Damian Green - 2008 Arrest

2008 Arrest

Green was arrested by the Metropolitan Police at his constituency home on 27 November 2008 on suspicion of “aiding and abetting misconduct in public office” and “conspiring to commit misconduct in a public office”, in relation to an investigation into unauthorised disclosure of confidential material from within the Home Office. The material disclosed was claimed by the Daily Mail to have 'severely embarrassed' the Government by highlighting failures over immigration and other matters. The police investigation was initiated by the Permanent Secretary at the Home Office, David Normington. It was reported that the arrest took place without the knowledge of the Home Secretary, Jacqui Smith. Green was held for nine hours on suspicion of conspiracy to commit misconduct in a public office.

Green's constituency and House of Commons offices were searched in addition to his London and Ashford homes, with police removing official documents and bank statements, computer hard drive and mobile telephone, and searching personal items such as love letters written to his wife some twenty years earlier. Green was later released on bail. In a statement to Parliament on 3 December, Michael Martin Speaker of the House of Commons, responsible for the security of the Palace of Westminster, stated that, although the police undertaking the search had neither presented a search warrant nor given (what Martin said was) the requisite advice that such a warrant was necessary, the search of the Parliamentary office had been undertaken with express written consent from the Serjeant at Arms, who had signed a consent form without consulting the Clerk of the House.

The arrest of a senior opposition politician (and former journalist) on matters connected with that politician's obtaining of confidential information for release to journalists generated much comment, largely from politicians and journalists. The Conservative Party leader David Cameron was said to be 'angry' over the action of the police. The Conservative Party issued a statement, stating that, while no one should be above the law, Green had "a right" to publish information in the public interest.

The constitutional expert Professor Vernon Bogdanor of Oxford University told the BBC that the row was a "storm in a teacup", adding that the “important principle is that MPs - apart from when they're speaking in the chamber and dealing with constituents' correspondence - are as subject to the same laws as the rest of us”. Geoffrey Robertson QC, a noted human rights author and barrister called the arrest “an affront to democracy” and called on the Speaker of the House to resign if it should prove that he had authorised the police search of Green's office. Robertson also pointed out that much of the debate over the police action had missed the point, observing that police have operational independence, and it would have been wrong for them to have told their plans to the Prime Minister or the Home Secretary.

A junior Home Office civil servant, Christopher Galley admitted leaking four documents to Green. In the 2004 local elections, Galley stood as a Conservative Party candidate for the Hetton ward of Sunderland City Council and received 676 votes. In mid-2007, Galley had applied to work for Green but was rejected.

The events led to speculation about the apparent coincidence that such a high profile arrest should be authorised on the last day in office of former Metropolitan Police Commissioner Sir Ian Blair. It was however also reported that there is no legal requirement for any arrest to be authorised by the Commissioner, and that the decision would usually be made by the officer leading the investigation. The investigation and arrest of Green were conducted by the Metropolitan Police Counter-Terrorism Branch headed by Assistant Commissioner Bob Quick, who had been appointed in August 2008 as the most senior anti-terrorism officer.

The arrest was criticised by political figures including Conservative Leader David Cameron, Liberal Democrat leader Nick Clegg and veteran left-wing Labour politician Tony Benn. The Prime Minister Gordon Brown made no comment over the arrest other than to say it was a police matter. The Director of the UK human rights organisation Liberty, Shami Chakrabarti, wrote in The Sunday Times an article highly critical of the arrest and search of Green's offices. The Leader of the House of Commons, Harriet Harman, has also expressed her concern, and Justice Secretary Jack Straw was said to be 'surprised' by the arrest of which he knew nothing.

Green is reported by Andrew Marr to have believed he was the subject of a bugging operation, which would have required the authorisation of the Home Secretary, Jacqui Smith. Smith stated that she had not granted any such order. Green's constituency agent subsequently confirmed that a search of Green's two homes, his offices in Bethersden and Westminster, and his car had been commissioned, but that no listening devices were discovered.

On 21 December 2008, a row erupted when Assistant Commissioner Bob Quick accused the Conservative Party of trying to undermine his investigation and of endangering the safety of his family by publishing details of his home in the Mail on Sunday: “The Tory machinery and their press friends are mobilised against this investigation. I think it is a very spiteful act, possibly to intimidate me away from investigating Mr Green, and I feel it has put my family at risk.” The Conservative Party stated that it had "played no part whatsoever in the publication of this story", and that “as the officer leading the inquiry into the allegations involving Damian Green, Assistant Commissioner Quick should display objective professionalism and not make baseless, political attacks. He should retract all of his allegations immediately.”

The following day Quick did retract his statements and apologised: “I have now reflected on the comments I made yesterday at a difficult time for me and my family ... I wish to make clear that it was not my intention to make any allegations and retract my comments. I apologise unreservedly for any offence or embarrassment that I have caused.” On 9 April 2009, Quick resigned his position after inadvertently revealing details of a counter-terrorist raid that was unrelated to the Green affair.

On 16 April 2009, the Crown Prosecution Service announced that it was not going to bring a case against either Green or Galley, the Home Office civil servant who passed data to Mr Green, as there was "insufficient evidence" for either to face charges. This followed the Commons Home Affairs Select Committee criticizing Home Office civil servants for prompting the investigation by using "exaggerated" claims about the implications for national security that the leaks held.

On 18 April 2009, Damian Green claimed that arresting officers had searched his computer documents and emails for key words "Shami Chakrabarti", fuelling claims that his arrest had been politically motivated. Following a disciplinary hearing, Galley was sacked from the civil service on 24 April 2009 for “gross professional misconduct”.

Galley claimed that Green told him: “If you are fired, we will look after you”, but that his attempts to find work have been rebuffed; Conservative MPs, Galley averred, “don't want to touch me now that I have done their dirty work”.