1 Introduction
What this Report is about
1. At about 2.08 pm on Thursday 27 November 2008,
officers from SO15, the Counter Terrorism Command of the Metropolitan
Police Service (MPS), began a search of the offices of Damian
Green, the Member of Parliament for Ashford, in Portcullis House
on the Parliamentary Estate.
2. Our terms of reference, as set out in an Order
of the House of 13 July 2009, are to review the internal processes
of the House administration for the granting of permission for
the search of a Member's office on the Parliamentary Estate by
the police and the seizure of material therein, to consider any
matter relating to privilege arising from the police operation,
and to make recommendations for the future.
3. This Report examines the background to the
police search, and its aftermath. We comment upon the conduct
of certain persons, and we make recommendations for the future.
In addition to the oral and written evidence taken by this Committee,
we have benefitted greatly from four earlier reports on aspects
of the matter before us:
Fourth Report of Session 2008-09 from the House of
Commons Home Affairs Committee, Policing Process of Home Office
Leaks Inquiry, HC 157, published 16 April 2009[1]
Tenth Report of Session 2008-09 from the House of
Commons Public Administration Committee, Leaks and Whistleblowing
in Whitehall, HC 83, published 10 August 2009[2]
Her Majesty's Inspector of Constabulary Review of
the lessons learned from the Metropolitan Police Service's investigation
of Home Office leaks, by Denis O'Connor, Her Majesty's Chief Inspector
of Constabulary (the O'Connor Report) published 12 October 2009[3]
Review of Operation Miser by (now Sir) Ian Johnston,
Head of ACPO Crime Business Area and Chief Constable of British
Transport Police, dated 14 December 2008 (the Johnston Report),
published 12 October 2009.[4]
4. Parliamentary privilege is an essential and
sometimes misunderstood component of the British constitution.
It is essential for Members of Parliament to be free from the
threat of prosecution for what they say in Parliament, and for
Parliament itself to control its own proceedings and its own premises,
in order to fulfil its democratic function. There is no personal
immunity from the criminal law for a person just because they
are a Member of Parliament. How to reconcile freedom and responsibility
remains as topical a subject now as at any time in the past centuries
of democratic development in this country.
5. It is necessary to examine each link in the
chain that led from some Home Office leaks to the Metropolitan
Police search of a Member's office in Parliament. It may help
if we indicate in short form the sequence of the principal events:
TIMELINE
| Wednesday 8 October 2008
| Chris Wright, Cabinet Office, writes to Assistant Commissioner Robert Quick
|
| Wednesday 29 October 2008
| Chris Wright writes to Deputy Assistant Commissioner Cressida Dick
|
| Wednesday 19 November 2008
| Christopher Galley arrested
|
| Wednesday 26 November 2008
| Serjeant at Arms talks privately to Speaker
Police "Gold Group" meets twice
Police visit Serjeant at Arms
Serjeant at Arms calls on Clerk of the House
Serjeant at Arms completes conversation with police
Serjeant at Arms phones Speaker
Prorogation of Parliament
|
| Thursday 27 November 2008
| Serjeant at Arms phones Speaker
Serjeant at Arms signs consent form
Damian Green arrested
Damian Green's parliamentary office searched by police
Clerk of the House summons Serjeant at Arms
Speaker's Office phones Speaker
|
| Wednesday 3 December 2008
| State Opening
Speaker makes statement to the House
|
| Monday 8 December 2008 |
Speaker issues Protocol
House votes to establish Committee
|
| Thursday 2 April 2009 |
Last sift by House officials of material seized by police to indentify proceedings in Parliament
|
| Thursday 9 April 2009 |
Metropolitan Police pass file to Director of Public Prosecutions
|
| Thursday 16 April 2009 |
Director of Public Prosecutions announces decision not to charge either Christopher Galley or Damian Green
|
6. At the outset of his evidence to this Committee
Malcolm Jack, the Clerk of the House and Chief Executive of the
House of Commons Service, made an apology without reservation—
I would like to put something on the record because
this is the first opportunity I have had to say anything in public.
As head of the House service I would like to say that I am sorry
that this matter was not better handled. I think I ought to put
that on record. I hope the Committee will accept that apology.
In accepting the apology, I hope the Committee will also accept
from me, and I am sure that many Members here will recognise what
I am going to say, that the staff here are very loyal; loyalty
is one of the main characteristics of the House staff. They act,
to the best of their abilities in good faith and impartially.
I just thought I ought to put that on the record as the head of
the service but I make the apology without reservation.[5]
7. The Serjeant at Arms, Jill Pay, also apologised
at the commencement of her evidence—
I assure the Committee that I acted in good faith
and I take full responsibility for my actions. However, I am very
sorry that my actions have caused anxiety and distress among Members.
With hindsight it is clear to me that I should not have accepted
the duty of confidentiality placed on me by the police. I should
have discussed the matter fully with the Clerk of the House on
the evening of Wednesday 26 November, after I met with the investigating
police officers. I deeply regret that error of judgment.[6]
8. It is also important to underline that, while
the civil servant in the case was dismissed for gross misconduct,
criminal charges were not brought against him or against Damian
Green who is in law entirely innocent in this matter.
1 Cited in footnotes to this Report as HAC Report Back
2
Cited in footnotes to this Report as PASC Report Back
3
Cited in footnotes to this Report as O'Connor Report Back
4
Cited in footnotes to this Report as Johnston Report; the Review
of Operation Miser, dated 14 December 2008, was published in slightly
redacted form on 12 October 2009 as Annex A to HMIC Review of
the lessons learned from the Metropolitan Police Service's investigation
of Home Office leaks (the O'Connor Report) - most of the redactions
are of names of officials below ACPO (Association of Chief Police
Officers) rank and also cover legal advice and certain other sensitive
matters. Back
5
Q 216 Back
6
Q 699 Back
| 
