I read this article on the very fine ePolitix.com website. I blogged a few months ago on another blog about the Damian Green Thingie as I like to call it. I don't do Affairs or Gates. The Damian Green Affair seems a bit more risque than I would like. I know he's a Tory MP, but they can't all be at it all the time. Green Gate sounds a bit like an Edwardian country house. So for me it's the Damian Green Thingie.
I have some concerns over this report by the House of Commons Privilege Committee. The MPs say "We consider that the failure by any police officer expressly to advise the Serjeant at Arms of the right to refuse consent was symptomatic of the sloppy approach of the police in this case.
"It is true that failure to do so does not necessarily make a subsequent search unlawful but there was no excuse not to observe proper procedure."
It's unlikely that a police officer who turns up to effect a search without a warrant is going to be all that happy to inform the person being searched that they don't have to be searched if they don't want to, especially if the search is still legal without the warrant. The House of Commons Privileges Committee is always going to choose to protect the privileges of Members of the House over outsiders but the search was not illegal.
It may have been a disproportionate response to leaks from the Home Office. Just to remind those of you who don't have an obsessive interest in the farce that is the Home Office, Mr Green received information from a worker at the Home Office called Christopher Galley. Officials at the Home Office had a threw a bit of a paddy at what was just one in a series of leaks of information to the press and opposition politicians and decided to throw the book at the MP and his informant. Mr Galley was dismissed but the Crown Prosecution Service prosecuted neither him nor Mr Green.
My criticism rests not with the police who were faced with investigating a complaint in as thorough a fashion as possible in a very sensitive situation nor with the House of Commons authorities but with the Home Office who must have known that no good could possibly come of this in the long term. They must have known that an MP was never going to face prosecution over receiving information from anyone in connection to his work.
The Privileges Committee saves its heaviest boots for the former Speaker. "Mr Speaker Martin failed to exercise the ultimate responsibility, which was his alone, to take control and not merely to expect to be kept informed." He had advice from the Clerk of the House and from the Serjeant at Arms, presumably that they should co-operate with the police in their inquiries and had to rely on it. When it all blew up in his face, he insisted that in future no search of an MP's offices would be permitted without a search warrant signed by a judge. It was too late to save either his position or his reputation.
I have little sympathy for him. He was ineffective as defender of the rights of Members of the House of Commons and failed to act strongly or quickly enough when public disquiet at MP's expenses began to build. Nevertheless, the Privileges Committee has been too strong in its criticism of the police and the former Speaker. The ultimate cause of the problem is the Home Office. Again.
I have some concerns over this report by the House of Commons Privilege Committee. The MPs say "We consider that the failure by any police officer expressly to advise the Serjeant at Arms of the right to refuse consent was symptomatic of the sloppy approach of the police in this case.
"It is true that failure to do so does not necessarily make a subsequent search unlawful but there was no excuse not to observe proper procedure."
It's unlikely that a police officer who turns up to effect a search without a warrant is going to be all that happy to inform the person being searched that they don't have to be searched if they don't want to, especially if the search is still legal without the warrant. The House of Commons Privileges Committee is always going to choose to protect the privileges of Members of the House over outsiders but the search was not illegal.
It may have been a disproportionate response to leaks from the Home Office. Just to remind those of you who don't have an obsessive interest in the farce that is the Home Office, Mr Green received information from a worker at the Home Office called Christopher Galley. Officials at the Home Office had a threw a bit of a paddy at what was just one in a series of leaks of information to the press and opposition politicians and decided to throw the book at the MP and his informant. Mr Galley was dismissed but the Crown Prosecution Service prosecuted neither him nor Mr Green.
My criticism rests not with the police who were faced with investigating a complaint in as thorough a fashion as possible in a very sensitive situation nor with the House of Commons authorities but with the Home Office who must have known that no good could possibly come of this in the long term. They must have known that an MP was never going to face prosecution over receiving information from anyone in connection to his work.
The Privileges Committee saves its heaviest boots for the former Speaker. "Mr Speaker Martin failed to exercise the ultimate responsibility, which was his alone, to take control and not merely to expect to be kept informed." He had advice from the Clerk of the House and from the Serjeant at Arms, presumably that they should co-operate with the police in their inquiries and had to rely on it. When it all blew up in his face, he insisted that in future no search of an MP's offices would be permitted without a search warrant signed by a judge. It was too late to save either his position or his reputation.
I have little sympathy for him. He was ineffective as defender of the rights of Members of the House of Commons and failed to act strongly or quickly enough when public disquiet at MP's expenses began to build. Nevertheless, the Privileges Committee has been too strong in its criticism of the police and the former Speaker. The ultimate cause of the problem is the Home Office. Again.
