The Wardman Wire

The Shadow Immigration Minister Damian Green has been arrested, in relation to the supply to the media of information leaked from within the Home Office embarrassing to the Government.

Mr Green is the MP for Ashford in Kent, and was detained for 9 hours after being arrested by 9 policemen for an alleged offence of “Conspiracy to Commit Misconduct in Public Office”. He has been released on bail to return for further questioning in February.

He has denied any wrongdoing after bring arrested for allegedly leaking information to the media.

The arrest was after an investigation following a complaint received from the Cabinet Office. Boris Johnson was informed of the arrest in advance in his role as Chair of the Metropolitan Police Authority.

The arrest was in connection with alleged leaked information relating to media stories about immigration.

A Downing Street spokesman:

“This is a matter for the police. The Prime Minister had no prior knowledge of the arrest of Mr Green and was only informed after the event.”

This is the Sky News Report:

What was leaked?

According to Sky, these are the four “embarrassments” to the Goverment that are concerned:

The revelation in November 2007 that Home Secretary Jacqui Smith was aware the Security Industry Authority had granted licences to 5,000 illegal workers but did not think the Home Office’s official explanation was “good enough” for the press office or ministers to use;

The fact that an illegal immigrant had been employed as a cleaner in the House of Commons, which emerged in February this year;

A whips’ list of potential Labour rebels who might vote against the Government over plans to increase the pre-charge terror detention limit to 42 days in a crucial Commons vote;

A letter from Ms Smith to Prime Minister Gordon Brown warning that the recession could lead to a rise in violent crime and burglaries.

What is Misconduct in Public Office?

This is taken from the Crown Prosecution Service Guidance. The elements of misconduct in public office are these:

a) A public officer acting as such.

b) Wilfully neglects to perform his duty and/or wilfully misconducts himself.

c) To such a degree as to amount to an abuse of the public’s trust in the office holder.

d) Without reasonable excuse or justification.

A Public Officer is Guilty of Misconduct in these circumstances:

There must be a breach of duty by the officer, [which is wilful and which is such that the conduct is] an affront to the standing of the public office held. The threshold is a high one requiring conduct so far below acceptable standards as to amount to an abuse of the public’s trust in the office holder”

and

“those who hold public office carry out their duties for the benefit of the public as a whole and, if they abuse their office, there is a breach of the public’s trust”

It is a Serious Offence, compared by the CPS to perverting the course of justice:

Like perverting the course of justice, misconduct in public office covers a wide range of conduct. It should always be remembered that it is a very serious, indictable only offence carrying a maximum sentence of life imprisonment. A charge of misconduct in public office should be reserved for cases of serious misconduct or deliberate failure to perform a duty which is likely to injure the public interest.

It is also recommended that other charges should be used in preference (if you are going to comment in detail on this aspect you need to read the Guidance itself):

Before deciding to proceed with a charge of misconduct in public office you should consider whether the acts complained of can properly be dealt with by any available statutory offence.

My Comment

Senedd Whip over at Miss Wagstaff’s place has this one right:

Whatever your politics, this is rocky ground for civil liberties and even worse for the institution of Parliament.

The leaks are highly embarrassing, but “Conspiracy to Misconduct in Public Office” for an Opposition MP responsible for this area of policy? Unless there is something altogether more serious involved than we have seen so far, it would be closer to “an abuse of the public’s trust in the office holder” not to release the documents.

But the most important point, since it is at the root of our political process: why did the police even try - and why did the House Authorities permit them - to search an office in the House of Commons? That is a clear breach of Parliamentary Privilege. Speculating, I wonder whether overcoming this barrier might have been the reason for the allegation of this particularly grave offence.

My “Brown Nose of Bitter Experience” for Prime Ministerial Weasel Words and a carefully chosen selection of facts intended to give us an entirely misleading impression of what has actually happened notes that they have not denied that Jacqui Smith the Home Secretary knew about the impending arrest. If Boris Johnson was consulted 24 hours in advance of the arrest of a senior opposition politician following a complaint made by the Cabinet Office, why would the Home Secretary not also be informed?

Mr Green will now be DNA tested and his DNA placed on the national database even if he is not charged. Along with all the other innocent people on the database, his prospect of having his DNA removed in these circumstances is effectively zero until the system is reformed.

Further Coverage

A good legal overview from the Head of Legal.

Tags: civil liberties, damian green, gordon brown, jacqui smith, misconduct in public office