Thursday, 4 December 2008

The police state - gains and losses

Thursday, 4 December, 2008 10:54 AM

One wonders if it is entirely a coincidence that all bar one of those 
on the BBC’s Today programme were Labour MPs defending the 
Speaker.              There is the usual nasty BBC smell about this!
Harriet Harman was much more circumspect .

The cause of liberty was advanced today elsewhere after the Law Lords 
had thrown out a plea by two innocent men to have records of their 
DNA held by the police expunged.  “Two British men should not have 
had their DNA and fingerprints retained by police, the European Court 
of Human Rights has ruled, --- The judges said keeping the 
information "could not be regarded as necessary in a democratic 
society”  (BBC Online)  This ruling will have repercussions for the 
whole Police DNA base. The ruling was the unanimous decision of 17 
judges

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TELEGRAPH - Leader  4.12.08
Shocking negligence in the Damian Green affair

Outrage over the Metropolitan Police's arrest of Damian Green and the 
search of his Commons office turned to incredulity yesterday as the 
Speaker, Michael Martin, explained last week's sequence of events. 
For it emerged that this unprecedented raid, rightly described by 
Michael Howard as an "attack" on the ability of an MP to do his job, 
was unauthorised. The police officers had no warrant and the person 
responsible for the security of the House of Commons, the Serjeant At 
Arms Jill Pay, did not ask for one. Instead she signed a consent form 
allowing the police to trawl through Mr Green's correspondence and 
computers without, it appears, seeking the advice of anyone who might 
actually have a clue about what to do.


If Mr Martin wanted to turn Mrs Pay into the scapegoat, he was only 
partly successful. For his statement also exposed his own shocking 
negligence. He was told by Mrs Pay last Wednesday "in strictest 
confidence" that an MP might be arrested, and early the following 
morning was told both who it was and that a search of his office 
might take place. Speaker Martin, the "chief officer and highest 
authority of the House of Commons", then appears to have sat back and 
allowed events to take their course. According to his own account, he 
posed no questions and sought no counsel. He says he was not told 
there was no police warrant. Could that be because he did not ask? Mr 
Martin has not been tardy in the past in taking expensive legal 
advice to protect his own position when questions were raised about 
expenses claimed by his family. Yet when confronted by this assault 
on the fundamental rights of MPs, he seems to have displayed dumb 
acquiescence. Mr Martin's position must surely now be untenable.

His statement also raises worrying questions about the police. For 
senior officers to authorise the search of an MP's Commons office 
without a warrant shows either extraordinary arrogance or immense 
stupidity. Mr Green, the victim of their bullying tactics, spoke well 
yesterday as he gave a warning that while MPs are not above the law, 
neither are the police nor their political masters. And he reminded 
the House he had not threatened national security but had simply 
embarrassed Home Office ministers. The abiding impression left by 
this affair is of the power of the state being wielded to stifle an 
inconvenient voice. In the face of this, the Commons has been ill-
served by its highest officers. As for the House itself, with one or 
two exceptions it split on partisan grounds, showing it is less 
interested in defending the rights of a Member than in scoring party 
political points. Small wonder politicians are held in such low esteem.
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AND 
2. Pressure on Commons Speaker Michael Martin increased by Harriet 
Harman
The Damian Green arrest affair has intensified with House of Commons 
Speaker Michael Martin under increasing pressure to resign after 
Harriet Harman declined to back him.


Mr Martin has come under fire after he blamed a senior colleague for 
allowing police to raid a Tory MP's parliamentary office.

Miss Harman, the Leader of the Commons, would not give her backing to 
Mr Martin when interviewed on BBC's Newsnight.

Asked repeatedly if she had confidence in Mr Martin, Miss Harman, a 
lawyer, refused to answer. She simply said that it was her job as 
leader to work with the Speaker and Serjeant at Arms.

Miss Harman, who is also deputy Labour leader, said: "I am not saying 
I've got full confidence in anything or anybody I'm just telling you 
what the facts are".
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POLITICS HOME  3.12.08
Comments on Police Scandal
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Today programme, BBC Radio 4 at 07:15
Pound: Only Harman questioning Speaker

Stephen Pound, Labour MP

Mr Pound defended Speaker Michael Martin and claimed only Commons 
leader Harriet Harman was refusing to offer him full confidence.

He spoke after Ms Harman was asked five times on the Newsnight 
programme to declare full confidence inn the Speaker and Serjeant At 
Arms, Jill Pay, but refused.

Mr Pound insisted Mr Martin was a decent man and it was only 
"hindsight" that led to suggestions he should have established 
whether police had a warrant when they searched Tory Damian Green's 
office.

"Conservative officials in Damian Green's office did not ask for a 
warrant when the police turned up. It is easy being incredibly wise 
after the event. In hindsight and with retrospect, I would have asked 
the perfect question," he said.

Asked whether Ms Harman's response meant the Speaker should go, he 
said most Labour MPs supported him and he should stay for the 
remainder of the session, at least.

"I do not know what his long term plans are," he said.

He agreed MPs had been "aghast" at how events had unfurled, adding: 
"Many MPs were aghast at the way the Tory party seemed to be 
soliciting information from this wannabe Tory MP."
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Today programme, BBC Radio 4 at 07:58
Lord Mackenzie: MP can't claim privilege if crime comitted

Lord Mackenzie, Labour peer and former chief superintendent

Lord Mackenzie insisted MPs could not claim privilege if a crime had 
been committed and said the police would have had the right to search 
Damian Green's office without a warrant because he was arrested.


"Clearly there was a document produced and signed by the Serjeant At 
Arms which gave permission. There were national security issues 
involved, Sir Paul Stephenson said that, and that the CPS was 
involved all the way through and the police process was checked with 
them," he said.  [The Director of Public Prosecutions [CPS] 
categorically denies involvement.  And if this argument were correct 
it merely means that if the Police want to search somewhere and know 
they’d never get a warrant they just trump a charge and arrest them.   
This man talks rubbish! -cs]

He said Westminster was a "special place" but added that a police 
search did not require a warrant if there was an arrest., adding: 
"Warrants are generally used when people are not under arrest".

"There is no way an MP can claim privilege if a criminal offence is 
involved and these are serious issues," he said.

He also said the officers concerned would  be "quite happy" to be 
summoned to the bar of the Commons to explain themselves.
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Today programme, BBC Radio 4 at 08:13
Beckett: Not for government to support Speaker

Margaret Beckett, Housing minister

Mrs Beckett supported Harriet Harman's refusal to declare her views 
on the Speaker, saying it was not for the government to support or 
criticise the Speaker.

"The Speaker is elected by the whole House. If the government starts 
giving endorsement to or criticism of the Speaker we are in very 
difficult territory. It is not for the government to give support or 
otherwise for the Speaker," she said.

She said she did not believe either the Speaker of the Serjeant At 
Arms were solely to blame for the circumstances surrounding the 
search of Damian Green's Commons office, saying it had been a series 
of unfortunate events.

Asked for her views on the Speaker, she said: "I think he handled 
things yesterday with dignity."
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Today, Radio 4 at 08:56
Winnick: I thought it was justified to make the remarks I made

David Winnick, Labour MP

Mr Winnick said he “thought it was justified to make the remarks I 
made” about calling police officers to the Commons to explain their 
conduct in the Damian Green arrest, and added that it was important 
that Labour MPs voice their protests.


“If we just allow ourselves to agree to what occurred…it can 
encourage further raids. If it happened to an opposition MP today, 
who will be next?

“If we don’t make our protests from government benches there will be 
less credibility if a Labour MP is arrested.”
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Today, Radio 4 at 08:57
Kennedy questions how much police can contribute to MPs' inquiry

Charles Kennedy, former Liberal Democrat leader

Mr Kennedy questioned how much information the police would be able 
to provide to the committee of MPs asked to look into the Damian 
Green affair, and denied parliamentarians were being “over precious” 
over the issue.

“We’ve got this inquiry set up. There are serious question marks 
about common sense apart from anything else.

“What I’m not clear about is how much the police will be able to 
contribute to such an inquiry.

“I’ve genuinely been quite struck…that it was by and large the main 
topic of conversation that people wanted to raise with you in terms 
of politics.

“I don’t think we’re being over precious – there should be a line in 
the sand.”