Memorandum from Chief Superintendent Ed
Bateman, Head of Security, Palace of Westminster
1. I have been asked to make a record of my
involvement in the arrest of Damian Green MP and the search of
his private parliamentary office at rooms 441-443 Portcullis House
at the Palace of Westminster on the afternoon of Thursday 27 November
2008.
2. Since November 2007, I have been the Head of Security
at the Palace of Westminster. As the officer in charge of the
Metropolitan Police Service (MPS) Security Force, my role is to
work with the Serjeant at Arms (Commons), Black Rod (Lords) and
the Parliamentary Security Coordinator to provide a safe and secure
environment within Parliament.
3. Part of this role is to provide an interface
between Parliament and the MPS. A recent example was the February
2008 "Plane Stupid" demonstration on the roof of Parliament
that led to me facilitating on separate occasions meetings or
conversations between Serjeant at Arms Jill Pay and the investigating
officers and Black Rod and the investigation officers. In the
case of the "Plane Stupid" intrusion, Jill Pay, with
the consent of the Member involved, authorised officers to enter
and search an MP's office in Portcullis House for evidence of
an offence allegedly committed by a researcher. A more recent
example of this side of my role involved Members and Peers' expenses
when, following a request from the House, I facilitated an introductory
meeting between officials and police. In most cases, once I have
brought parties together I withdraw as I am not part of the investigation
team and my personal involvement becomes unnecessary. Cases often
involve high degrees of confidentiality.
4. On Thursday 20 November 2008 at 1700 I met
with a detective sergeant from the MPS Counter Terrorism Command
(SO15) at Portcullis House SW1. The officer asked me a series
of hypothetical questions concerning the arrest of an MP. Specifically,
our conversation was focussed on the likely view of the Serjeant
at Arms to a request to search a Member's private offices within
the building. The officer did not provide details of who the MP
was, their party, or of the allegation being investigated. I agreed
to speak with Jill Pay to seek out her view.
5. I met with Jill Pay later that evening and
rehearsed the same conversation. I advised Serjeant at Arms Jill
Pay that the CPS were considering police investigation evidence
concerning an MP. The MPS expected to receive advice concerning
the offences being investigated the following week. Jill Pay provided
a "provisional" opinion that she would have the authority
to grant consent to search a Member's office were they being investigated
for a criminal offence.
6. Following the meeting I contacted the officer
who had visited me at Portcullis House and informed him of Jill
Pay's view.
7. I met again with Serjeant at Arms Jill Pay
on a number of occasions between 20 November and 26 November on
unrelated matters. On several of those occasions Jill asked me
whether the MPS had received the CPS advice. Whilst I do not recall
whether it was at our first meeting on 20 November or a later
discussion before 26 November, we did have a detailed conversation
as to why the MPS were approaching the House seeking consent to
search as opposed to immediately applying to a magistrate to secure
a warrant. It was, and remains, my understanding that Jill Pay
was very clear that a warrant was unlikely to be granted by a
magistrate unless it could be shown that a person on the premises
with the authority to provide consent was either unavailable or
refused to do it. My recollection is that Jill Pay was aware that
the MPS were content and prepared to seek a search warrant from
a magistrate, if necessary, but could not do so until the House
had considered its position and declined to consent.
8. Again, whilst I am not able to say definitely
on what day the conversation took place, I can confirm that I
told the Serjeant at Arms in one of our earlier conversations
that although the investigation was being conducted by officers
from the Counter Terrorism Branch, it was not terrorist related.
This was explained to me by the SO15 detective sergeant on 20
November and I was authorised to share the information with Jill
Pay.
9. I am aware from reading evidence already
given to the Committee that it has been suggested that I may have
coerced the Serjeant at Arms into not including her senior colleagues
in the information given her in confidence during the week of
20-27 November 2008. That was never my intention. Indeed, I approached
the Serjeant at Arms on the evening of 20 November in the knowledge
and belief that she would consult colleagues before coming to
a decision as to whether or not the House would consent to a search
of a Member's office following their arrest. It was my understanding
throughout that period that the Serjeant at Arms was applying
for and receiving appropriate advice from senior colleagues. I
do not have a relationship with the senior Clerks to the Houses,
Speaker, or Lord Speaker, other than through the offices of the
Serjeant at Arms or Black Rod. I would never assume to be in a
position to direct or influence with whom or how the Serjeant
at Arms performed her role.
10. I do not recall advising Jill Pay that she
did not have to consent. However, because Jill Pay had understood
the position that the MPS would approach a magistrate and apply
for a search warrant in the absence of consent, my presumption
was that, knowing the alternative, she knew that she did not have
to consent to the search.
11. On Wednesday 26 November together with a
detective chief inspector, a detective inspector, and the detective
sergeant I had met on 20 November I met with Jill Pay in her office.
The DCI began by informing Jill Pay that the MPS were investigating
a sensitive allegation involving an MP. Jill Pay confirmed that
wherever a Member had an office on the estate, it would be regarded
as "the Commons" and was therefore under her jurisdiction.
12. The officers repeated the earlier asked
question concerning whether she could/would give authority to
search an MP's office if they were arrested for a criminal offence.
The detective inspector set out clearly why they were seeking
consent as opposed to relying upon a warrant. They explained that
the issue focussed on the fact that there was an authorised person
(the Serjeant at Arms) on premises able to grant consent. There
was a discussion with Jill Pay concerning "from where"
the Serjeant gets authority to search parts of the Commons. I
also recall the detective inspector speaking on a mobile telephone
to MPS lawyers. Jill Pay then left the room stating she would
seek legal advice. Approximately 10 minutes later, Jill Pay returned
informing the room that she would have the authority to authorise
such a search. From subsequent conversations with Jill Pay, I
am aware that the advice was taken directly from the Clerk to
the House of Commons, Dr Malcolm Jack. Jill Pay was emphatic that
she would need to include Mr Speaker before any arrest and search.
The DCI declined to provide the name of the MP or of the alleged
offence. The meeting then agreed that the detective sergeant would
return at 0645 on 27 November, with me, to brief Jill Pay and
provide details of the MP and of the allegation. This would be
immediately before arrest. Jill Pay stated that she would put
Mr Speaker on standby to receive a telephone call from her at
0730.
13. On Thursday 27 November at 0650 myself,
the detective sergeant and two further officers met with Jill
Pay at her private apartments within Parliament. The detective
sergeant informed her that Damian Green was the Member being investigated
and provided details of the allegation. An officer explained the
"Premises Searched" form. Jill Pay listened and at one
point repeated the conversation of the previous day explaining
that "she was consenting as she understood that applying
for a warrant in these circumstances was unlikely to succeed".
By this I mean that it was believed that the court would not grant
a warrant unless police could demonstrate that they had sought
the consent of the Palace of Westminster and that this consent
had been refused. Jill Pay signed the form consenting to the search.
At no time was Jill Pay told that she had to consent or was this
fact inferred. Jill Pay was in control of the meeting and we (the
police) were there to brief her.
14. Jill Pay was informed that the arrest would
be delayed possibly until mid morning due to dignity and proportionality
issues. Jill Pay took notes with a view to briefing the Speaker
by telephone at 0730. Jill Pay informed the group that the Speaker
was leaving his apartments at 0740 to catch a plane to Scotland.
Jill Pay rehearsed her briefing in front of the group. It was
agreed that Jill Pay would only give very brief facts and that
an officer would listen to her conversation. At 0730 Jill Pay
rang Mr Speaker from the next-door room. The detective sergeant
stood at the door to the room (although I could also hear the
conversation). Jill Pay told the Speaker the MP's details, the
exact wording of the allegation, a brief context including that
it concerned a "Whitehall leak" and the fact that she
was authorising a search of his private office. The call lasted
less than one minute. She then returned to room. Jill Pay said
that Mr Speaker had asked no questions but had said that Damian
Green was a "nice man".
15. At about 1450 on 27 November I received
a telephone call from the detective sergeant stating that an MP
and a second person had entered Damian Green's office whilst it
was being searched and filmed the scene and conversation. They
were still there during our conversation. I was at New Scotland
Yard but immediately contacted Jill Pay by mobile telephone and
asked her to intervene. I received an e-mail from Jill Pay at
1641 stating that she had subsequently challenged the Member concerning
his actions. Jill Pay informed me that she had formally asked
him to return the tape from the camera. The Member stated that
it had already left the estate.
16. In support of the consent given at 0730,
Jill Pay later confirmed her decision in a letter dated 27 November
sent to the detective sergeant and copied-in to me.
16 November 2009
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