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Proceeding contribution from Andrew Mackinlay (Labour) in the House of Commons on Monday, 8 December 2008. It occurred during Debate on Speaker's Committee on the Search of Offices on the Parliamentary Estate.


Speaker's Committee on the Search of Offices on the Parliamentary Estate

Mr. Speaker is correct, and he has reaffirmed what must always have been the norm. He has restated the modalities and what will happen from now on—perhaps he should paint that on the eyelids of the Metropolitan police. I support the amendments because of the need for urgency. I understand that the policeman in charge of this is called Quick. Well, I predict that there will never be a slower man. We need only look at the case of my right hon. Friend the Member for Neath (Mr. Hain). It took 14 or 15 months before he was told that there was no case against him. We all knew that, but it was dragged out, and these blighters will drag this case out too. They know that they can kick it into touch until after the next general election. In any event, I am absolutely certain that the hon. Member for Ashford will not be charged. I come back to article 9 of the Bill of Rights. It will be impossible for a prosecutor or defence counsel to deal with the matter without referring to intent. If individuals have certain information, it relates to their work as a Member of Parliament or to their deliberations in Parliament, so the case will not go anywhere. I know that, and the police know that, but they are failing to recognise that they have bitten off more than they can chew and that they have trespassed on our rights and independence. It was put out that this was a matter of national security. Of course, it is not—everyone knows that—because if it was, there would be action under the Official Secrets Act. Under the clerkship of Mr. Bill McKay, there was an attempt by the Ministry of Defence police to come in here and get one of our Committee Clerks, who had received some unsolicited secret information. Mr. Bill McKay saw to it that it was made quite clear to the police how far they could go. I understand that our Clerk was questioned under caution. That was the end of the matter—they backed off—but they have tried it before and it is time that we asserted and reaffirmed our rights and duties. I was very grateful when Roger Sands, the previous Clerk, made the importance of article 9 quite clear to Lord Justice Hutton. To Lord Justice Hutton's credit, he acknowledged those rights and acknowledged that in his inquiry he could not trespass on the proceedings of Parliament. That was an important acknowledgment, generously given by the courts. They understand article 9, but the problem is that too many hon. Members do not understand the importance of article 9 and the Bill of Rights. We fought civil wars to create it and overturned a king. King Billy was not all bad; he had some redeeming features, and they need to be reaffirmed today. I urge hon. Members to stand up for Parliament, to support the amendments and to ensure that full exposure and examination is given to the tawdry events of last week.


Secondary information

Type
Proceeding contribution
Reference
485 c279-80 
Session
2008-09
Chamber / Committee
House of Commons chamber
Subjects
House of Commons Powers of entry Police Powers Members Metropolitan Police Parliamentary privilege Offices Right of search Speaker Speaker's Committee on the Search of Offices on the Parliamentary Estate Department of Chamber and Committee Services Serjeant at Arms Directorate Green, Damian
Link
View this Proceeding contribution on www.publications.parliament.uk