Martin has failed in his duty and is not fit to hold office says top QC

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The lawyer said that Michael Martin's failure to resist the police's approach last Wednesday night proved that he was not fit to hold the office.

Mr Robertson, founder of Doughty Street chambers, said that the law was clear that the police would require a warrant or the consent of the Speaker to search any MP's office in the Commons.

He said that both Mr Martin and Serjeant at Arms Jill Pay should have resisted the Metropolitan Police requests both on Wednesday and the following day.

"I think it is an abject failure by a man who should now resign. The Speaker is trying to shift the blame when it is part of his job, it is his duty, to refuse the police approach as soon as he first heard about it," Mr Robertson said.

"Sadly, the only people who resign these days are BBC executives. I believe it was his duty to alert the Attorney General and consult the Director of Public Prosecutions to check the position."

Mr Robertston said that the Speaker should have consulted Malcolm Jack, the Clerk of the Commons and chief executive, to check the legality of the police request.

Mr Jack is the legal authority for Parliament and should have been consulted by Ms Pay too before she agreed to the Met's search.

Mr Roberston also ridiculed Mr Martin's claim that he and Ms Pay should have been told by police that consent was needed for the search to go ahead. "That's what every defendant says, blame the police."