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Martin has failed in his duty and is not fit to hold office says top QC
Paul Waugh, Deputy Political Editor03.12.08
Leading QC Geoffrey Robertson today said that the Commons Speaker had to resign because he had failed in his legal duty to defend Parliament.
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."
Reader views (8)
This is more proof of the incompetence of Gordon Brown.
He cannot even run a police state properly.
- Peter, London
As an English citizen, living overseas at the moment, I am amazed at the sleaze that this Labour government has been allowed to get away with over the past few years. The instances are just too numerous to list here, but I am sure all right-thinking citizens are aware of them. The latest event involving The Speaker and the 'arrest fiasco' should lead all British Citizens to call for an immediate resignation of Brown and his bunch of liars and charlatans called The Labour Party. All national newspapers should headline ALL this party's shortcomings and keep reminding the Brits to get rid of this idiotic bunch in our society. They are simply ruining great Britain.
- Esther Clark, Los Angeles, California
The arrest, now admitted to have been unlawful, of an MP for doing his job by twenty officers in an anti-terror raid, about which both the Prime Minister and Home Secretary claim to have known nothing, sanctioned by the Serjeant at Arms, but not the Speaker of the House, whose job it is to uphold the sanctity of Parliament, because he also claims not to have been told about it?
Yes, Crest of St Peter Port, you DO get what you elect (or, in the case of Gordon Brown whom you do NOT elect!)
Let's hope, after the next General Election, Great Britain will have a Government of ministers, who actually care about this country, its traditions and - most of all - the freedom of its people!
- Stephen, Sheffield, UK
The freedom of our country once again is in question,this time in the Holy Grail of Parliment.
The two men who should have upkept the Sanctuary have badly let the people of this country down.
RESIGN
- Bill Williams, france
Oh dear I wish I had a copy of Eskine May about my person. As I understand it MPs have immunity from arrest but not in relation to a criminal charge. This chap was not arrested and charged, he was only questioned. Either he should have been charged as soon as he got to the police station or released at once. There was no power to keep him for 9 hours on a fishing expedition.
Sad to think that all those constituents who wrote letters have had them sifted by Mr Plod and the latex glove brigade. Data protection does not work at any level but of course woe betide any firm does does not register with the Data Protection Registrar. The registration seems to do no more than give carte blanc to lose data whereas a non registered firm will lose data at their peril!
- Jack Thompson, London
OUT OUT OUT
- Av, london.uk
We used to think British Standards were a beacon for the World. With his failure to resign the speaker firmly ends that era. There is no honour just the squalid Billy Bunter world of "No not me, I wasn't even there when I didn't do it" The country should ensure he and the rest of the shameless rabble gets booted out
- Bill G, Slough
The abject failure of Mr Martin is no surprise. The weakest speaker in living memory put in office by the party supporting the worst post war government. In business you get what you pay for, in politics you get what you elect.
- Crest, St Peter Port
