Policing Process of Home Office Leaks Inquiry

HC 157, Fourth Report of Session 2008-09 - Report, Together with Formal Minutes, Oral and Written Evidence

Author:

House of Commons - Home Affairs Committee

Publisher:

TSO (The Stationery Office)

On 27 November 2008 a senior Member of Parliament and Opposition spokesman, Mr Damian Green, was arrested by police and his home and offices searched in connection with an investigation into the leak and publication of a number of government documents.

Press reports indicated that Mr Green was believed to have received government documents from a Home Office official, Mr Christopher Galley, who had been arrested eight days earlier and who had subsequently admitted to having leaked some documents. This series of events, and particularly the fact that Mr Green's office at the House of Commons was searched without the police producing a warrant, caused considerable disquiet.

The Committee's remit was to review the internal processes of the House administration for granting permission for such action (such as police searches of Members' offices and seizure of their papers) and to make recommendations for the future. As a starting point, the reasons why the police were requested to investigate the suspected disclosure of government information and how many disclosures, the type of information that had been leaked, in particular, whether any of it was relevant to national security or was otherwise classified, and the efforts that had been made to discover the source of the leaks before the police were called in. Also the Committee wished to disentangle the roles of the Home Office and the Cabinet Office in the investigation process.

The Committee concluded that the Home Office appears to have followed best practice for investigating leaks, as set out in the Cabinet Office's Memorandum to the Committees' sister Committee. But there are concerns that growing frustration in both the Home Office and the Cabinet Office may have led officials to give an exaggerated impression of the damage done by the leaks that could reasonably be presumed to have emanated from the Home Office. The Committee thought it was unhelpful to give the police the impression that the Home Office leaker(s) had already caused considerable damage to national security.

The Cabinet Office's guidance to departments says that it is appropriate to involve the police in leak investigations when they involve "a serious and damaging impact on the functioning of a Department and suspicion of leaking sensitive information". However, it is easy to imagine circumstances in which a leak of sensitive information could lead to a damaging impact on the functioning of a Department without falling within the categories laid down in statute.

The Cabinet Office's guidance therefore seems to leave open the possibility of involving the police in an investigation without any suspicion let alone evidence that a criminal offence under the Act has taken place. The Committee recommend that the Cabinet Office revise its guidance to preclude this possibility.

Extent	67 pages	ISBN	9780215529718
Size	A4	Price	£13.50
Binding	Paperback	Published	16 Apr 2009
Availability	Colour copy: 3 - 5 days	Delivery	Delivery options and charges

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