William Rees-Mogg
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The arrest of Damian Green last Thursday, his subsequent detention and interrogation, together with the police search of his home and his office in the Palace of Westminster, constitute the most serious breach of the privilege of Parliament in modern times. At least eight senior figures in the British Establishment were involved; they either initiated the action, agreed to it, conducted it, or allowed it to continue. Not one of them seems to have understood how serious a “high crime or misdemeanour” they were conspiring to commit.
The police may have thought that they were legitimately investigating a crime; in fact, they were committing one, a much more serious crime than the one they imagined they were investigating. Contempt of the House of Commons can only be defined by the House of Commons itself, but there is little doubt that this was it. All the evidence of history is that Parliament has to protect itself against outside pressure of all kinds, and particularly against coercion by the executive power.
In 1523, Sir Thomas More, as Speaker, had to resist the pressure of Henry VIII's Minister, Cardinal Wolsey; in 1642, Speaker Lenthall frustrated Charles I's attempt to arrest the five Members. The House of Commons needs the protection of privilege to do its job. The liberty of Members is the liberty of the people.
In the present case, had the police waited for 24 hours, they would have learnt of the acquittal of a journalist on the very charge they were investigating. Sally Murrer and her police source, Detective Sergeant Mark Kearney, were both acquitted under article 10 of the European Convention on Human Rights, which protects the right of every citizen to receive and impart information without interference by public authority.
It is not clear what legal advice was taken by the police before they decided to arrest Damian Green. Plainly it was inadequate. The leader of the House, Harriet Harman, has said that they did not consult the Attorney-General or the Solicitor-General; they certainly did not consult her.
Who played the role of Cardinal Wolsey, and had the arrogance to invade the rights of Parliament? If Jacqui Smith, the Home Secretary, is to be believed - and her testimony is not entirely convincing - two senior civil servants ordered the police investigation - the Cabinet Secretary, Sir Gus O'Donnell, and the Permanent Secretary at the Home Office, Sir David Normington. These civil servants have many questions to answer. What legal advice did they take? When did they consult their own ministers, which would be the Prime Minister in the case of Sir Gus O'Donnell? What steps did they take to supervise so sensitive a police inquiry?
Did they know the police were going to arrest a Member of Parliament? Did they consider whether that might be a contempt of the House of Commons? Did they consider whether a search of Mr Green's office in Parliament would be another contempt? I doubt whether, as Jacqui Smith suggests, these civil servants acted entirely on their own; I think it more likely that they had already discussed the alleged leaks with the Prime Minister and the Home Secretary before they asked the police to intervene.
The higher responsibility belongs to the Prime Minister and Home Secretary. We do not yet know exactly when Gordon Brown or Jacqui Smith knew that the actual arrest had taken place. It seems that Boris Johnson, as Mayor of London, was told before the event; he made a very proper protest. The Speaker and the Leader of the opposition were also informed before the arrest happened. It is quite hard to believe the two ministers were not told at the same time.
What was Gordon Brown supposed to say if he had not been informed but David Cameron or Speaker Martin decided to telephone him and ask him to call off this illegal event? Could Sir Gus O'Donnell have waited to tell Gordon Brown until after the event, when so many other people knew before the event? The story being told does not really hang together.
In any case, Gordon Brown and Jacqui Smith admit that they knew what had happened shortly after the arrest itself. At that time the contempt of Parliament was being continued and extended. Searches were being made, files and laptops were being removed. This essential contempt of Parliament could still have been mitigated by a telephone call from the Prime Minister or the Home Secretary.
The Speaker, Michael Martin, and the Serjeant at Arms, Jill Pay, failed to prevent the police invasion of the Palace of Westminster and may even have approved it. This breaks 700 years of parliamentary tradition. Both of them had the authority to keep the police out of Mr Green's office.
There were two senior policemen who must share part of the blame; it is no excuse that they were obeying orders. The junior of the two, Bob Quick, is an expert on terrorism. He will have to answer for the detailed handling of the operation. The senior was Sir Paul Stephenson, who was widely expected to succeed Sir Ian Blair as Commissioner of the Metropolitan Police; that would not now be appropriate or even tolerable.
The damage is strewn all around. Democracy is damaged; the House of Commons is damaged; British liberty is under attack. The police are damaged. The actual operation was a spectacular public disaster; many people now think we are living in a police state. The Government has been damaged. They must now realise how angry the public are. The Labour party has been weakened; this has been a horrifying mixture of ignorance, incompetence and shame.
Of course, Jacqui Smith should resign like other Labour home secretaries. She has been responsible for a major political disaster. I do not expect that Gordon Brown will resign, unless it proves that he did indeed have prior knowledge. Yet he bears the ultimate responsibility. The House of Commons remains the centre of our democracy. The freedom of Britain cannot survive if the centre does not hold.
William Rees-Mogg has had a distinguished career with The Times and The Sunday Times. He was Deputy Editor of The Sunday Times before becoming Editor of The Times in 1967, a position he held until 1981. He was made a life peer in 1988. Since 1992 he has been a columnist for The Times, writing on a variety of issues. He has also been chairman of the Broadcast Standards Council and British Arts Council
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I am relieved to see that Lord Rees-Mogg is one of the few people explaining how serious a constitutional matter this is. It is surely of much greater significance, as regards liberty, than 42 day detention. Without question, Stephenson, Quick, Smith and Normington should resign.
Charlie O'C, Truro,
I feel so very upset , it is so sad and regretable to discover that I no longer live in a better class of country of which I am proud. Britain is just another one of those horrible tin pot police states The citizenry will now hold the state in contempt and British values will be lost.
John Paulson, Frodsham,
moral and financial bankruptcy is what Labour have brought us..get them out! Now!
Eugene O, Manchester,
Nacht und Nebel.
Yes, we will come to fear this party as they introduce ever more authoritarian controls.
This is just the start, and history does repeat itself.
Willie Mac, Arden, Scotland
There is one rather obvious bum note here. How can a democracy be attacked by an exposure of government policy or process?
Henry Percy, London, UK
Out! Out! Out!
Jonathan, Farnham, GB
I wonder how many of you voted Labour in 97. Some of us were saying back then not to vote in politicians who hate their own heritage, history and special form of democracy. Do some research into what the average Labour MP was into only 20 years ago. You couldnt trust them then and you cant now!
paul, exeter,
I remember Sir William, when you pointed out in this same column the cash for honours offence. This is similar whereby an actual offence has ben comitted. There needs to be an investigation into this and the offenders,Govt, police and Civil service prosecuted to restore freedom to Britain once more.
Steven, Exeter, UK
ignorance, incompetence and shame. That sums it up perfectly. Labour has already led us to over-taxed bankruptcy - now freedom is also going.
Tony Scott, Rayleigh, UK
"the House of Commons remains the centre of our democracy"
For ten years the "New Labor" regime has done everything in it's power to neuter the House of Commons and House of Lords. This merely shows how little consideration they have given to the traditions of the UK in their pursuit of power.
Patrick Gray, Tokyo, Japan
A great article, sir!
Let's not let this one drop.
Steve, London, UK
Brilliant.
John Lewis, London, UK
ZaNu Labour passed laws used in this case to prevent us from terrorism. Yet this is the second time terror laws have been used in matters completely unrelated to terrorism. First the seizure of Icelandic assets, now this. I don't usually agree with the civil liberties groups, but they predicted this
Darrel, London, UK
This is both frightening and disgraceful. I am leaving as soon as I can find a job back in my country of citizenship, Germany, which ironically looks as if it will soon be the only truly democratic country left - where I do not need to fear state spies at every turn.
Freya, London,
Dan, London,
Then lets start with Blair, Brown, Mandleson and Campbell
Jane, Cambridge,
ZaNu Labour. Need I say more?
Richard Gray, Lenzie,
Bob, London
Look at the Muller case & the rulings of the European Court which the Govt, Met & CPS were well aware. This action will lead to nothing as it will be rightly thrown out
It is beyond belief that people will defend the arrest of MPs for doing their jobs - you want a police state?
Guy, London, UK
Solution:
England, Scotland, Wales, Northern Ireland, have only their MPs vote on their own taxing, spending, borrowing.
AND,
they have a separate policeforce, judiciary, legal system, and majority of MPs in each country make decisions on home affairs, in own country.
Hugo van Randwyck, London, UK
Howard Smith is I think entirely correct that the Queen needs to get involved. Sadly we all know that she won't. Dressing up in ludicrous 1950's costumes will remain her contribution.
James McFadden, Marseille,
This is exactly what Brown and his cynical marxist cronies have been dreaming of since university,the complete control over all aspects of our lives. Destroy the middle classes ( jarrow marches ?),make everyone dependant on the state,total control from the biggest freak ever !!! Glad i've left now..
keith rogers, Arapkoy, Cyprus
Laour, new or old, has always been authoritarian and abusive of state power. Individual freedom is eroded as a result.
Socialism demands it be so.
Karl, Hanworth, England
The sheer unlikelihood of Brown and Smith not being informed
prior to the arrest and the likelihood of their prior knowledge
coming to light is such that a prediction of their heads rolling is
a sfe bet. I look forward to Brown taking the Chiltern hundreds
a la John Profumo.
Denver Watt, Osaka,
The Home Secretary must be made to resign. She is a public disgrace.
Alan Mcgill, Ipswich, UK
All MPs must now do their constitutional duty and refuse to allow the Queens Speech to be heard until :
1) J Smith resigns or is sacked from her MP role as well
2) All senior policemen involved are suspended and investigated
3) The authority of parliament is reasserted by Act of Parliament
Howard Smith, Formby, England
Amongst many things, it highlights the stupidty of those who govern us.
Mike, Midlands,
What better can be expecetd from a political party that gained power by media manipulation and retained that power by the deliberate dissemination of deceit and half truths.
NuLabour is no more efficient than "Old Tory" and far more of a bully.
Peter Bolt, Redditch, UK
A brilliant column on a vital issue. This government has done huge damage to the cause of liberty in the country. Let us just hope that this grotesque example of overreach by the police will finally make people see how important this is.
David Blake, London, UK
'"conspiring to commit misconduct in a public office" and "aiding and abetting, counselling or procuring misconduct in a public office"
If this applies to Damian Greene, then it applies equally to those who knew in advance of what the police planned to do.
m collins, Leeds,
At last someone has pointed out what I've been saying to friends for days, namely that the police appear to have committed a criminal offence.
The most serious constitutional ciris in my lifetime.
Richard Mason, Frodsham, UK
CONGRATULATIONS, First Class comment.
We are lucky to have a free press!
Gut Liam, Hertford, England
Prof Vernon Bogdanor this morning thoroughly destroyed WR-M's argument in this article. Parliamentary "privilege" refers only to MPs' freedom of speech in the House. It does not exempt them from criminal proceedings or arrest. On what basis does WR-M assert that Green hasn't broken the law?
Bob, London,
Nonsense. If an MP is thought to have committed a crime then they should be subject to the same investigative proceedure as everyone else.
Dan, London,
Time to take to the streets Britons. Brown and Smith obviously knew. Get onto the streets and let them know how angry Brits everywhere are. Meet at Trafalgar Square Wednesday morning - take a stroll to Westminster - its your right - Use it.
Riley, Kiev, Ukraine
Excellent comment! The UK is slipping fast:
Lab Govt with barely one quarter of the electorate vote
ID cards to tag people like cattle
Most CCTV per head in the world
Proposed records of all emails and telephone calls
Local Govt Stasi
Etc. etc.
Parliament must slap the executive down!!
Stephen Marchant, Newton Abbot, UK
Why would any of them resign when this has everything to do with self preservation?
The last time this happened the perpetrator was executed in Whitehall but that is too much to hope for in Labour's Nu Britain.
Milbro Sprite, Durham, England
Jaqui smith should resign as a matter of course but the real criminal is Speaker Martin.
He has always been a biased ,disgrace to teh chair but this time he has outraged parliamentary democracy.he should be removed in utter disgrace.
Thor, Banglamung,
" Not entirely convincing". How very kindly you put it sir. I was thinking more of telling porkies, falsehood, being economical with the truth. No, lets's call a spade a spade. Lying!
Callan, Liverpool, England
the state has become the enemy of the people.
the feckless are rewarded.
the hard working are punished.
criminals are not punished.
victims of crime are left to rot.
philip smith, seaford,
As usual Willian Rees-Mogg quickly cuts to the chase through the fog of today's journalism.
Parliament has leaked like a sieve since I was a lad over 50 years ago.
What is less acceptable & more a crime against the people (than leaking) is for a Minister to lie to the voting public.
Richard, Stanstead Abbotts,
Jim, Brisbane - You would be happy then to have a confidential issue you raised with your MP rifled trough by Police and made totally open? Also, how ironic that Green's arrest will stop the total openness you aspire to. He's guily of telling us what the government was trying to keep from us.
Ewan, London,
For the first in my life, when I smell British poitics today, I am beginning to get a real, serious, sniff of the "R" word.
Kevin Dunn, Perth, Australia
Appalling. Whilst we may find MP's in many ways derisable, the plain fact is that we, the public elect them. We do not elect the police, although I now feel there is the case to have some form of elected police chief as in the US. At least they would have to be accountable to the public. Scary times
Markl Chisholm, Dereham, UK
Westminister has rights that probably should be challenged. The abuse of expenses by MPs has demonstrated that they abuse parliamentary privilege and their behaviour needs external monitoring. The arrest of Green is a good thing, not a bad thing. Democracy necessitates total openness.
Jim Wills, Brisbane, Australia
excellent! well said sir!
philip smith, seaford,
Can it really be only two months since Peter Mandelson was brought back to bring order to government presentation?
David Moss, London, UK
You appear to presume that Gordon Brown actually wants the freedom of Britain to survive. Personally, I doubt he does.
Jonathan, Southend,
This is drivel. Regardless of the merits of this case Parliamentarians should be held to the same standards as everyone else. We see every year how they regard themselves as above the law or any standards of ethical conduct e.g. with massive pay rises and unaccountable and indefensible expenses.
Simon, London, UK
Are we really expected to believe that the Leader of the Opposition was informed of the imminent arrest, the Mayor of London was informed, and the Speaker was informed.......
but the Prime Minister was NOT informed... the Home Secretary was NOT informed??
'Not entirely convincing' indeed!
LB, Birmingham, UK
All MPs elected to the house of commons or unelected to the house of lords should be pure, whiter than white, and all information, public or private should be available to the public . If you don't want your fingers burnt, stay out of the kitchen.
m wilson, bidache, france
It's time.
David Cameron can put down a motion of no confidence in the government. Or David Blunkett can put down a confidence motion.
Either way, it's time.
David Moss, London, UK
"The Labour party has been weakened"
You spelled it wrong. It's "Zanu Labour". It's not been weakened: it has just tightened its grip on civil servants across the land.
Kay Tie, London,
Yes, I used to believe that we are living in a police state. But now I know we do.
Martin, Newmarket, Suffolk
Whenever the latest of a long line of outrageous GWB hijinks was revealed in the morning papers, my Brit friends would email, write, call, or text something along the lines of "why aren't you rioting?" "He's taking your liberties!" "Are you all sheep?"
Back at ya'
Alex Hamilton, New York NY,