It's about much more than warrants

How do you fix a leak? Since he was arrested last Thursday, political talk in Britain has been dominated by the plight of Damian Green, the Tory immigration spokesman held and questioned on suspicion of conspiracy to commit misconduct in public office; and today, Parliament's opening has been dominated by the Speaker's statement about the conduct of his staff in allowing the police to search Green's Commons office without a warrant. It's a great pity that's what MPs are concerned about, because the question of warrants is a small, marginal one. Some commentators on this are as obsessed with warrants as Trouble-all in Jonson's Bartholomew Fair. Here he is in Act 4, Scene 3:
Trouble-all Have you any warrant for this, Gentlemen?
Quarlous, Ha!
Winwife
Trouble-all There must be a warrant had, beleeue it.
Winwife For what?
Trouble-all For whatsoeuer it is, any thing indeede, no matter what.
The police didn't need a warrant to carry out the search; they simply needed consent, which they were rightly given. Parliamentary privilege does not prevent arrests for crimes, and it would be quite wrong not to admit the police to exercise their lawful powers. I'm distinctly unimpressed by the Speaker's statement about this today, as are Iain Dale, Guido Fawkes and Fraser Nelson. Speaker Martin clearly didn't think a search warrant was necessary last week - why should he have? - but now that all this has blown up he is trying to put the Serjeant-at-Arms in the frame. Weak, pathetic and deeply unimpressive, this: if there were any sense in this idea that a warrant should be insisted on (there's not: it's merely a procedural hurdle that's being put forward now, as a sop) then he should have insisted on one last week, rather than bringing it up after the fact, as a way of blaming his staff. Jill Pay, the Serjeant-at-Arms, has done nothing wrong, and should not resign. If anyone in Parliament has failed, it is the Speaker personally.
Politicians sink in the eyes of the public every time they appear to want special, different treatment from the rest of us; and there's a nasty tendency of politicians, especially those in office, to want to protect politicians themselves from legal sanctions while being quite content to see officials like Christopher Galley (the Conservative supporter who fed information to Damian Green) and Jill Pay carry a very big can. When this matter is debated in the House next Monday, I hope MPs see past the narrow issue of what procedures the police should undertake in order to search their Parliamentary offices, and focus on the bigger issue about the law and leaks. Whether or not it does so will show us whether it's a place to be taken seriously by the public as acting for them; or whether it's more interested in itself.
Let me be clear about my views on leaks: I don't approve of them, or think civil servants should indulge in them except in extreme circumstances. By that, I mean that a civil servant should consider leaking only non-security-related information, and only where he or she feels that leaking is necessary in the public interest. I used to be a civil servant myself, and thought it was important to reflect on all this: that's the position I reached. Of course the official position is that one should never leak, in any circumstances - but I think a civil servant who can't readily imagine circumstances that show the inadequacy of the official approach is a civil servant without imagination, and possibly unfit for the job. If you knew ministers and permanent secretaries were conspiring to murder the Queen and MPs in a modern gunpowder plot, you'd have a positive duty to leak. Unlikely, I know, but that's not the point.
The important question in this case is not "should a civil servant leak?" - Christopher Galley obviously believes he was right to, and if charged he may be able to put his argument to a jury. The important question is, what should happen to a civil servant who does leak? - I think losing his or her job, and finding it difficult to get a new one because of the hidebound disapproval of potential employers for anyone who's displeased a previous one is a sufficient sanction - unless the leak risked real harm to the country. It may be wrong for a civil servant to leak information which he’s contractually bound to keep private, but to see it as criminal reflects the attitude I thought and hoped (and many of those who voted Labour in 1997 thought and hoped) we were slowly moving away from in the UK: the attitude that all government information, no matter how unharmful its disclosure, is a state secret and must be kept from the public by the most authoritarian methods. To give a man a criminal record simply for embarrassing ministers is authoritarianism itself. Ministers do not own government, their political embarrassment is not per se contrary to national security or the public interest, and it is scandalous for them to look on with approving unconcern at these arrests, when they themselves leak like torn paper sieves for their own party political or personal advantage all the time - and without the risk of any sanction whatever.
I think this affair shows the need for legislation abolishing the common-law offence of misconduct in public office, if it’s going to be abused in this intimidating way both by ministers - on whose instructions David Normington, the Home Office permanent secretary or else Gus O'Donnell, the Cabinet Secretary must have called in the police - and by the police, who made an awful judgment in thinking arrests were appropriate. The fact that our law enables the executive and law enforcers to treat leaks which cause the mere embarrassment of government as arrestable is a national scandal. They should never be allowed to do so again.
The fact that Labour ministers and their supporters defend what's happened is disappointingly old-fashioned - it’s the kind of stance Tories, policemen and senior civil servants traditionally take, and the fact that they now do so too simply shows why many people think Labour has been too long in government. Labour supporters should not let their re-reaction to the Conservative reaction to this affair to spill over into outright support for the worst sort of traditionalist Yes, Minister Whitehallism.






