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Police swoop on MP ‘wasn’t lawful’
Joe Murphy, Political Editor03.12.08
Scotland Yard had no search warrant to raid MP Damian Green's office, the Evening Standard reveals today.
Leading QC Geoffrey Robertson said the raid was therefore unlawful.
He said: "It was an unlawful search and Mr Green should be able to obtain substantial damages from the Metropolitan Police for this ignorant blunder."
Detectives who searched through files and removed computer equipment relied on a letter from a senior Commons official for authority to carry out the raid.
Scotland Yard was insisting that the written consent of the Serjeant at Arms, Jill Pay, was enough to give them full authority. However, some constitutional experts said the explicit consent of the Speaker, Michael Martin, would have been required. Until today Scotland Yard had maintained that it had search warrants for all four addresses that were searched last week.
But speaking to the Metropolitan Police Authority, acting commissioner Sir Paul Stephenson said only three warrants were actually obtained.
A Met spokesman added: "The written authority to conduct a consensual search was obtained from the Serjeant at Arms."
Mr Robertson said the Speaker and Mr Green himself would have had to give consent for the search in the absence of a warrant. He argued that parliamentary privilege overrode ordinary laws.
The disclosure adds more pressure on the Speaker to explain why police were allowed to simply enter the office of an elected Member of Parliament. Without a warrant, he could simply have refused entry - just as any householder can deny police permission to search their home or office.
A Tory spokesman confirmed that the MP had not given his consent but Mr Martin's spokesman refused to answer questions. Scotland Yard sources insisted Ms Pay's permission was enough and said that she took legal advice before writing her letter.
One constitutional expert said the police were right and that it would have been wrong for the Speaker to stand in their way.
A Scotland Yard source said that under the Police and Criminal Evidence Act, a search warrant cannot be obtained if consent for a search had already been given.
Home Secretary Jacqui Smith lashed out at the Tories for lacking "respect" for the law. She angrily dismissed suggestions that she was not being straight with the public over what she knew about the investigation before Mr Green's arrest last Thursday.
A former chief prosecutor attacked the handling of the police inquiry. Sir Ken Macdonald, who stood down as Director of Public Prosecutions just weeks ago, told Newsnight he seriously doubted whether any convictions would result.
He also suggested the Met had blundered by failing to properly consult with the Crown Prosecution Service. Sir Ken said the Met should have consulted the current DPP, Keir Starmer. "If the police proceed in a case which is this sensitive without consulting prosecutors, then things will go wrong," he told the programme.
Reader views (15)
Shock, horror, the police lied. Who'd have thought they do something like that eh?
- Derek, London
If the police are free violate Parliament in the support of their political masters , what hope for the rest of us?
- Brian Edmonds, Farnham UK
No warrant, no search. If they had 3, they most certainly applied for 4, but probably refused.
Typical of Martin's office to agree, having been told previously as in Labour's interest to try and embarrass.
Given the badly holed rustbucket of No 10, can we now expect a search of Brown's premises to prove leaks? I think not and Martin, being partisan, would refuse.
As to the observance of law, it would not surprise me to find she was behind this seach. She has leaked before, how about a search on her properties, and disclosure.
MPs get a lot of confidential information, which they do not disclose, quite rightly in some instances. It must be a precedent that if there is any leak, from anyone, of any info, there must be a search, and that includes Brown, Darling and mad Mandy, by the police. Jeez, a permanent police presence in the House, with dozens of 'hocifers' ferreting through govt paperwork, and prosecutions for porkies?? Fascinating.....!
- Hugh, Middx
Mr Brown said: "You cannot pick and choose whether you support the operational independence of the police. You either support it or you do not support it."
Mr Brown ought to have said, "You cannot pick and choose whether you support the operational independence of parliament and MPs. You either support it or you do not support it."
Clearly, Mr Brown does not support the operational independence of parliament and MPs, nor does he support the civil rights and freedom of the people, as has been shown by his extreme measures against them. We must be rid of this Prime Minister and government before we lose everything our forbears have fought for. In the name of God, be gone.
- Stan E., Derby, UK
Whitewash! Labour playing Nixon politics. Michael Martin relished with glee the prospect of a Conservative MP being arrested. He could have intervened and if he were up to the job, the first question that he would have asked is whether there was a search warrant. He did nit care. He , like Bronw, wanted the haedline that a Conservative MP had been arrested. Pathetic! Martin is making feeble excuses and passing the blame to his feeble underling. He is an absurd lying little toad, who should be forced from office. Why wait for a resignatioin.
- Karen, London
There seems to be no end to this politically motivated and orchestrated litany of lies. It is high time Jacqui Smith's head rolled, along with that of Michael Martin and ultimately Gordon Brown. Labour's behaviour of late has become worse than that of a bunch of misbehaved kindergarten children. I simply have no patience anymore listening to Jacqui Smith, Michael Martin and Gordon Brown waving the "we didn't know about it" flag. No backbone, no stomach for the job - if you didn't know, then its your job that should go.
- Paul, London
jacqui smith must resign
- Josh, london
This is appalling. The first question Martin should have asked is 'do the police have a search warrant?' On finding out they didn't he should have personally escorted them off the premises. The man is clearly, now, unfit to hold such an important position. It would have been bad enough had he authorised the move- but it's even worse he didn't and didn't use basic common sense to prevent it from happening. Martin doesn't seem a malicious bloke- far from it- but in terms of competence he has proved time and time again to be a bungling embarrassment. MPs should pass a vote of no confidence in him- not out of spite, but rather a desire to improve the current poor state of things since Martin assumed his position. He is clearly not up to the job- just as Estelle Morris famously said she wasn't up to hers. She was honest enough to quit- it's time Martin had a similar perspective and did the same.
- Richard, Haringey, London, UK
I didn't think the anti terrorist police needed a warrant?
- Kev, London
Of course it was not. But will any of the Nu Labor people be fired? Of course not - they will continue an un-elected bunch.
- Martin O, London, NW1,
If they turned up mob-handed without a warrant, they must have been pretty confident they wouldn't be sent away with a flea in their collective ear. Does this mean that they received advance notice that they would have no problem accessing his office? This whole story gets more insane by the day.
- Peter, Pirot, Serbia
Did they raided his home without a warrant as well ? Clearly the police are out of control. The Home Secretary should resign now. Would a more senior and confident Serjeant at Arms, such as the previous incumbent a Major General, have stood up to the police or at least informed Speaker Martin ? You could bet on that.
- Peter Haldane, London
If this story is true, which I don't doubt, then the Met and the senior officer supervising the search are in considerable difficulty. When I first read the details of this story I was highly surprised they had searched the MPs Parliamentary office, as the arrest took place at his home address. Without the appropriate warrant, or consent, the police had no further powers to search his office. I doubt very much whether the Speaker of the House, or the Serjeant at Arms, has the power to authorise such a search. In my experience this whole misunderstanding of arrest and search powers is not untypical of 'specialist' officers, and such errors happen quite often, but are usually corrected at an early stage following consultation with uniformed inspectors or sergeants.
- Pete, Croydon Uk
This is what happens when senior police officers on the make try to suck up to their political bosses, encouraged by the "sod the law, we'll do anything at all for electoral advantage" culture of those same political bosses.
- Sam, Basingstoke, England
No warrant eh! Expect more of these swoops now Mandelson is back running the show.
AC
- Aristotle Cohen, London, UK
