The decision to arrest a member of Conservative Party’s Shadow Government, then to search his office at the Palace of Westminster and then raid his home and his constituency office in search of evidence to bring a charge of conspiracy to cause an employee of government to provide him with information to be used for political purposes raises important constitutional questions. I have no means of knowing the strength of the police case but the removal of papers and computers smacks of a fishing expedition. However the raid on his office within the Houses of Parliament is very serious and it is extraordinary that it was agreed by the office of the Speaker without reference to the Committee on Privilege. Unless he gives the Commons an unconditional apology and undertakes to introduce a system with the consent of the Chamber to prevent such a situation in the future they should sack him. The performance of the Home Secretary on the Andrew Marr show was pathetic and she should resign. Moreover her Majesty the Queen should summon an immediate meeting of the Privy Council to learn why this attack on the British Constitution took place.
However not everything is so black and white.
Certainly during my lifetime it has become commonplace for public servants in Government at national and local level to pass on information to political parties, to trade unions and the media either directly, or indirectly in contravention of their contract of employment. This has been done for a variety of reasons, some commendable but also with one eye to a political future. In my judgement and experience any official doing this should be prepared to take the consequences. It is my understanding that in this instance the individual not just leaked one item but 20 and that there was a party political motivation rather than the national interest.
Individual Members of Parliament and local authority politicians have gained considerable influence as a consequence of obtaining such information.
At the present time this is being argued by the Conservative Party, and others as part and parcel of the role of being in Opposition to a government and an important component of the checks and balances required in a democracy to prevent a government having absolute power.
From my personal experience as a local government chief officer I reached a conclusion that the development of this leaking significantly contributed to making it difficult for those democratically elected to govern and for their staff to administer on their behalf. I once prepared a paper for university undergraduates at Newcastle on this subject. However the issue is not clear cut.
In general it is wrong for a public service employee to reveal information gained in the course of their employment to anyone outside of their employment unless appropriately authorised. In many instances it is illegal to do so as well as breaking of the terms of their employment contract.
However not everything is so black and white.
Certainly during my lifetime it has become commonplace for public servants in Government at national and local level to pass on information to political parties, to trade unions and the media either directly, or indirectly in contravention of their contract of employment. This has been done for a variety of reasons, some commendable but also with one eye to a political future. In my judgement and experience any official doing this should be prepared to take the consequences. It is my understanding that in this instance the individual not just leaked one item but 20 and that there was a party political motivation rather than the national interest.
Individual Members of Parliament and local authority politicians have gained considerable influence as a consequence of obtaining such information.
At the present time this is being argued by the Conservative Party, and others as part and parcel of the role of being in Opposition to a government and an important component of the checks and balances required in a democracy to prevent a government having absolute power.
From my personal experience as a local government chief officer I reached a conclusion that the development of this leaking significantly contributed to making it difficult for those democratically elected to govern and for their staff to administer on their behalf. I once prepared a paper for university undergraduates at Newcastle on this subject. However the issue is not clear cut.
In general it is wrong for a public service employee to reveal information gained in the course of their employment to anyone outside of their employment unless appropriately authorised. In many instances it is illegal to do so as well as breaking of the terms of their employment contract.
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