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Smith rebuked for not challenging raid police
Joe Murphy, Political Editor4 Dec 2008
Home Secretary Jacqui Smith was sharply criticised in the Commons today by her Labour predecessor over the handling of the Damian Green arrest.
Former minister John Reid said he was "surprised" she did not ask the police questions about their investigation leading up to the arrest and detention of the Conservative immigration spokesman. "I have to say I'm surprised you weren't informed that your opposite number, effectively, was about to be arrested," he said.
"I cannot think that if I had been told this had been done, after the event, I would have remained as placid as you have in these circumstances."
He added: "I would have wanted to have been informed and to have expressed a view on it."
His rebuke came as Ms Smith defended herself and the police in a stormy Commons session. She said she would not have intervened even if she had known an MP was to be arrested. "I believe it would have been wholly inappropriate," she said.
But shadow home secretary Dominic Grieve accused her of trying to "wash her hands" of the affair. "This episode has nothing to do with national security and everything to do with political embarrassment," he said.
With questions swirling around the case, Ms Smith indicated that more police investigations into alleged leaks are under way.
Replying to a question from ex-minister John Redwood about a stream of highly sensitive leaks from the Treasury, she said: "There have been other situations where the police have been invited to investigate by the Cabinet Office." Home Office sources confirmed other police probes had been launched.
Mr Green was arrested and held for nine hours while his Commons office, two homes and constituency office, were searched and computers removed by counter-terrorism officers seeking evidence of collusion with a leaker.
Scotland Yard faced embarrassment as it failed to deny fully breaching guidelines when it obtained consent to raid the Commons.
Ms Smith published a letter from assistant commissioner Bob Quick, who is heading the inquiry, which agreed that officers were under an obligation to inform the Serjeant at Arms Jill Pay she did not have to give consent to the search. Mr Quick, attempting to clarify the situation, said:
"The officers ... were satisfied the Serjeant at Arms understood the police had no power to search in the absence of a warrant, and therefore could only do so with her written consent or that of the Speaker."
However, Code B52 of the codes of practice says the police must be explicit. "The person must be clearly informed they are not obliged to consent," the code states.
The apparent breach by his team is a setback for Mr Quick, a contender for the job of Metropolitan Police Commissioner.
John Silverman, professor of criminal justice and media at Bedfordshire University, said the search of Mr Green's office was "unlawful" if the police did not follow procedures. "If the Serjeant at Arms was not informed of that right, the police were clearly in breach of the law and there would be repercussions from that," he told BBC radio.
Officers have been ordered to return computer equipment containing confidential files by Monday. Ms Smith told MPs that "highly classified" documents - actually a low ranking of secrecy - were leaked and there were grounds to believe greater secrets were at risk.
"The sustained level of leaking that had already taken place clearly suggested this could go on, would escalate, and that more information of greater sensitivity could potentially leak," she said.
Reader views (21)
Will no-one rid us of this skirted fool ?
- Clive Allen, Brighton, UK, 05/12/2008 09:33
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In the language and nuance of Parliament, as has been evolved by New Labour over the past 11.5 years; Ms Smith says she knows nothing, but, when did she know it!
- J R J, Ballagarey, 05/12/2008 08:53
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Jaqui Smith did the right thing and stayed out of the incident, and let the police get on with their job. Reid is wrong to interfere in operational policing.
- Dhanraj, Basildon Essex, 05/12/2008 08:23
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Keith from Luton, are you saying therefore that during the Thatcher years the tories were right to hunt down those whistleblowers who were trying to highlight shortcomings in Maggies Gov? Or are you saying it's right for Labour (when in opposition) to use info from Whislteblowers but not the Tories?
- Chaz, Perth, Australia, 05/12/2008 03:33
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Welcome to Jacqui Smith's new police state now called "Banana Republic of the UK" where even Parliament is not respected. Jacqui Smith must be Burma's and Mugabe's most ardent student. Congratulations to her for passing with flying colours. The electorate should teach her what democracy is all about and make sure she is not reelected as MP in Redditch.
- George, London, UK, 04/12/2008 22:39
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Muheed from Colombo, well said sir!
- William, Hampshire, 04/12/2008 21:04
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Yes quite, Brown should fire Smith and then quit himself - none of these fourth raters are fit for office.
- Tom, St. Albans, England, 04/12/2008 20:59
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During the almost 60 years since I was first able to vote, the country has not, in my view, had a Home Secretary as disasterous or as devious as the present holder of that office. It is a reflection on the Prime Minister's leadership that he has kept her in office but that is no doubt only to be expected as he is just about the worst Primer Minister to hold that office in my lifetime.
- David Pounds, Lee on the Solent, UK, 04/12/2008 20:54
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This is shaping up lovely!! Mr Galley the junior Home Office official was arrested and later released on suspicion of misconduct in a public office. Damian Green was subsequently arrested and released for allegedly aiding and abetting Mr Galley. The Met's conduct and behaviour is completely unjustified if this is the sum of the situation, even if the two 'defendents' are eventually charged, tried and convicted of these offences. In this case the main players should all resign immediately. Given however that only a very serious crime would justify the Mets actions and the Government's acceptance indeed defence of it, it is inconceivable that the Home Secretary has not taken every step to ensure that both her staff at the Home Office and the Met police have acted correctly in all aspects of this case thus far in order that she can support them all with the utmost confidence. To this end she must be assured that these actions are consistent with the fact that the police are investigating a far more serious crime in line with the allegations of planting moles, grooming, sytematic leaks of highly sensitive information etc. If this is the case then the Home Office, Police, Miss Smith, Mr Speaker, Serjeant at Arms et al will be completely vindicated..............if not then they should all go. Immediately
- Mighty Biffa, Camberley Surrey, 04/12/2008 20:19
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Dear London,
"Nobody is above the law"?.
That said the "LAW" cannot be above itself?.
It was said by the Speaker of the House of Commons "The police did not tell the people in charge of the Palace of Westminster they did not have a warrant to search", ... sorry have I missed something?.
Should it not be the person in charge of the Palace of Westminster, the Sergeant of Arms to know the basic rules, and ask the police if a search warrant had been granted?.
I watched "LIVE" the statement by The Speaker and even he was shaken but was quick to pass the buck .... What a mess, Parliament makes the law and yet does not know the law?.
The Home Secretary should of been told about what was about to happen, and it beggars belief she did not know ..... where are we going.
Finally,
We the tax payer are paying out huge sums of cash to Ministers,and to people in jobs to do there duty and work they are paid to do, and yet can't carry it out?.
School report ...... must and can do better, if you don't ..... your "FIRED".
- John L., Scarborough N.YKS. U.K., 04/12/2008 20:01
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Jacquis Smith is not fit for office. Brown should fire her.
- Keith Ducain, Nelson, New Zealand., 04/12/2008 18:42
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John Reid, a relatively decent man in the context of politics, has highlighted Smith's shortcomings very fairly and succinctly, presumably at the risk of incurring the wrath of Supreme Commander Brown. To hear this from a Labour MP gives us a rare glimmer of hope as to the future of this country and that Brown's pathological aversion to democratic principles is becoming a serious concern to those in his own party.
- Andrew, Hampton, 04/12/2008 18:39
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What do we expect of egotistical, meglomaniacs. Smith could not care a less. Scoring petty points at someone elses expense is all Smith is interested in. Pathetic minds and pathetic people not worthy of employment. The voters have the government they elected. They make me sick.
- Nigel, Epsom, England., 04/12/2008 18:33
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Labour knows everything from A-Z about this issue. They wants to shame the conservativ party. They dont know this is going to be turns into final nail to the NuLabour coffin. This is the end of Labour rule.
- Muheed Jeeran, Colombo, 04/12/2008 18:27
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What a stumbling pathetic performance from the Home Secretary today. She looked and indeed is totally out of her depth and incompetent. Day by day I watch this shambles of a Government lie to us and hide the truth. I am another voter that will never vote for Labour for the rest of my life.
- Roger, Surrey., 04/12/2008 18:17
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Ms Smith is devious and cannot be trusted in her current role. Obviously has mixed standards.
- Nigel, Epsom, England., 04/12/2008 17:51
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Another absolute fiasco that the Home Office are involved in
Has any single department or Executive function actually operated properly since labour came to power?
My wife and 3 month old child were deported by the Home office after them losing our documents and refusing to acknowledge it despite proof. 2 weeks back in her country of birth and she had her visa sorted and was back home in no time. Our marriage and paperwork were completely legal and above board but because of incompetence by the Home Office I lost thousands in lawyers fees and flights. In their haste to deport my wife and child they lied several times, I have proof, but in the circumstances there is no legal redress as there is no right of appeal other than Human Rights and we 'normal' working people dont qualify there
They have destroyed the rights of most citizens and are seemingly bent on destroying hundreds of years of democratic process eiither through sheer will or complete incompetence - most likely both
There is not one area of government that has not been tainted by the control and inadequacy of their political masters, the Labour party.
I used to vote labour - never, ever, ever, again
- Ged, London, 04/12/2008 17:33
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If Ms Smith told MPs that 'highly classified' documents were involved, then presumably she was trying to say that they were marked SECRET or TOP SECRET or something even more exotic. If not, then she was misleading the House.
- Peter Haldane, London, 04/12/2008 17:19
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Jacqui Smith was right to allow the police to investigate a serious leak of secretsin the Palace of Westminster. David Cameron's standards must be very low if he thinks his shadow minister's actions were right and proper
- Keith Price, Luton, England, 04/12/2008 17:13
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All this waffle indicates Mrs Smith is incompetent and shows Labour in very poor light with regard to the pathetic support accorded to her by her backbenchers.It is most depressing to see this country going fast towards an almost facsist type state.
- Frank, London, 04/12/2008 17:09
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Asked key questions Smith stated she answered in her letter to Bob Quick that she had put in the library. It was checked. Very quickly she was asked the same key question and told her letter did not answer the questions asked. Basically she had lied. She was stuck, made no reply and looked to Speaker Martin who quickly saved her and the Labour Partyh by calling other MP's to ask questions she could answer.
Labour incompetences are exposed by leaks. Labour use Terror police to protect the Labour party and intimidate people checking on Labour activities. This lets them steal access to Conservative private emails and papers. Then Labour Speaker defends the wrongdoers and saves Labour from questions. Shameful.
This is what Mugabe does. Together Brown, Smith and Mugabe are quite comparable, all losers, making a disaster of their country, who lie, blame others and use thugs to intimidate opposition.
- Jim, bow, 04/12/2008 16:58
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