Matthew Parris
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On the whole, and in the main, and everything considered, you do not in a democracy go around arresting the Opposition. For some time now, web humorists have been spelling new Labour “Nu-Labour”. As reports of Damian Green's arrest swirled yesterday, the prefix ZA attached itself to the bloggers' joke: ZANU-Labour. If by lunch I had heard the comparison with Zimbabwe once, I had heard it a dozen times.
Nine - nine - counter-terrorism officers? Raids (for that is what we would call them in Russia) on the home and offices of a senior member of the Opposition? What a blunder. What an outrage. What a stupid, stupid, thing to do. The best argument for doubting that ministers had anything to do with the arrest of a mild-mannered and distinctly herbivorous Shadow Immigration Minister is that this is a gift to the Tories, and incredibly damaging to a governing party whose Prime Minister enjoys a reputation for bullying.
Maybe ministers really were kept in total ignorance, but few ordinary voters are going to believe it. A Prime Minister otherwise known as the Big, Clunking Fist will struggle to dissociate himself in the public mind from an astonishingly heavy-handed police operation against a critic.
For me, Thomas à Becket and Canterbury Cathedral spring to mind. I picture an infuriated Prime Minister bellowing at a flat-screen television: “Will nobody rid me of these troublesome leaks?” Who the four knights were who took it upon themselves to act upon the presumed wishes of a maddened monarch, we may never know, but when Mr Brown insists that he didn't actually know, it is possible to believe him.
He certainly should have known. So should the Commons Speaker. If Michael Martin did have advance knowledge of a raid on a Privy Councillor's offices within the Palace of Westminster by anti-terrorist officers investigating activity that most MPs would regard as part of their job, and did know there was not the remotest suggestion that national security or any serious crime of any sort was involved, and the supposed offence amounted to nothing more than embarrassing ministers with information they had been trying to hide, then there arise some serious questions about his position. Mr Martin is an MP. He, above all others in our unwritten constitution, is there to protect the status and interests of Parliament.
This is not a small matter. It goes to the heart of parliamentary privilege. It is surely common sense that MPs' Commons offices are not to be raided by the State except for the gravest of reasons; that Mr Speaker should be urgently consulted (not “told”) in advance. Can it really be that Mr Martin simply nodded this through? Did he not ask his clerks? If he did, what was their advice? Did he not speak to the Home Secretary? She claims nobody did.
It would be comforting to think that there will be widespread disquiet on Labour's backbenches as well as among the Opposition. I hope so. Some of Mr Brown's colleagues will remember (Westminster lobby correspondents certainly do) that he made his career as Shadow Chancellor by publishing leaked documents from the Treasury.
In this long series of misjudgments, the first and biggest has been that of the outgoing Metropolitan Police Commissioner, Sir Ian Blair. If he thought - as some voices have suggested - to take a parting shot at a Conservative Party that, through Boris Johnson, has effectively removed him, then the tactic backfired. It is Labour ministers who have been embarrassed.
The decision by the head of the Home Office, Sir David Normington, to call in the police to help him plug a persistent leak from his department, is defensible - though he should have reflected that the police cannot be turned on and off like a tap and used as a kind of private detective agency. Instant dismissal is a sufficient sanction against civil servants who leak, and mandarins with long memories will recall that what looked like the Tories' vengeful pursuit of Sarah Tisdall and Clive Ponting through the courts did nobody any good. If, after the arrest of Mr Green's alleged source, senior civil servants realised where the police inquiry was headed next, it is not yet clear. If they did, it is hard to see why ministers were not informed.
I cannot avoid the suspicion that decisions were taken in Whitehall against the background of an enraged Prime Minister storming around and demanding the heads of leakers on plates. Commentators seeking method in this madness suggest that there was a stratagem: to put the frighteners on other moles, especially the sources of deeply sensitive Treasury leaks. Again, if so, the strategy has backfired. Any deterrent effect on Whitehall moles has been vastly outweighed by the political cost.
Two defences to the thinking that led to this mess need to be answered. The first is that those who offer, and those who receive, information that ministers are trying to hide may indeed be breaking the law. That is true. But the argument is too strong.
The common law offence of “aiding and abetting, counselling or procuring misconduct in a public office” sets such a ridiculously low hurdle that thousands of my colleagues in the newspaper industry, many MPs, most Opposition spokesmen, and innumerable helpfully indiscreet police officers would be behind bars if every offence was investigated and prosecuted. Much journalism would become impossible, legitimate questioning and debate by MPs would be ruled out, and activity in the public interest would be outlawed. So (as the dismissal of the case against Sally Murrer, reported in The Times today, shows) this law needs to be handled with extreme discretion. In Mr Green's case it has not been.
The second defence is that ministers are damned if they do and damned if they don't interfere. What if the Home Secretary had been warned by Mr Speaker about the raids, and pressured the Met behind the scenes to call the whole thing off? In the recent loans-for-honours affair, attempts by ministers to discourage police inquiries would have been regarded by the media and the Opposition as disgraceful.
This argument has force, but should be answered by the observation that there are ways and ways of letting chief constables know ministers' minds; that it's not always wrong to do so; but that particular care needs to be taken where the suspicion might arise that ministers are protecting their own political interests. That was not the case here, and I doubt many people would have thought the Home Secretary wrong to let Sir Ian know that, though she had no power to stop him, she was alarmed at his officers' plans.
Who now knows where this will end? Insomniacs may have heard it first on the World Service of the BBC, and could have been forgiven for assuming the story came from some benighted Central Asian republic. That it is about our own country is shaming. This will end up damaging almost everyone it touches - except the bewildered immediate victim of the fiasco: Damian Green.
Matthew Parris joined The Times as parliamentary sketchwriter in 1988, a role he held until 2001. He had formerly worked for the Foreign Office and been a Conservative MP from 1979-86. He has published many books on travel and politics and an autobiography, Chance Witness, for which he won the 2004 Orwell Prize. His diary appears in The Times on Thursdays, and his Opinion column on Saturdays
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Our politicised police force is in need of a good dose of humiliation. The officers concerned and all their superiors should be sacked and forbidden public service employment. Similar action should be taken against Home Office civil servants who were involved.
Gordon, St Marcel, France
Am I reading this properly? The police raided the home and offices of this guy, a senior member of Parliament no less, without any judicial warrant or Grand Jury indictment or anything?
Damn... I'm glad we have our written Constitution here in the U.S.
Doug, New York, USA
As the police have all of Damian Green's correspondence, it would be a brave person who would make a complaint about the police to his MP in the future. These events tend to have far-reaching effects, and the undermining of confidence in contacting an MP is profound. Michael Martin should resign
J THATCHER, Bath, Somerset
I see a danger here that in their effort to prevent another 'Breach of Priveledge' mistake by Police, the Government and other parties will continue down the slippery slope of Political control of Police already endorsed by many , including Mayor Johnson. The Police MUST be outside of all politics.
Barry Purkis, Havant, England
If neither the Prime Minister not the Home Secretary knew about an operation involving twenty anti-terrorist police until after the event, what does that say about the REAL war on terror that this country is supposed to be fighting?
Stephen, Sheffield,
Why the surprise, this is typical of the actions of an unelected prime minister. Unaccountable
JG London, London, UK
This government regardless of party loyalties do not provide the type of leadership most people wish to see. They are a manifestation of radical political movements during their youth, only now they are being acted out at national level. They only agree with themselves.
Josh, Manchester, England
This story seema UNBELIEVABLE
but worringly it is true
In this country
Where did we go wrong ?
carole cooper, Norwich,
This is the start. Wait until they have ID cards that track your every movement and every penny you spend, and surveillance that tracks each text message and email. Local councils are already snooping.
Orwell was just a few years out - but it's coming.
Jan, Sussex, UK
Labour ministers keep saying they knew nothing about the arrests before they happened. It is telling that they never say they knew nothing about the investigation of Damien Green, andd I am surprised that the media have not picked up on the point.
Mark Williams, Hampshire, UK
...power corrupts absolutely.
Well, the BNP know all about it. It's coming to you soon now. Oppose Nu-Labour at your peril!
Roger, Norwich,
Just try and imagine how intrusive the State will be if the ID card scheme goes ahead. Law abiding members of the public will be arrested for non-reasons just because they have a different opinion to Stasi Labour.
Beth Williams, Leeds, Great Britain
This ZANU-PF style of running the country has been experienced by BNP members for some years. Arrests (for simple things like paper sales and leafleting), being held in detention for hours only to be released later "because no crime has been committed" are not infrequent.
Power corrupts. Absolute...
Roger, Norwich,
In yesterday's times the alleged offence was quoted as 'misbehaviour in public office' or something similar. My first experience of this 'offence' was in relation to alleged police misbehaviour where no particular offence could be proved. Such vague 'charges' bring the law into disrepute.
R Cook, Ripley, Derbyshire
There have been so many powers introduced, that we were assured were for extreme circumstances, that being applied without any sense of proportion. The government may not be directly involved but they have set a tone and sent out a message that dissent is troublesome.
Paul Lamarra, Glasgow, United Kingdom
Whether or not the Prime Minister knew of the proposed "raid" in advance, no one will believe for a moment that the Home Secretary, whose department this concerned, did not. Yet again, we see, as with the Icelandic bank asset seizure, the abuse of "terror" legislation for wholly unrelated purposes
max, London,
Now the truth is out ZANU-LABOUR PARTY, a lot of people
thought MR BROON was a shady person.
DEREK
derek, canterbury, kent
"the seriousness of this event cannot be understimated "
I think it would be easy to underestimate the seriousness. On the other hand, I would certainly agree that its seriousness cannot be overestimated.
Sejanus, London, UK
The Arrest of Damian Green, by "ZANU Labour", shows that once it was Britannia Rules the Waves, but now it is Britannia Waives the Rules, Fiscally and in Parliament & that if Jacqui Smith says that No Minister was involved, does she no longer Control the Police or is she no longer a Minister
AARON BAUM, POOLE, ENGLAND
In its mindless quest for 'modernisation' (Human Rights Act, a written constitution(?), knee-jerk Lords reformation) the Government flies in the face of an 800 year old evolved unwritten constitution, envy of much of the world. Those involved in this scandal must be exposed. We need a strong press.
Charles, London, UK
The point is that leaks can be damaging to good government and to innocent people. How do we know that a partisan mole didn't deliberately "lose" that CD with child benefit information in order to damage the government? Moles do need to be stopped, except in cases of clear public interest.
Bob, London,
mike gee, bournemouth, uk
I completely disagree, You couldn't be more wrong. The police and other agencies who used to be apolitical are now heavily under the control of this government. The country is on a slippery slope.
Ted Wooller, Corfu, Greece.
But comrades you have nothing to fear from the STASI if you have done nothing "wrong". First though we have to assume you have done something wrong which is why we need your DNA and also why we are going to monitor all your emails and phone calls. It is also why we ask your neighbours to report any strange comings and goings at your household. And rest assured, if you are lucky, when we do call we will only detain you for 9 hours and dump you miles from home. Remember, we are only watching you so you can be safe and secure - but not from us.
Barrie Redfern, Zdole, Slovenia
If Ministers did not know (and it is puzzling why not given that even the Leader of the Opposition, London Mayor and Speaker appear to have been informed) the parallels with the hapless Ian Blair and the disregard of his juniors in having confidence in passing information up the chain are obvious
Clive Chalk, London, UK
The ordinary citizen has long been apprehensive about a looming police state. This just confirms our suspicions and might make MPs question our increasingly controlling government before all democracy and freedom is lost.
Ros, Surrey,
Damned if they do and damned if they don't is right: they are damned if the knew and damned if they did not know - because in a properly run government they should have known. If they had any shame or honour whatosever Smith, Brown, Martin and the lot of them would resign. This must not be dropped.
FRankS, Geneva, Switzerland
For those who know something, this certainly isn't the time to take solitary walks in woodland areas.
Colin Soames, London,
It has been clear for a number of years the police have been gradually sliding under political control. This latest episode had no doubt been engineered by one of the many slimeballs on the Downing Street payroll who use whatever chicanery is available to further their aims.
Robert El-Cid, Hull., East Yorks.,
Violent crime already too high is rising, violent criminals have no fear of the police. Is it a coincidence that this is at a time when the police appear to have a much more political agenda.
peter mckenna, liverpool,
I have little sympathy for the MP in question. MPs of all colours have waved through the most repressive laws in English history believing it was only the man in the street who would be targeted by the authorities. It started with clamping down on freedom of speech - where will it end?
Steve , Suffolk,
Stalinist thuggery from McBroonshirt's Stalinist regime.
Roger Angove, Truro, Cornwall, UK
Even in the darkest days of Margaret Thatcher's tenure, such an act would have been inconceivable. Had it occurred then, the full wrath of the BBC would have been brought to bear on the administration, with calls for resignation at the highest levels.
So where were the BBC this time?
Mark Rowley, Lincoln, UK
Is there no doubt that this arrest was ordered by Blair as he left his job? Did no ministers supposedly know about the impending arrest because the police knew that ministers did not want to be formally told?
Mike, Birmingham,
Good. I hope this will be a huge wake up to many people. The police and many of the public services are increasely out of control.
MP,s have become detached from the reality of daily life with their second homes, huge expenses to cover their living costs, gold plated pensions.
Wake up !!!
Tobias, cumbria, England
The GESTAPO is a live and well, masquerading as the Metropolitan Police Service.
But Gordon Brown, et al, will simply shrug it off, whilst Gorbals Mick will bluster that we didn't know the extent of the action proposed. So much for the Speaker being the defender of
parliamentary democracy!
Leslie Bush, Bedford, UK
Sounds a bit like methods used by Hitler dosent it. McBroon would love to have to power to silence EVERYONE who dares to oppose him, question him on anything, just look at his reaction to the question of BABY P - he is terrified of losing POWER - we have got to get rid of him.
russell proctor, southampton, united kingdom
If Brown and or Smith knew; then they should resign. If they did not know then they have lost control of executive agencies and should resign. The English Civil War was fought on just this issue, have we gone backwards three hundred and fifty years?
Bob, Faversham, UK
Police state on the way. the next thing we will have labels on the doors of non believers in the cause.
andy, winchester,
If Brown didn't know, then he should have. This is serious abuse of our freedoms. With ID Cards, other snooping, restricting trial by jury, he does not care and wants to control information on a massive scale. It is part of a trend.
Sunita Chaubrey, Harrow, London
If nothing else, there should be prosecutions for wasting police time!
Jaymar, Brixham, UK
It would be a double whammy if both Damien Green and speaker Martin suffered as a result of this storm in a teacup.
eric clark, glasgow, U K
I find it hard to believe that the Cabinet Office, which was consulted by the senior Home Office official, did not notify the Prime Minister. Maybe Gordon should sack the Cabinet Office!
E Whelan, Ash, Kent,
At the risk of sounding paranoid the ordinary citizen of the UK knows that the police and other agencies are becoming increasingly "out of control". Daily, ordinary individuals are subject to over reaction and missuse of power, A police state is a finger snap away and the buck has no where to stop.
mike gee, bournemouth, uk
we had an affair like this in the usa a few yrs back...it brought Richard Nixon to his knees...one difference , our pols -didn't use the police. they used "plumbers".
william rhoades, cumberland, rhode island, usa
it's the job of the opposition to expose and reveal issues which concerns voters - this happened to a senior member of the Mother of all Parliaments. It's simply surreal to hear such news.
Marph, London,
The term 'Zanu-Labour' has been in use a long, long time. And for good reason.
Bob, Stalybridge, UK
It never ceases to amaze me how little those in charge apparently know
Paul, Torrington,
Philip Webster seems to think that "whistleblowers" in the Treasury will be sleeping less comfortably tonight, I think everyone in this country will be as well. The death of parliamentary democracy in this country.
Andrew R, Bridgend,
Is it not incredible but ironic that after some 3000 pages of new laws being rammed through Parliament in a decade or so by Nu Labour, they end up skewered on the inappropriate use of Common Law by the enforcement agencies. So much for 'modernisation'.
J Jenkins, York,
This is easily the biggest Constitutional crisis in living memory.
The Police service, the Speaker of the House of Commons, the Prime Minister and the Home Secretary evidently need reminding that they are not dealing with the Reichstag, and this is not 1930s Berlin.
David, Brighton,