Legitimate public interest

It is hard to overstate the significance of  the decision of the Director of Public Prosecutions to drop charges against Damian Green.

The DPP has stated clearly that the documents leaked by the Home Office official, Christopher Galley, to Damian were not secret, nor was the leak a threat to national security:

“It did not relate to military, policing or intelligence matters. It did not expose anyone to a risk of injury or death. Nor, in many respects, was it highly confidential.

“Much of it was known to others outside the civil service. For example, in the security industry or the Labour Party or Parliament.

“Moreover, some of the information leaked undoubtedly touched on matters of legitimate public interest, which were reported in the press.”

The DPP’s decision amounts to a complete exoneration of Damian.  It also raises serious questions as to:

  • the judgment of Jacqui Smith in deciding to refer the issue to the Metropolitan police;
  • the judgment of the police in deciding to pursue the investigation and, in particular, to raid Damian’s office in the House of Commons;
  • the response, or lack of response, of the Speaker when informed that the police were seeking access to the House to search Damian’s office.

The issue of Damian Green’s arrest is far from over; indeed it has only just begun.  As Harriet Harman acknowledged, big constitutional principles are at stake.

I look forward to the Government’s statement next week.

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