveden and the use of the Police and Criminal Evidence Act during the arrest of two public officials. |
| Mark Spragg, a lawyer who successfully sued Essex police for unlawful arrest on behalf of Lord Hanningfield, said: "The police on this inquiry have got to be very much more careful. I can see they want to secure evidence but they must have reasonable grounds to arrest someone at 5am. | Mark Spragg, a lawyer who successfully sued Essex police for unlawful arrest on behalf of Lord Hanningfield, said: "The police on this inquiry have got to be very much more careful. I can see they want to secure evidence but they must have reasonable grounds to arrest someone at 5am. |
| "They do it because it's exciting to bash someone's door in at dawn and find someone in bed with their wife, and make her get up and get dressed in front of them. But I think the police will find they have got a problem with all this." | "They do it because it's exciting to bash someone's door in at dawn and find someone in bed with their wife, and make her get up and get dressed in front of them. But I think the police will find they have got a problem with all this." |
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