APPENDIX II
SPEAKER'S STATEMENT (3 DECEMBER 2008)
Mr Speaker: I wish to make a statement
to the House about the arrest and entry into the offices of the
hon. Member for Ashford (Damian Green) last Thursday, 27 November,
which raises a subject of grave concern to all Members of the
House.
In the past few days there has been much pressure
on me to make public comment about these matters, but I felt that
it was right and fitting that I should make no comment until Parliament
reconvenes, because it is this House and this House alone that
I serve, as well as being accountable for the actions of its Officers.
I should emphasise from the start that it is not for me to comment
on the allegations that have been made against the hon. Member
or on the disposal of those allegations in the judicial process.
I should also remind the House, as stated in
chapter 7 of Erskine May, that parliamentary privilege
has never prevented the operation of the criminal law. [Interruption.]
Order. The Joint Committee on Parliamentary Privilege in its
authoritative report in 1999 said that the precincts of the House
are not and should not be
"a haven from the law".
There is therefore no special restriction on
the police searching the parliamentary precincts in the course
of a criminal proceedingnor has there ever been.
On Wednesday last, the Metropolitan police informed
the Serjeant at Arms that an arrest was contemplated, but did
not disclose the identity of the Member. I was told in the strictest
confidence by her that a Member might be arrested and charged,
but no further details were given to me. I was told that they
might be forthcoming the next morning.
At 7 am on Thursday, police called upon the
Serjeant at Arms and explained the background to the case, and
disclosed to the Serjeant the identity of the Member. The Serjeant
at Arms called me, told me the Member's name and said that a search
might take place of his offices in the House. I was not told that
the police did not have a warrant. [Hon. Members: "Ah!"]
Order. I have been told that the police did not explain, as they
are required to do, that the Serjeant was not obliged to consent,
or that a warrant could have been insisted upon. [Interruption.]
Order. Let me make the statement. I regret that a consent
form was then signed by the Serjeant at Arms, without consulting
the Clerk of the House.
I must make it clear to the House
[Interruption.] Order. 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. I did not personally
authorise the search. It was later that evening that I was told
that the search had gone ahead only on the basis of a consent
form. I further regret that I was formally told by the police
only yesterday, by letter from Assistant Commissioner Robert Quick,
that the hon. Member was arrested on 27 November on suspicion
of conspiring to commit misconduct in public office and on suspicion
of aiding and abetting misconduct in public office.
I have reviewed the handling of this matter.
From now on, a warrant will always be required when a search[Hon.
Members: "Oh!"] Order. If the hon. Gentleman will let
me finishI have waited for four days. Some have been able
to go on television; I have not had that luxury. I have not been
able to speak to the media. A warrant will always be required
when a search of a Member's office, or access to a Member's parliamentary
papers, is sought. Every case must be referred for my personal
decision, as it is my responsibility. All this will be made clear
in a protocol issued under my name to all hon. Members.
Lastly, I have decided, myself, to refer the
matter of the seizure by police of material belonging to the hon.
Member for Ashford to a Committee of seven senior and experienced
Members, nominated by me, to report as soon as possible. I expect
the motion necessary to establish this Committee to be tabled
by the Government for debate on Monday. I also expect a report
of the Committee to be debated by this House as soon as possible
thereafter.
SPEAKER'S STATEMENT (9 DECEMBER 2008)
Mr Speaker: I undertook to look into
the matter of the Wilson doctrine and access to the House of Commons
server, which was raised by the hon. Member for Newbury (Mr Benyon)
on 4 December. The Parliamentary Information and Communications
Technology service takes the security of its systems very seriously,
and is grateful for the support that the Joint Committee on Security,
the Administration Committee and the Commission give in that respect.
PICT would not allow any third party to access the parliamentary
network without proper authority. In the Commons, such access
previously required the approval of the Serjeant at Arms. Following
my statement on 3 December, if PICT receives any requests to allow
access in future, it will also seek confirmation that a warrant
exists and that I have approved such access under the procedure
laid down and the protocol issued yesterday.
With regard to the incident involving the hon. Member
for Ashford (Damian Green), no access was given to data held on
the server, as PICT was not instructed to do so by the Serjeant
at Arms. No access will be given unless a warrant exists and I
approve such access.
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