Damian Green will NOT face charges over Home Office leaks

The Director of Public Prosecutions has just announced that Damian Green will not be prosecuted for aiding and abetting misconduct in public office.

The DPP said that the information handled was not secret, did not relate to national security, military or policing matters and that it was not highly confidential. He even added that some of the information leaked touched on "legitimate matters of public interest".

The Telegraph has published the DPP's decision in full.

Great news for democracy and a tremendous relief to Damian and his family.

He had been going about his work as an Opposition politician and benefited from leaks inside the Home Office to highlight facts which were embarrassing for the Government - something which Gordon Brown did himself when he was in Opposition.

But why did it take so long for the CPS to reach this conclusion?

More reaction will follow as soon as I have it!

11.40pm update:

Damian Green has just made the following brief statement on College Green:

"I welcome the decision by the Director of Public Prosecutions, and I want to thank the thousands of people who have contacted me with support.  A large part of my job as Conservative Immigration spokesman is to expose Government failings in immigration policy. That is precisely what I was doing, and that is why Ministers were so embarrassed.

"This led to the first arrest of an opposition politician for doing his job since Britain became a democracy. I cannot think of a better symbol of an out of touch, authoritarian, failing Government which has been in power much too long."

12.15pm update:

Home Secretary Jacqui Smith insisted that the Home Office has a priority to "maintain the protection of some of the most sensitive information in government" and that it was its responsibility to have the leaks investigated in order to protect such information. She concluded:

"It would have been irresponsible not to have taken action." 

The BBC is reporting at 12.45pm that Jacqui Smith is announcing a new review into the Green affair - more will follow later. This is in fact a reference to the promise made by Mrs Smith in January to review the Home Office's handling of the affair as soon as any legal proceedings were over, which obviously they now are.

Jonathan Isaby

Comments

[Freddy]

When are the persons responsible for this constitutional outrage going to be held to account?

[Steve Foley]

GOOD!!!! A bit of common-sense at last!

More power to Damien Green's elbow!

[David_at_Home]

Now I wonder just who in the Met and Civil Service will be sacked for this bumbling anti-democratic effort at intimidation?

[Jack of Kent]

A welcome decision to end an utterly misconceived investigation.

And now searching questions can be asked. I will be blogging on this over the weekend.

[Steve Tierney]

It "took so long" because by keeping a decision in the long grass for a few months the allowed the issue to 'die'.

Now, anybody not "into" politics will barely remember it with all that's happened since.

Misdirection, smoke and mirrors. As usual.

[London Tory]

G20 demonstrations, Bob Quick resignation...and now this.

The Useless Police are on a roll at the moment !

[rcs]

It seems that the police did their job - they were told that serious issues of national security were involved.

The hyperbole seems to have emerged from the civil service, driven by political masters.

[Yogi]

The Home Office officials who decided to call the police in were probably special advisers who happen to be part of the civil service.

So now the tax payer money is used by the so called civil servants to silence an MP.

[Conand]

There has been some discussion already about the involvement of the Cabinet Office in this.

Back to the now default question: What did Tom Watson know?

[A Reformed Labour Voter]

Is there no end to the depths this Government will stoop to?

Cabinet Ministers with grace & favour accommodation claiming second & third home allowances, Home Secretary claiming for Porn, slanderous lies about HM Opposition and their spouses.

Now trumped up 'security risks' to get the Police to do their dirty work. It's a disgrace.

[Dorothy Wilson]

Hurray! And how much has this fiasco cost the taxpayer?

As Conand writes: back to the default question. What did Tom Watson - and Gordon Brown - know about this?

[Emily Broadacre]

Free at last! Free At last! Thank the LORD Free at last!!!

[Cleethorpes Rock]

How do we restore trust and confidence in the police?

Many in the middle classes now view the police as against them, as thuggish and ruled by politically correct patsies. Their only contact with the police now is when they're stopped for doing 62mph or if they go to a football match. A strong, supportive and civic-minded middle class is the best ally our police can have. We need to repair that relationship.

[Walter West]

In reply to David_at_Home (11:20) the relevant person in the MET would probably be Bob Quick and since he has already been sacked for another balls up I don't think anyone else will, or should, be going.

As for the Civil Service ... I can't see Sir David Normington being sacked but he certainly deserves something of a dressing down from the Head of the Civil Service and probably owes the MET, Damien Green, the Home Secretary & Parliament an apology for a clear lack of judgement.

[Tom FD]

The BBC is reporting the CPS as saying there was "insufficient evidence" to bring the case to court. This is a disgraceful thing for them to say, because it suggests that they believe (but cannot prove) Green has done something wrong.

Now when is Mr Green going to have his computers returned?

[London Tory]

Can Bob Thick be reinstated today, so that Boris can sack him again ?

[Denis Cooper]

And will his DNA information now be removed from the police database?

Which is why the police have got into the bad habit of arresting first, and asking questions later - because every arrest allows them to make another addition to their DNA database.

Now, McBride - as there is such strong prima facie evidence of criminality, when are the Tories going to demand that the police start an investigation with a view to charging him with "misconduct on public office"?

[Gary]

Common sense at last.

[David]

Tom FD, that is actually normal CPS language for this sort of thing. It's way too diplomatic in cases where they clearly never had anything in the first place, but it actually appears in the CPS statement as well. However, I agree with you that the BBC shouldn't put that first; what they should be focusing on is the rest of the stuff in the statement about the information being absolutely okay to leak. It's pretty clear that the CPS thought this case was nonsense.

[Simon Richards]

Great news. At long last, I can return The Freedom Association blog to blue, having gone green when Damian was arrested, to show solidarity with him.

[Allan]

Can't really say I'm that surprised about this decision.

If the SB detectives really had found secret material (rather than purely material that is embarrasing to HMG) then Mr. Green would have been in the dock ages ago.

Think Clive Ponting et al!!

I would argue tha the SB, on the information received from the Home Office did their job and investigated as per their orders.

I agree they could perhaps have sent along a team to have a chat with Mr. Green rather than the more 'gung-ho' approach but traditional softly, softly SB work doesn't get senior officers on the TV.

And also such a low key approach doesn't provide much of a story either for the non-print media.

[YMT]

The police were misled so it would be unfair to overly criticise, after all they were led to believe that national security had been compromised.

But it was a lie, the police misled into do Labour lashing out for them. This has all happened before as is common with the dying days of a government.

The Labour party is a mirror to the personality of their leader, and this is why it is as flawed, fractured, untrustworthy and vile as the man at the top.

[John Bright]

Some good news at last, it’s probably overwhelming public opinion that brought it about.

[Malcolm Dunn]

Well what a suprise-not!The people responsible for this fiasco should be sacked but I very much doubt anything will happen to them.
Conservatives need to be careful how they react to this. We went over the top when it first happened. Questions to Jacqui Smith and anyone else involved need to be precise and not just calls for her resignation which will of course be unheeded.

[Freddy]

@YMT I am not sorry to tell you that BROWN is the worst PM this country has ever had, pipe smoking Harold notwithstanding!

[sbjme19]

I wonder what the cost to the taxpayer of this whole disgraceful saga was?

[Norm Brainer]

Good job.

Now can we set the attack dogs on labour for causing this?

[Victor, NW Kent]

A great day - the government has failed in an attempt to intimidate the Opposition.

[David Belchamber]

There is a rottenness at the heart of this government which recent events have brought to light.

Thank goodness that there is still a glimmer of democracy and common sense left that have overcome the Gestapo-like tactics used by No 10.

I would like to hear what David Davis and others who have striven for our liberty have to say on these matters.

Could we invite DD onto ConHome to do that?

[Freddy]

If Jacqui Smith can't apologise for this fiasco she should resign, or Gordon "Sorry" Brown should sack her!

[Span Ows]

This wa srushed forward after having been put off from February for next week...I wonder if they don't want any trails being followed back to other government offices...this is good news for Damian etc but bad news for those who may want to get to the bottom of stats and figures being hidden by government and the Speaker hoohah over entry to parliament offices etc...they're burying bad news!

[Walter West]

I think that Jacqui Smith should apologise to the House on behalf of the Home Office (she is accountable if not responsible), but as i've said before I think it is beholden on Sir David Normington to say sorry to the relevant parties.

I also think that whilst the police made a mess of things, they were misled and they have been used. They are as much victims of this as Damian Green and must be furious: it is one thing to be blamed for their own failings but being made fall guys for someone else's failings simply isn't fair.

[Iceni]

Damian Green is prime candidate to become a future Home Secretary. I congratulate him — a better example of grace under pressure hasn't been seen for 50 years in politics.

His point that illegals are employed as security personnel is still valid, several of those 'students' arrested last week, were working as full-time security guards. The Home Office has turned our immigration and visa system into a Whitehall farce. Perhaps he'd care to raise the matter again.

As for Smith, Brown, Harman et al., I'm looking forward to seeing whether they have the nerve to take their seats on the Government benches after the recess and look the Opposition (or should I say government in waiting) in the eye.

[Dontmakemelaugh]

Many in the middle classes now view the police as against them, as thuggish and ruled by politically correct patsies. Their only contact with the police now is when they're stopped for doing 62mph or if they go to a football match. A strong, supportive and civic-minded middle class is the best ally our police can have. We need to repair that relationship.

Posted by: Cleethorpes Rock | April 16, 2009 at 11:35

You hit the nail right on the head. In days of yore when the uppercrust ruled and the middle-classes strove to join them, the police as public servants
were expected to touch forelocks like a stable lad to owners and trainers.

However, since the arrival of the motor car and the legislation affecting it, some of the upper and middle classes are sometimes transgressors. As a result police have stopped being the flavour of the month. The way for police to regain a favoured status is for all road traffic legislation to be abolished for all those in the middle or uppercrust classes (and certainly for 62mph).

I am not at all surprised that Green has been vindicated in his search for the truth. I could not get a bet on the outcome with William Hill that he would be found NG. A spokesperson said, "You would be better off betting that Sir Alex wont be chewing gum at the next MU match and the odds would be bigger.

[niconoclast]

This would not have happened if the Civil Service was run properly with each administration bringing in its own people instead of keeping up the pretence that it can practice impartiality.Thatcher knew the latter was a polite fiction and rightly didn't trust civil servants further than she could throw them

[oldrightie]

This is wonderful news but my heart goes out to Mr Green and his family for the terrible unpleasantness they endured. Plus there is the matter of secret tape recording. The whole affair has Labour's dabs all over it and the film taken at the time of his office being raided is frighteningly similar to the scary tactics used by Soviet and other dictatorships. Always socialist, of course.

[DANIELLE]

Jacqui Smith is an absolute disgrace. She was still parroting the 'national security' line, AFTER being slapped down by Keir Starmer QC. Proof if anymore were needed, she is not fit to be Home Secretary and she is making a mockery of the office. Ditto re The Speaker.

[David Lindsay]

Having been charged, he should have had his day in court, to confront his accusers and clear his name.

Away with the CPS.

[pp]

I still believe the actual arrest was a trap for boris and cameron.

Quick spoke to Boris twice before the arrest (for no clear reason) - I believe in the hope that Boris would do something inappropriate, and so scupper the arrest and force Boris to be relieved of his responsibility within the met.

Boris behaved impeccably so defeating the trap - but they are still snapping at his heels as best they can.

Just as Osborne behaved impeccably regarding yachtgate dontations - but still got a bit of stick.

Brown isn't going to let go easily - being a tory is more dangerous than being a G20 protester.

[snegchui]

And the CPS didn't leak at all. That is the first amazing fact. The second amazing fact isthat the Met Officer, accused by his own superiors of jumping the gun, has already gone and will not be available for any enquiry, -whilst paid handsomely out of the public purse. If he did not resign over the other matter, the double whammy may have impacted his pension. We have been had, this timing stinks. Also what will occur in the next week to ensure that this and smeargate are off the agenda for next PMQ and low on the agenda for QT et al (I bet Labour field the lowliest MP they can) No Daily Politics to make a fuss.

The sad thing is that I think this will now delay an election until next year as all bounce has well and truly gone.

[Patsy Sergeant]

To follow what the other posters have said - 'A bit of commonsense at last'!!!!

[The Huntsman]

"maintain the protection of some of the most sensitive information in government"

She obviously did not take in the fact that the DPP had just trashed this as a valid reason for this enquiry. Indeed the DPP went out of his way to stress that the information subject of this particular complaint was in reality of low grade and mostly in the public domain in any event.

Thus the only basis for this being 'sensitive information' was that, if it leaked out, the Home Secretary would have a very sensitive spot on her posterior from the kicking she would get in Parliament and the press when it reached the light of day.

It was to avoid having her bottom kicked that the dogs were set on Mr. Green in the first place. Now they have come back to bite her. Such an outcome is richly deserved for this truly wretched and awful second-rater.

[Patsy Sergeant]

pp @ 15.05 - 'Brown isn't going easily - being a tory is more dangerous than being a G20 protestor'

pp - I daresay there are some that might disagree with the second section of your sentence above, but apart from Mr. Tomlinson's relatives, I think that is a pretty accurate estimate these days. And as 'snegchui's' comment at 15.44 below yours indicates it is all fairly, filthy contorted political contortionism going on at the moment.

[Walter West]

This Government now appears utterly incapable of doing anything right. They are at sea on the economy, their staff are making things up about the Opposition because, they are seeking refuge in the politics of fear and authoritarianism and are determined to play the 'national security' card even when the most idiotic one-eyed New Labour supporter can see that that argument is complete tosh.

You have to feel sorry for all the hard-working Labour activists, councillors, MPs and, perhaps, MEPs whose seats are under threat and hard work being undone by the utterly reprehensible performance of their Government.

Rather like with our lot in the run up to the 1997 General Election plenty of good people who happen to be members of the Labour Party will suffer for the actions of people like Jacqui Smith, Gordon Brown et al.

[David Sergeant]

Smeargate. - Greengate, - Smithgate, - Quickgate (Note. He can't be called to explain his roll in Greengate now.).

Put together this may point to a collapsing government but, above all, it points to a centuries old constitution being blatently undermind. Cameron needs to put this all together, frankly it is what you would expect from a Labour government that has lost all purpose other than biting the hand of the country that feeds them.

[jon dee]

Anyone who hoped our state broadcaster would take the Green outcome seriously, would have been disappointed with PM and Eddie Mair's superficial treatment of the story, today.

Apart from a short piece down the line from Green, it was dominated by an interview with Lord Armstrong whose knowledge of the issue was not obvious.

Conservative arguments must be harnessed, or this will sink without trace on the BBC.

[JB]

I find it strange that no one seems to have understood what the DPP said. He made it clear that actions amounting to misconduct by a public official had taken place but that it did not merit being taken before the courts as the motivation was political advantage, not personal greed or worse. Had the parties to the misconduct been a junior civil servant and anyone other than a politician a different decision might well have been made. Hopefully this decision does not give public servants the impression that 'anything goes'. How anyone can think Mr Green can work in the future with the Police or Home Office with any degree of trust beggars belief.

[Cheap Jordans]

He is unfortunate who cannot bear misfortune