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The British Crisis

Do the public really want to change ‘the system’?: Stuart Wilks-Heeg presents polling evidence
 

Don't trust MPs' constitutional poker: Guy Aitchison supports the call for a citizens' convention
 

Brown's 'National Council for Democratic Renewal': Anthony Barnett on the Prime Minister's desperate proposal
 

More in this series

Who Polices The Police?

Open letter to the BBC: Guy Aitchison and Stuart White raise serious concerns with the BBC's coverage of G20 policing
 

The Met must stop spinning G20 policing: Defend Peaceful Protest on the Met's response to its critics
 

Met watchdog criticises G20 policing: Anna Bragga reports on the MPA meeting
 

Our campaign to defend peaceful protest launches: Guy Aitchison and Andy May have some questions for the Met following the policing of the G20
 

The architectural photographer as terrorist: Edward Denison recounts his detention for photographing a police station
 

Letter to the Beeb: Guy Aitchison responds to a complacent and misleading feature on "kettling" for the BBC website
 

Not "kettling" but "bubbling": Clare Coatman on polarised views of police and protesters
 

Kettling - another special relationship: Charles Shaw's eye-witness account of the practice's US debut
 

Practical proposals to reform the police: Guy Aitchison invites OK readers to add to a list
 

Met orders review into policing of protests: Guy Aitchison comments on Sir Paul Stephenson's suggestions
 

Trapped and beaten by police in Climate Camp: Testimony from Chris Abbott

More in this series

The Damian Green Affair


A Very British Arrest: Laura Sandys on the precedent of her father's 1939 experience.


One reason why the police are dangerous, undemocratic and stupid: Anthony Barnett condemns an attack on democracy.


Questioned by the Met: An MP's experience: Tony Clarke on the crucial differences with his own case.


A Constitutional Failure: The Damian Green case highlights the need for a written constitution, argues Tom Griffin.

Immigration islands


The Return of Enoch: Enoch Powell's repatriation agenda must not be rehabilitated, argues Sunder Katwala.


The ugly economics of immigration: Paul Kingsnorth on why the left is out of step with working class interests.


Immigration and the Politics of Resentment: Shamser Sinha suggests the real problem is a politics that turns neighbour against neighbour.

A neoliberal kingdom


Britain’s neo-liberal state: The financial crisis exposes the need for democratic modernisation, argue Gerry Hassan and Anthony Barnett.


MODERN LIBERTY



Digital Privacy Wars: Guy Aitchison flags up a debate on the threat business poses to digital privacy


The Stalker State: Phil Booth of No2ID on the proposed Comms database


Say 'No' to 42 days: Sign Amnesty's petition against extending pre-charge detention


What do we do now?: Anthony Barnett assesses the stakes for for liberals and radicals in David Davis's campaign against the erosion of rights and liberties


The Abundance of Caution: an authoritative essay by Anthony Barnett sets out the case against 42 Days

Labour After Brown

The next left -Life after the Labour Party: Gerry Hassan sees a historic opportunity for the emergence of a post-New Labour left.

Scottish Labour, where's the coffee?: Gerry Hassan assesses the prospects for Scottish Labour and its new leader.

Lesson for the Left from Chile to Britain: Hassan Akram offers a global perspective on Labour's malaise.

From Milibland to Johnson land?: Jeremy Gilbert argues for Labour without neo-liberalism.

Magical thinking on Britishness: Anthony Barnett critiques Liam Byrne on fraternity.

Rule of law at risk: Geoffrey Bindman calls for a turn away from the marketisation of government.

A new Bill of Rights for Britain?: Guy Aitchison analyses Parliament's proposed new Bill of Rights.

Miliband - by our rights we will know you: Claire O'Brien puts forward a new progressive vision for Labour.

Recapturing liberal Britain: David Marquand challenges Labour's constitutional orthodoxy.

Miliband and the Liberal Democrats: James Graham on the case for realignment.

What is Labour's British story?: Writing from Scotland, Gerry Hassan widens the OurKingdom debate on Labour's future.

This is not Brown's crisis but Britain's: David Marquand says social democracy is bust and Britain may be too.

The Challenges for Miliband's Progressive Fusion: Fabian Society head Sunder Katwala responds to David Miliband.

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Damian Green blog reactions

Tom Griffin, 28 - 11 - 2008
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Tom Griffin (London, OK): The arrest of Conservative immigration spokesman Damian Green has provoked a huge amount of comment  since the first hints started emerging on the blogosphere last night.

ConservativeHome's Tim Montgomerie is incensed...

Given that Boris Johnson and others received prior warnings - but were unable to act - it seems very unlikely that a Home Office Minister (who did have the power to stop the police and may have even had to sanction what happened) did not have prior knowledge.  Such is the reputation of this Government, few are likely to believe ministers' denials anyway.  If Jacqui Smith did know she should resign.

...but so to is Lib Dem Shadow Home Secretary Chris Huhne...

Receiving information from Government departments in the public interest and publicising it is a key part of any MP’s role. This is the most worrying development for many years, with the potential to shift power even more conclusively from Parliament to the Government. It is also extraordinary considering Gordon Brown himself as Shadow Chancellor received and publicised many leaked official documents. It seems that either the law needs to be changed, or the police have overstepped the mark.

...and Labour's Sunder Katwala is also concerned.

Nine members of the counter-terrorism squad to arrest Damian Green sounds absurdly heavy-handed to me. As did the style of the police’s treatment of Ruth Turner during the cash for honours investigation. Aside from partisan bias, I can’t see any reason to take a different view of those cases on the information which I have.

Speaking of partisan bias, Guido's Zanu Labour taunts have got a mixed response from Tory bloggers.

A more substantive contribution comes from Douglas Carswell MP, who believed that the Speaker of the Commons sanctioned the police raid on Damian Green's office. No doubt William Lenthall would not approve.

Over at Liberal Conspiracy, Unity questions whether Green's actions were necessarily covered by parliamentary privilege:

its [the] final piece of leaked information cited by the BBC that could, were it be linked to Green, give him a serious problem - a list, compiled by Labour’s Whip’s Office of potential Labour rebels on the 42 days pre-charge detention vote. That is a (party) political matter that, while it may of interest to the public (and the oppostition, of course) is not a matter of legitimate public interest, not least at relates to the voting intentions of members of the legislature and not to a matter of government - although one hestiates to use the ‘W’ word (Watergate), the leaking of party political information to opposition members falls outside the legitimate scope of the public interest and amounts to political espionage.

Iain Dale has a few questions of his own, 15 to be precise, of which the final one gets to the heart of the privilege issue:

Have the Police impounded Damian Green's various computers? If so, how is his constituency casework [correspondence] safeguarded? How can any MPs' constituents now believe that their casework is totally confidential?

 

 

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Not logged in (not verified) said:

Mon, 2008-12-01 17:08

Damian Green. If the rights of our members of parliament are held in such esteem what price for the rest of us?

Anne Palmer (not verified) said:

Sun, 2008-11-30 11:26

Reading about the trauma that the family of Damian Green went through, probably like many ordinary people have gone through from time to time, I would like to fast forward a little if I may? What do you think Mr and Mrs Green would have felt like if it had been the Eurgendarmerie that had broken into their House and taken Damian Green away plus all his papers?

How about, unbeknown to him he had been tried in absentia on the Continent, found guilty and taken away to serve his sentence on the Continent. Think it could not happen? Does Mr and Mrs Green think because he is a British MP, it could not happen, that he could not be treated in the way he so recently has? Think again and read the Treaty of Velsen.

Headlines in the Daily Mail 18.12.2004 “Palace Dismay as British FBI fails to swear its Allegiance”. Will SOCA and SO19 eventually come under Europol, or Eurogendfor? If these two former organisations are to remain under UK authority there really is no reason why they should not swear allegiance to the Crown and this Country. The other reason why they have not as yet sworn allegiance to the Crown is too horrible to contemplate. Perhaps through that paragraph one can see the real danger to this Country by ‘no discrimination on the grounds of Nationality”. (No Discrimination is in the Treaty of Lisbon and the Human Rights Act.)

Look at Article 5 of the Treaty of Velsen; and whether we are in the Eurogendarmerie or not, it makes no difference at all for, “Eurogendfor (EGF) may be placed at the disposal of the European Union (EU) and also of the United Nations (UN), the Organisation for Security and Co-operation in Europe (OSCE), the North Atlantic Treaty Organisation (NATO) and other international organisations or an ad hoc coalition”. So basically Eurogendfor may be put into use anywhere that may be deemed a crisis situation by the EU, perhaps a country that objects to EU Treaties or Legislation, especially if the Lisbon Treaty is ratified, or perhaps NOT ratified?

Article 16 (2) Eurogendfor Personal may possess, carry and transport arms, ammunitions, other weapon systems and explosives on the conditions that they are authorised to do so by their orders and that they do so in accordance with the laws of the Host State (HOST means the Party on whose territory the permanent HQ is located) and the Receiving State (The Party on whose territory EGF Forces are stationed or in transit).

11) Eurogendfor has many Privileges and Immunities, (Art 19). Individual Privileges (Art 20) and they also have Inviolability of the premises, buildings and archives (Article 21). In other words, Eurogendfor can basically do what it wants. Don’t you wish all of us had the right to do what we want? If they come crashing into your house in the dead of night, we might all wish our premises too were inviolable. (For now, they cannot do this in the UK) I believe even the innocent have much to fear, perhaps more so than the Criminal because criminals know the risks they are taking when they set out to break the law. My thoughts turn to my memories of how I watched newsreels of the Gestapo in action during world war two. Some tried to have us believe they were just propaganda films. Now? Who would have thought this kind of thing could happen in peacetime? Do you still think the police are your friends? Does Damian Green or Mr Cameron STILL think it couldn't happen? Think again. Anne Palmer

MartinM (not verified) said:

Sat, 2008-11-29 00:14

First they came for Damian Green, and I said nothing . . .

Hoover (not verified) said:

Fri, 2008-11-28 23:59

Is anyone arranging a demonstration or protest of some kind?

Please keep us apprised as I would shift my fat arse to attend for the first time since I rocked against racism in my youth.

Dougthedug said:

Fri, 2008-11-28 21:56

My knowledge of the laws of Parliament and how these laws protect MP's and their information sources is sketchy but nobody has come out and said that the Police broke any laws when they arrested Mr. Green.

If it is also true that the Speaker let the Police into Mr. Green's Parliamentary office then the Police broke no laws there either.

If the police were within their rights according to the law, bad or good, all this affair has done is show that despite lots of waffle about, "Parliamentary Privilege", MPs' and their information sources are as unprotected as you and me in their right to keep information or the providers of information confidential from the police. The Right Hon. Mr. Green lost his computers, mobiles and boxes of papers to the police just like any other subject of the crown.

Anthony Barnett wrote:
Thus the arbitrary, corrupt and despotic behaviour of New Labour under Blair has now bred an arbitrary and despotic police command.
I think that it is more that as the police have become more powerful under the endless, "War on Terror", with powers of arrest before they find evidence, detention without trial, the intensifying surveillance of society and the right to shoot to kill with no consequences they have lost their fear of both public opinion and of Parliament. The conventions under which the MPs' thought they were privileged have been shown to be no more than conventions which do not stand up to a powerful police force operating only under legislation not convention. Arcane conventions and tradition are just that to the new police in this country. What are needed are well defined laws which lay out what rights an MP has when operating in the public interest.

The question is did Brown and Smith know about the police plans to arrest Mr. Green and if they did why are they evasive about it now? A simple, "Yes, we knew about it and it we let the police get on with the job", or, "No we didn't, and we're going to see heads roll for keeping us in the dark", would both be much better responses than the shifty and carefully crafted replies we have received so far.

I don't think this is going to sink Brown as he's now unassailable in the Labour Party but it's going to sink the Speaker Michael Martin and the Serjeant at Arms. They let the police in to search a Parliamentary office. That's never going to be forgotten or forgiven on either side of the house.

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