TELEGRAPH 3.12.08
1. The Commons must reclaim its sovereignty
Brush aside the glittering dusting of pageantry that attends today's
State Opening by the Queen and you will find a Parliament that is in
serious trouble. The Damian Green case has raised profound questions
about the kind of country we are and the way we are governed. The
penny has finally dropped for the Metropolitan Police, whose heavy-
handed investigation of Home Office leaks to the Tory frontbencher
triggered this constitutional drama. In calling in Ian Johnston, the
chief constable of the British Transport Police, to investigate, the
force is at least acknowledging the political and public disquiet
(though asking another policeman, and a former Met officer at that,
to do the digging will reassure no one).
But it is of Parliament that the bigger questions are being asked.
The police raided an MP's office because they felt they could. Yes,
they were given permission to do so, by whom it is still not clear,
though the Speaker must bear ultimate responsibility. But, in years
gone by, they would not even have dared ask, such was the
unchallengeable authority of the highest court in the land and its
elected members. That mystique has been systematically undermined by
an executive that has proved dangerously careless of its
constitutional responsibilities. For the Labour Government,
Parliament has proved an irritant, to be circumvented whenever
possible. This erosion of the sovereignty of the legislature
coincided, in 2000, with the election of Michael Martin as Speaker.
Mr Martin's elevation to the position of first commoner in the land
was a shamelessly partisan affair; the Commons convention that the
major parties take turn about to fill the Speaker's Chair was
trampled over by Labour. Parliament has subsequently paid a high
price, with one of the most undistinguished Speakerships in memory.
The Tories will, understandably, be baying for blood over the Stasi-
like treatment of Mr Green. Yesterday's ill-advised meeting of
ministers convened by Harriet Harman, the Leader of the House,
apparently to orchestrate a government operation to get Mr Martin off
the hook, has further inflamed their sense of grievance. But the
Tories should tread carefully. If they overplay a strong hand with
too many parliamentary theatrics, they risk losing the moral
ascendancy. As for Speaker Martin, can he confound his critics (many
of whom are on the Labour benches) and rise to the occasion? The
decision to allow the police to seize the correspondence and
computers of an MP who has not been charged with any offence was
unforgivable. Mr Martin must explain how it happened and convince the
Commons that it will never happen again. If he cannot, then he must go.
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2. Queen declined to meet Commons official who authorised Damian
Green police raid
Parliament's first woman Serjeant-at-Arms, who authorised the Police
raid on Damian Green's Commons office, has yet to receive the
traditional endorsement from the Queen.
By Andrew Pierce
By convention serjeants-at-arms, who date back eight centuries, begin
and end their tenure at the Palace of Westminster with an audience
with their Sovereign.
Yet six months after Jill Pay was surprisingly elevated to the
historic ceremonial role by Michael Martin, the Speaker, she has yet
to be invited to Buckingham Palace which is displeased by the
downgrading of the role.
Miss Pay replaced Major General Grant Peterkin after Greenpeace
protesters penetrated Parliament's security cordon, which he was
responsible for, to unfurl anti-nuclear banners by the Speaker's
grace-and-favour apartment. The protesters had a direct view into the
Speaker's bedroom.
Three months later, when the Speaker failed to renew the Ampleforth
educated Maj Gen Peterkin's contract, he pointedly stayed away from
his Westminster leaving party.
Mr Martin, however, used the departure of the most senior ceremonial
figure in the Commons, to try to change the culture of the court of
the so-called "men in tights". He decided to make a decisive break
with the tradition of appointing public-school-educated retired army
officers to senior positions. Maj Gen Peterkin was an officer in the
Queen's Own Highlanders.
In the shake-up the ancient post of serjeant-at-arms was downgraded,
with its responsibilities for security limited to the Commons chamber
itself. Miss Pay, who had been assistant serjeant and before that a
civil servant in the Department of Employment technical and
vocational education initiative, took over the post.
The selection has always been made in the Speaker's office but
Buckingham Palace at least regards it technically as a Crown
appointment. But the Queen's courtiers were not consulted about the
about the appointment or the decision to downgrade the role of the
serjeant-at-arms who takes centre stage today at the State opening of
Parliament. The serjeant-at-arms is the oldest royal bodyguard in
England dating from the time of Richard I around 1189.
When it was suggested that time might be found in the Queen's
schedule for an audience word came back from Buckingham Palace that
no time could be found in the packed diary of engagements.
Miss Pay, when asked about the apparent snub, declined to comment.
Challenged in the past, she said: "I am not going down this route
with you; I'm not going to discuss it any further." The Speaker's
office has also declined to comment.
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POLITICS HOME 3.12.08
Comments on Police Scandal
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Sky News at 08:45
Grayling: police access to sensitive information of MPs' constituents
Chris Grayling, Shadow Work and Pensions Secretary
Later Mr Grayling said that the arrest of Damian Green raise issues
about police access to sensitive information of MPs' constituents.
"We're all dealing in our parliamentary offices with some extremely
sensitive information from our constituents,"
"The last thing any of us want to see happening is that information
being readily available to the police," he said.
He said a debate in the Commons was necessary because "There are a
lot of MPs who have serious questions for the Speaker".
"It's absolutely right and proper that there should be a debate about
what happens now and particularly about what happens if a similar
situation arises in the future," he said.
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Sky News at 08:40
Lord Mandelson : Opposition creating a smokescreen
Lord Mandelson, Business secretary
Later on Sky News, Lord Mandelson spoke of Damian Green's arrest. He
accused the opposition of creating a smoke screen.
"It is a pretty self-serving smoke screen to hide behind their
collusion with the civil service," said Lord Mandelson. [That's a
somewhat libellous remark about the civil service -cs]
"The civil service operates on the basis of a code of impartiality
and professionalism - I want to know if the leader of the opposition
colluded with this civil servant.
"We are talking about a civil servant who signed a contract of
political neutrality - if the Conservatives were in government,
they would not enjoy seeing a civil servant working for and with
the opposition. [Tell this to Gordon Brown who lived and prospered
on leaks -cs]
"No MP, however great is above the law."
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Today, Radio 4 at 07:44
Davis: Even the government accepts something has gone wrong
David Davis, Conservative MP
Mr Davis said the government accepts that the Damian Green affair
shows something has gone wrong, and added "there has to be a debate".
Asked about the suggestion that national security could be a factor
in the Damian Green arrest he said, "It's entirely ludicrous. Had
there been a national security factor the official secrets act would
have been used.
"This was oppressive action by the state, heavy handed action. We're
getting a statement from the Home Secretary I suspect tomorrow. Even
they accept something has gone wrong.
"If it goes to the heart of what an MP does, parliamentary privilege
takes precedence. It protects them when they're doing their job.
"There has to be a debate."
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Today, Radio 4 at 07:39
Foulkes: Let's wait to see what Martin says before we judge him
Lord Foulkes, Labour peer
Lord Foulkes said everybody should wait until Michael Martin delivers
his statement before judging his actions, and added that he believed
the government agreed there should be a debate on the circumstances
surrounding Damian Green's arrest, and that it would be the first in
the Queen's Speech debate.
"Let's wait to see what Michael says before we judge him. We don't
know yet the circumstances. We'll have to wait until we see the
statement. There are some sections of the media that have a vendetta."
He added that Douglas Carswell's, "only claim to fame is that he
regularly calls for Michael to resign."
He concluded by saying that he believed the government agreed there
should be a debate on the circumstances surrounding the Damian Green
arrest, saying "I think it will be the first debate in the Queen's
Speech.
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