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Tearful Speaker admits blunders over raid
JOE MURPHY, POLITICAL EDITOR03.12.08
Police had no warrant to search the parliamentary office of Tory MP Damian Green, the House of Commons Speaker admitted this afternoon.
MPs cried "shame" at the revelation during an emotional statement made by Michael Martin from the Speaker's chair to a packed Commons.
His voice quavering, Mr Martin appeared close to tears as he repeatedly voiced "regret" for the mistakes made by his officials during the probe.
Mr Green, shadow immigration minister, was arrested and held for nine hours last Thursday as part of a police inquiry into Home Office leaks.
Fighting to save his own neck - with MPs saying he may have to resign - he threw the blame at his senior official, Serjeant at Arms Jill Pay, and at Scotland Yard. "I was not told that the police did not have a warrant," Mr Martin said, implying that Ms Pay had let him down. "I did not personally authorise the search," he added.
He also attacked Scotland Yard's handling of the affair - leaving MPs asking whether the search was even lawful. "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 on,” he said. MPs on all sides looked thunderstruck.
But Mr Martin was left struggling to retain his credibility as the senior authority in the Commons who presides over debates and rules on parliamentary procedure.
He admitted he was told seven hours before the search that it would take place but failed to question the legality of the search or ask if the police had a warrant. Nor did he question whether the search of confidential parliamentary files was justified by the police hunt for a Home Office leaker who had fed documents to Mr Green.
After the statement, MPs said they doubted if the Speaker could survive in his post beyond the next election.
A Tory MP called on Mr Martin to resign tonight. Douglas Carswell said of the Speaker's performance: “Ludicrous. Utterly indefensible performance. He blames Serjeant at Arms for not telling him. He blames police for not having a warrant, or telling him. His failure, no one else's.”
The astonishing catalogue of blunders threatened Ms Pay, the first woman Serjeant, and also the promotion prospects of the head of the Met investigation, Bob Quick.
Top QC Geoffrey Robertson said the raid was unlawful and he advised Mr Green to sue. “It was an unlawful search and Mr Green should be able to obtain substantial damages from the Metropolitan Police for this ignorant blunder,” he said.
Until today Scotland Yard had wrongly claimed that a search warrant had been issued for Mr Green's Commons office, as it was for his two homes and constituency office.
The real situation was exclusively disclosed in earlier editions of today's Standard — but still came as a shock to MPs in the House. Labour MP David Winnick said the police should be dragged before the House to explain themselves. “All that you have said makes me all the more convinced that what took place was totally without any justification whatsoever,” he told Mr Martin.
“I would like to see those senior police officers involved come to the bar of the House to explain their conduct.”
Police took away Mr Green's computer, containing constituency casework, seized his mobile phone and disconnected his home phone. They also trawled through confidential files, seeking evidence of collusion with the alleged mole, Christopher Galley.
Explaining what happened for the first time, Mr Martin told MPs that Ms Pay signed a form consenting to the search without consulting the Clerk of the House, its senior legal adviser.
He went on: “I must make it clear to the House that I wasn't asked the question of whether consent should be given or whether a warrant should have been insisted on.
“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 Mr Green 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.”
But MPs said Mr Martin had damned himself because his words suggested he let the search go ahead without asking any awkward questions.
To Tory jeers, he added: “I have reviewed the handling of this matter. From now on a warrant will always be required when a search is sought.” Protesting at the hecklers he appealed: “Let me finish. I've waited for four days. Some have been able to go on television. I've not had that luxury.” MPs reacted with incredulity and anger. Former Tory leader Michael Howard told Mr Martin: “You sir, of course, will readily appreciate the outrage which was felt in all sides of the House.”
Former Liberal Democrat leader Sir Menzies Campbell called for maximum powers to be given to a special committee set up by Mr Martin to probe the affair. Labour former home secretary John Reid said the arrest raised “grave issues” — but said MPs could not be above the law and the police should be free to investigate alleged crimes.
Labour's Denis MacShane said: “There is widespread concern across the House.” But he accused the Conservatives of conspiring with the leaker. Former Tory leader Iain Duncan Smith claimed the Government was implicated in the police raid.
Earlier, speaking at City Hall, acting Met chief Sir Paul Stephenson robustly defended the force's handling of the investigation.
“The police must be able to act without fear or favour in any investigation,” he said. “It is our duty to follow the evidence, wherever that may take us.”
Reader views (43)
Here's a sample of the latest views published.
RESIGN !
But who is competent to take over.
- Bernard Parke, GUILDFORD
The buck stops with jaqui spliff, go now, and take gordon frown with you!!!
- Frank, stoke on trent uk
Speaker Martin is one of the faces of the worst Government ever seen in this Country. They are without doubt corrupt, they lie to use daily, and they are quite simply useless. Who could have guessed that in 11 very long years anyone could be capable of destroying a nation and its natives. I have absolutely no respect for them and little for the Opposition whom have let this scheming pathetic joke of a political party take away our rights and freedoms. The so called professional politicians of today are not fit to clean the boots of the people who have died for this Country. You are scum.
- Roger, Surrey.
First; is it not common knowledge that the police need a warrant to search your property? Second; this begs the question as to what sort of people are now employed in the Serjeant-at-Arms dept, if the Serjeant-at-Arms herself was not aware that a warrant would be required (at the very least) before police could search the parlimentary office of an MP. I am truly lost for words. This is just another example which indicates the level of incompetence with which our goverment depts are now being run. However, The Speaker cannot hide behind other people in all this. It's an understatement to say that his explanation was weak. He should have ensured that the police had a warrant. He himself undermined the department when he dismantled it and handed over powers to managerial staff, which is another New Labour trait. Remember, we are talking about the compliance procedures of the Houses of Parliment here, not a small company. He didn't do his job properly. He should go. Meanwhile, all opposition MPs, in theory, are at risk from having their offices raided until they are assured that proper procedures will be followed in future. A public enquiry is essential. It's also not good enough for Gordon Brown and Jacqui Smith to rattle out that it's a police matter. There are too many serious issues surrounding this episode. I'll sum it up in two words; freedom, democracy.
- Jan, London
Why the hell does everyone in the public eye start crying when it gets tough. Gorbals done it, Ian Blair done it, Michael Vaughan done it. Where's the british stiff upper lip. GET A GRIP YOU NANCIES!
- Richard Chalklin, Cambridge UK
Labour blunders are revealed so they order in the Anti Terror police to intimidate all whistleblowers. Grbals Mick, Gormless Gord, and Useless Smith all lying to cling to power. Their incompetence, corruption and dishonesty put them beside Mugabe.
- Ali, Bethnal Green
Typical NuLiarBorerite, pass the buck and blame someone else when your cushy number is threatened
'Was close to tears', just like another snout in the trough Cherri B Liar when she gave her 'little boy needs an apartment' speech
- Trevn, Abu Dhabi
WTF is happening to my country?
Very sad. What ever happenend to freedom?
- Anthony Cowlam, New York, US
The thing that surprises me most, is that most of the commentators here are so keen to make political capital out of this that they appear to be unconcerned that a very senior police officer (this decision must have been made at the highest level) authorised a raid knowing that no warrant had been obtained. Where are the Conservative calls for police heads to roll?
- Tonyb, Melbourne, Australia
The office of the Speaker was enobled by standing up to Charles I intrusion into the chamber. Today's incumbent must take the responsibility for permission to raid an office within the Palace of Westminster without due cause irrespective of who gave permission. As such, both Speaker & Serjeant should resign to preserve the intergrity of their respective roles.
- Jon, London
Met is very active on invatigating thinks which benefits the public. Information was leaked on public interest. But Met is very weak on preventing thinks affecting the public such as 7/7 and 21/7. Is Britain heading towards a communist state? Countries like Russia and North Korea recieved a great news for them that at last they found a Red State in Europe.
- Muheed Jeeran, Colombo
A bunch of overpaid, underqualified muppets, all heading out the door with big fat pensions courtesy of the UK tax payer, it's an embarrasment for brits abroad everywhere but at least we're not picking up the tab. Don't feel like coming back anytime soon....
- Gavin, Sydney Australia
Labour and Tories alike seem to have run out of scapegoats to pick on Mr Martin. This could so easily been one of their number and if it had been, would have been quickly covered up. Hang in there and fight Mr Martin.
- James, Leicester
'Consider their position'
This people are always considering their position, and how they can keep it under any circumstances.
- Dave Morris, Sunderland
What an absolute cowardly performance ... snivveling barely able to read the Labour prepared speech through his whispering broken voice. I'm sorry but this utter creep passing the buck to someone new in a job is contemptable behavior even for this self agrandising ill educated thug .
- Drowning Not Waving, UK
“Beware of men who cry. It's true that men who cry are sensitive to and in touch with feelings, but the only feelings they tend to be sensitive to and in touch with are their own". Nora Ephron quote.
- Nick, London
Many Labour MPs have commented on this matter, but not the leader of the party. What does Gordon Brown have to say? Why is he silent? Is it because he is implicit and has been warned by his lawyer not to speak on this matter? Is he taking the 5th Amendment against self incrimination?
- R Hall, New York, NY
What an absolute cowardly performance ... snivveling barely able to read the Labour prepared speech through his whispering broken voice. I'm sorry but this utter creep passing the buck to someone new in a job is contemptable behavior even for this self agrandising ill educated thug .
- Drowning Not Waving, UK
I would advise caution before jumping to conlusions. The Speaker has done everything he can to pass the buck to anyone else but him. I would like to hear the Police's side of the timeline over who was told what and when before believing everything that was said today.
Jill Pay must be very comforted to know that she has a Boss so willing to support her.
I believe that one President of the USA had a sign on his desk that said 'The buck stops here'.
The one on the Speakers desk seems to say 'The buck stops anywhere but here'
- David Slack, Southend
Even if the police did lawfully enter the office they were not entitled to search it.
PACE Section 18 does not allow seizure of unrelated material (love letters?). Section 19 does not allow seizure of material that may be legally privileged and Schedule 1 requires the approval of a judge to seize "Special Procedure" material that is regarded as particularly confidential.
My real contempt is reserved for Mr Martin who had every opportunity to prevent the search. He failed to take the most basic steps and instead of accepting responsibility for the failure of his department showed the most cowardly behaviour in the manager's handbook by directly blaming a named junior.
- Paul, Rushden UK
Why are Smith and Martin still in a job?
We do not need cry-babies or liars in government.
- Nobby Clark, Perth, Scotland
Wimpering speaker , doomed economy , the labour party is speeding out of controll down the mountain just enough time left for the grand finally . European banks lending billions to the bankrupt UK are going to insist we drop our pound for the euro. What is gordon waiting for ? He has brought England to its knees , why not just finish it off ?
- Greentea02, london UK
look at you tube and see gordon browns recorded views on leaks
- Lj, empuriabrava spain
Police and Criminal Evidence Act 1984, s.18
Entry and search after arrest
18. - (1) Subject to the following provisions of this section, a constable may enter and search any premises occupied or controlled by a person who is under arrest for an arrestable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates -
(a) to that offence; or
(b) to some other arrestable offence which is connected with or similar to that offence.
(2) A constable may seize and retain anything for which he may search under subsection (1) above.
(3) The power to search conferred by subsection (1) above is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence.
(4) Subject to subsection (5) below, the powers conferred by this section may not be exercised unless an officer of the rank of inspector or above has authorised them in writing.
- Ali, Watford
Jacqui Smith & Michael Martin should be removed from office - JS for her totally arrogant attitude to questions & the '' Abject Failure'' Michael Martin...
OUT!
- John Rellie, Bicester, UK
Michael Martin should go when Betty Boothroyd was in control she was in control .
- Chris Jolliffe, Hungerford England
Quote from Stephenson: “The police must be able to act without fear or favour in any investigation,” he said. “It is our duty to follow the evidence, wherever that may take us.”
But you have to do it WITHIN THE LAW. Thirty-plus years a copper and you haven't learned that yet? Good grief.
- Mike, Canada
Nu Labor guys are good at crying and blaming other people but will he be fired???
- Jacqueline, Hampstead, London
"How very NuLabor; never mind the facts!"
I am sorry to hear you have a problem, Abe. Why would I need to be New labour to point out that leaking private information to a plitical party is reprehensible behaviour. Which party it is doesn't matter. In this case the Tories do not like to have bad publicity for breaking the law3. Too bad, get over ir, Abe
- Keith Price, Luton, England
Some people don’t seem to understand the information being talked about in this case. It was never top secret, it never had any security implications, it wasn’t even confidential and in fact the information should have been in the public domain.
Jacqui Smith was hiding this information for no other reason than it would cause her embarrassment.
- Ian, Reading, England
Sounds like the corps of grease-balls attached to Downing Street are just settling a few old scores with their skillful embroidery and embellishments. And Scotland Yard have fallen for it once again.
- Robert El-Cid,, Hull, East Yorks.,
It should surprise no one, that this bunch of clowns, masquerading as a democratically elected and publically funded oligarchy, should always take the high ground, i.e. its not my fault, let me keep my pension. Mr Darling, aka, Gordon Brown have finally supervised and masterminded the total financial destruction of paddle-boat-UK. If you have ever tried to take a pint of blood from a dead person, then this is the closest you can get. Nothing for nothing. Next thing is we wont have to pay any supermarket bills for 2 years. Get real and quick. We are doomed.
- Colin Bond, London
Nowt to do with me cock. It was Jill and the Plod. Ask GORDON if you dont believe me.
- Geoff, Manchester,England.
Excuse me Keith Price, can you run that past us again please? Are you suggesting that Mr Green was "a mole" and leaked "personal and private documents"? I assume you have some knowledge of what transpired? How very NuLabor; never mind the facts!
- Abe, East Grinstead, UK
If this PM has no clue of the government protocol , he should not be where he is today. Get rid of him.
- David Oozageer, South croydon, surrey
We need good men like Martin. He reminds us off the fact that here in our treasured isle we are ruled by leaders of unmatched honesty, probity, intelligence and competence. He should definitely stay in his post, a post which he has dignified over the years by his creative accounting and his unswerving loyalty to his staff. It is only right and proper that it should be this man, this fine figure of dignity, this exemplar to us all, who precedes Her Majesty when she enters that august shrine to democracy and fair-play, the House
of Commons. Where look down the shades of other great men - Gladstone, Disraeli, Palmerston, Churchill..... all puking as they watch.
- John Problem, hackney wick
A Morran:
"The Conservative Party seem to be getting very upset about the legal niceties of a police search in the Palace of Westminster. Of less concern to them seems to be the apparent breaking of the Official Secrets Act over more than a decade, confidential Government information being leaked, not to the public media, but to a frontbench member of their own party.."
In 1980s one front bench member of the Labour was continuously receiving the leaks and built his reputation while the Labour was in opposition. HE USED THEM IN THE PARLIAMENT AND DID NOT LEAK IT TO THE PUBLIC AS YOU SAY. HIS NAME IS GORDON BROWN
- James, LONDON
This is an unprecedented occurrence at the Palace of Westminster and this little man blames his second-in-command?
- Vanessa, London
very good actor
- Av, london.uk
The arrogance of this government led by MR BROWN knows no bounds. Saying that no person MP or other is above the law is correct. But he does nor address the fundamental question Should the law be used to gag the opposition from revealing information that the government would prefer covered up. In the case of Damien Green why were 9 yes 9 Anti terrorist Police used. Why was Mr Green not detained for 28 days? It would have been 42 if the demented clunking fist had had his way. Independence of Police Yes. Ministerial reponsibility evaded at all costs. Speaker, Home Secretary, above all PM to resign. They are clealy implicated in collusion or at worst incompetence.
- Simon Wells, BRENTWOOD ENGLAND
The Conservative Party seem to be getting very upset about the legal niceties of a police search in the Palace of Westminster. Of less concern to them seems to be the apparent breaking of the Official Secrets Act over more than a decade, confidential Government information being leaked, not to the public media, but to a frontbench member of their own party. Collusion in the breaking of the Act ( over more than a decade) is a damning indictment of those involved.
A more interesting question is: how many Conservative members of Parliament were aware of what had been going on? In my view, any who were are guilty of the most base conduct and contempt for the law, and every one of them should be considering their position.
- A Morran, london, UK
Green was in the wrong not the Speaker. Being a mole and leaking personal and private documents is not as innocent a matter as Mr Cameron would have us believe.
- Keith Price, Luton, England
Oh Wow! Dearie Moi. Passing the bukc as per usual. "It was not I Guv, honest it was somebody else!!
Maybe it is time that Michael Martin, Mr Speaker should consider his future in that post. There certainly will be an ongoing lack of trust by MPs as a result of this Damian Green case. No doubt PM Brown will also try and shift the blame on others.
"Me too Guv, It wus them Nasty Torys wot done it!"
- Uncle Vanya, Chelmsford England
