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The Damian Green MP row, that is. Arrested and detained for 9 hours by the London Metropolitan Police, and his Commons office searched, all apparently in connection with materials that he might have received as a MP. Part of the confusion seems to be around what his rights as a MP are, as these things accumulate through precedent and tradition. Whereas the Irish constitution is much clearer –
Article 15
10. Each House shall make its own rules and standing orders, with power to attach penalties for their infringement, and shall have power to ensure freedom of debate, to protect its official documents and the private papers of its members, and to protect itself and its members against any person or persons interfering with, molesting or attempting to corrupt its members in the exercise of their duties.
13. The members of each House of the Oireachtas shall, except in case of treason as defined in this Constitution, felony or breach of the peace, be privileged from arrest in going to and returning from, and while within the precincts of, either House, and shall not, in respect of any utterance in either House, be amenable to any court or any authority other than the House itself.
The principle is clear and is found throughout the world: to protect the separation of powers, parliament polices itself.
Excellent stuff P!! Hope to cite that in my opening argument on Brassneck today. Keep your eyes peeled for teh Speaker’s statement on Wednesday. If his excuse is as weak as it looks, then he should walk the plank.
But there is the separate question of what you do about Civil Servants working apparently under the direction of the Opposition to take whatever he can from a Minister’s private office that will embarrassing to the Government.
The Whistleblower’s defence should suffice in law, but ethically, I argue it changes many assumptions upon which government rests (very unreliably and uncomfortably in this case).
The guy broke the law. Simple as. There has been lots of sanctimonious twaddle in all the papers over here. For months they have been giving out about home office leaks, and other department leaks. And for once the police actually do something and plug the hole and what do we get. Rupert Murdock bleeting on. nonsense story
Disagree Simon. There are at least two issues of principle at play here. The sanctity of the legislature. And the principle of a neutral civil service. Both look busted from where I’m sitting.
I agree with Mick. The civil service angle is important too. And also one that has been tested in Ireland. You’ll talk (and I have) to FGers who still feel that the 1994-97 Rainbow was undermined by a senior civil service with thinly veiled FF sympathies. In some ways the American model looks a lot cleaner, with its division between political appointees and career track civil servants. Anyway as for Green, to me the telling thing is the outrage even from the Labour benches. They know that the precedent here is dreadful.