Commons arrest row deepens as Scotland Yard says raid was lawful
officer claims it was made clear to authorities they needed consent for search of MP’s office
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The rift between police and Parliament deepened last night as Scotland Yard said its raid on the Commons office of Tory front-bench MP Damian Green was in full compliance with the law.
Assistant Commissioner Bob Quick, the senior officer in charge of the Home Office leaks investigation, said his officers made clear to House authorities that they needed their consent as they did not have a search warrant.
His comments appeared to directly contradict Speaker Michael Martin who told MPs that police failed to tell the Serjeant at Arms, Jill Pay, that she was not obliged to agree to the search.
And Mr Green challenged Scotland Yard’s assertion that he was arrested on suspicion of “counselling or procuring” misconduct in a public office when he was held for nine hours last week.
Amid angry scenes in the Commons, Home Secretary Jacqui Smith defended the decision to call in the police, arguing that the “systematic” leaking of sensitive Home Office documents could threaten national security.
But shadow home secretary Dominic Grieve claimed the real motivation was the desire to protect the government from embarrassment.
In a letter to the home secretary, Mr Quick said officers met Ms Pay on Wednesday last week to seek permission to search an MP’s office. They told her a magistrate had already granted warrants for three other premises in relation to the inquiry.
“The officers explained the nature of the investigation and the purpose of the search and were satisfied that the serjeant at arms understood that police had no power to search in the absence of a warrant and therefore could only do so with her written consent or that of the Speaker,” Mr Quick said.
He said Ms Pay indicated that she would give her consent at the “appropriate time” and that she would also inform the Speaker.
The next day she signed a police search form and handed officers a letter agreeing to the search. The raid was carried out later that day.
In the Commons, Mr Grieve said Mr Quick’s account was “incompatible” with Mr Martin’s on Wednesday.
A spokeswoman for Mr Martin refused to comment.
Mr Green challenged Mrs Smith on the floor of the House after she reiterated he was held “on suspicion of conspiring to commit misconduct in a public office and aiding and abetting, counselling or procuring misconduct in a public office”.
Brandishing a copy of his arrest warrant, he said the words “counselling and procuring” did not appear on it. Scotland Yard declined to comment last night.
Earlier, Mrs Smith claimed her officials were right to call in the police after a series of internal Home Office inquiries failed to identify the source of “systematic” leaks over “a sustained period”.
She told MPs there had been particular concerns because of “the sensitive issues, including national security”.
Mr Grieve retorted: “This episode has nothing to do with national security and everything to do with political embarrassment.”
The formal request for the police investigation was made on October 8 by the Cabinet Office.
Junior Home Office official Chris Galley was detained on November 19.
The Home Office leaks included the disclosure that 5,000 illegal immigrants were working as security guards and bouncers and a letter from Mrs Smith to the prime minister warning that the recession would spark a rise in crime.
Yesterday, Gordon Brown gave his backing to Mr Martin. “I’ve got a great deal of confidence in the Speaker. He’s got a very difficult job and he tries to do it, and does it, to the best of his ability,” Mr Brown told an interviewer.
The premier’s spokesman confirmed that the committee of seven senior MPs being set up to investigate the whole affair was unlikely to start work until after the police inquiry was concluded.
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