The opening of Module 2 of the part one Leveson Inquiry this week provided some important position taking within and outside the witness room
Michael Gove, the Education Secretary within the Coalition Cabinet and a former Rupert Murdoch paid journalist launched a ferocious and ill judged attack on the Inquiry claiming that the way Leveson was interpreting his brief was unintended and having a dangerous and chilling effect on press freedom. He made his comments in a speech to the Press Club where he was the after meal speaker (as well as making then during the meal). He did use Leveson as one example within a broad swipe at government’s setting up inquiries under public and political pressure suggesting the problems could be addressed differently and with less potentially harmful consequences.
Last week the Prime Minister was asked if he agreed with Gove and Cameron drew attention that the Inquiry had been set up with full Cabinet support and that while he, Cameron sometimes liked the press to be chilled, it was important to emphasise the importance of a free press. His response could be interpreted as a public rebuke to the Minister or that he also was having doubts about the way the Inquiry was approaching its task.
I was pleased that Ed Miliband for the Opposition raised the subject under questions to the Prime Minister Questions this week after Module 2 had commenced and the Metropolitan Police countered the mischievous articles which had appeared in the print media, and again I felt Cameron was ambiguous about his true position anxious not to appear critical of his Cabinet colleague who is perhaps also feeling out of the limelight as attention is paid to National Health and Social Security Issues.
Mr Gove presumably had prior knowledge that Simon Hughes has persuaded the Deputy {Prime Minister to ensure that there is Parliamentary Time in 2013 for any Coalition led proposals arising from the Leveson recommendations. In his response on Wednesday the Prime Minister made the point that that there would be no pre-emption of Leveson in the related legislation already tabled before the publication and consideration of any recommendations. Leveson is being astute in emphasising that it remains early doors about recommendations and that he wants to hear from anyone who wants to make submissions about all the areas on which he has been asked to comment, but also making the point that he is seeking to arrive at recommendations which will be supported by Parliament on behalf of the public Interest, by the news print Industry and by the police and politicians in relation to those matters affecting them.
At the opening Module 2 Lord Leveson said that contrary to recent comments in the print media he had emphasised throughout the months of the inquiry his commitment to protecting freedom of expression and free press. But the inquiry had been set up because the press were behaving in a way which undermined the public interest. When what is published in a newspaper is not remotely in the public interest, he did not consider freedom of speech or of the free press extended the interception of phone messages and the invasion of privacy or confidence. He drew attention that only one of the over 100 witnesses had suggested otherwise.
He said that attempting to find a system, given that everybody has agreed that the present system has not worked properly, which regulates illegal and unethical practices does not threaten freedom of the press either.
Everyone had also agreed that the civil system of justice is slow and expensive and it was sensible in moving forward to consider the proper operation of the rule of law.
The background to the presentation by Sue Ackers is that Trevor Kavanagh the Associate Editor at the Sun has led a at best a disingenuous and misleading attack on he decision of the police to arrest 13 Sun journalists including some of their most senior staff on grounds of corruption and conspiracy of corruption where the evidence to bring formal charges is substantial but where the decision has been taken to defer prosecutions until the completion of all appropriate inquiries.
The arrests arise from documentation provided by the now Independent News of the World police liaison and standards Committee and which according to Mail on Line includes information on those who were paid. While it is normal practice to accept that journalists should protect their sources News International now take the view that those who committed serious offences while holding public office have no right to such protection.
In her new written statement Deputy Assistant Sue Ackers explained that the Independent Management and Standards Committee of News International established by News Corporation in July 2011 and chaired by the Independent Lord Grabiner Q C had provided Operation Elveden material which indicated that police officers had received cash payments from journalists from the News of the World for the provision of Confidential information.
She said that the aim of police investigation was to uncover criminality and not to uncover legitimate sources. It is the Standards Committee reporting to the Vice President of the USA based corporation that is monitoring the search of the 300 million emails available to the authorities.
The terms of reference for Operation Elveden were initially set in relation to payments to Police Officers. It was the intention to follow the evidence whoever it led. The terms of reference have been revised in view of the information that becomes available. Legal advice was obtained from the Crown Prosecution service at an early stage on the offences which include under the 1906 Prevention of Corruption Act, Misconduct in a Public office and conspiracy to Commit these Offences. Given issues raised by Article 10 of the Human Rights Act legal advice had been obtained in relation to the Public Interest in investigating such payments as to other more general hospitality of providing meals and drinks (thus knocking on the head the wilfully deliberate misrepresentation that the police are attacking the provision of hospitality and free drinks although as Leveson later went to reveal the level of hospitality provided by News International in particular to senior Police Officer at the Metropolitan authority has been disgraceful). The Elveden terms of reference exclude this type of hospitality because it is considered part of journalistic practices. Legal advice was obtained to investigate journalists in relation to corruption payments and also to investigate their offices.
Forty police officers are deployed in this work and this being increased to sixty one and this does not include additional police used in relation to the making of arrests with 16 journalists arrested and bailed, 3 police officers, a member of the armed forces and a member of the MOD and a person acting as a conduit to a public official, 22 persons in total.
She confirmed that the Management Standards Committee of News Corps had provided information unredacted which has enabled the police to identify the public officials concerned, In relation to the wider system by which cash payments were made this is in reacted form and the police are required to provide evidence of a potential crime before the course is identified.
A News of the World journalist has have been arrested for authorising payments. The enquiry continues but no police officers/staff have yet been identified. This related to one ex journalist.
Another News of the World Journalist is known to have met with many police officers and that some of those officers may have received cash payments. The Journalist was arrested in December 2011 and as yet no individual police officers/staff have been identified.
A police officer employed by the Special Operations Directorate has been discovered to be seeking payments from News of the World Journalists and was arrested in December 2011.
A targeted further search of emails is being undertaken to identify cash payments to public officials.
Between July and November the Management Standards Committee of News Corp volunteered information in relation to the Sun Newspaper having discovered suspicious emails they felt required disclosure. This led to a Sun journalist arrested in November 2011 and following the provision of further information to the Metropolitan Police on 18 and 24th of January and 4 Sun/NI employees and one serving police officer from the Territorial Policing Directorate were arrested on January 28th.
A further operation on February 11th led to five Sun employees, one serving police officer, one member of the MOD and an army officer being arrested together with a relative of a public official acting as a conduit to hide a cheque payment to that person.
The arrests without warning have been conducted as we would in any other case where the primary aim is to secure the best evidence and prevent suspects conferring or disposing of evidence. The purpose of the police action was proactive to investigate the criminality which has been identified. The aim has never been to threaten the existence of the Sun (pity). To this end there was liaison with the Management Standards Committee so that searches of the offices were conducted on Saturday when the offices were empty. (The following weekend the Sun Sunday was launches as a successor to the News of the World).
Payments by journalists to public officials have been identified in the following categories: - Police, Military, Health, Government, Prison and others. The evidence suggests that such payments were being made to public officials across all areas of public life; The current assessment of the evidence is that it reveals a culture at the Sun of illegal payments and systems have been created to facilitate such payments whist hiding the identity of the officials receiving the money. The emails indicate that payments to sources were openly referred to within the Sun with the category of public official being identified rather than the individual’s identity.
There is recognition by the journalists that behaviour is illegal with reference being made to staff losing their pension or their job, to the need for care and to the need for cash payments. There is also an indication of tradecraft that is hiding the cash payments by making them to a friend or relative of the source. The evidence suggests that authority for such payments was made at a senior level within the newspaper.
While the activity is clearly evidenced and this is the reason why at this early stage more journalists have been arrested. As the investigation progresses it is anticipated that detailed enquiry will identify the corrupt public officials and they will be arrested.
The cases we are investigating are not ones involving the odd drink or meals They involve the delivery of regular, frequent and sometimes significant sums of money to small numbers of public officials. There is evidence of multiple payments amounting to thousands of pounds and in one instance the total appears to be in excess of £80000 to pay his sources a number of whom were public officials.
The statement makes reference to Article Ten and that a judge would rule on the issue of justification in relation to the public Interest in relation to specific disclosure. What can be said is that the vast majority of disclosures under investigation can best be described as salacious gossip. They often involve a breach of trust by the public official and an invasion into the privacy of the subjects of the newspaper articles. The police investigation is mindful of the need to protect genuine journalistic sources but in seeking to identify corrupt relationships it is necessary to probe into sensitive areas. However the payment to public officials for confidential information is illegal, especially in relation to police officers and cannot therefore be tolerated. It would be in wholly exceptional circumstances that such behaviour could be justified.
Since making the statement the Metropolitan Police have announced that the Sun Defence correspondent has been arrested by appointment under the Prevention of Corruption Act
It will be interesting to see what News International reveals about their involvement with politicians. Mr Kavanagh appears unrepentant claiming that the police were conducting a witch hunt against News International and that the investigations underway were disproportionate.
Michael Gove, the Education Secretary within the Coalition Cabinet and a former Rupert Murdoch paid journalist launched a ferocious and ill judged attack on the Inquiry claiming that the way Leveson was interpreting his brief was unintended and having a dangerous and chilling effect on press freedom. He made his comments in a speech to the Press Club where he was the after meal speaker (as well as making then during the meal). He did use Leveson as one example within a broad swipe at government’s setting up inquiries under public and political pressure suggesting the problems could be addressed differently and with less potentially harmful consequences.
Last week the Prime Minister was asked if he agreed with Gove and Cameron drew attention that the Inquiry had been set up with full Cabinet support and that while he, Cameron sometimes liked the press to be chilled, it was important to emphasise the importance of a free press. His response could be interpreted as a public rebuke to the Minister or that he also was having doubts about the way the Inquiry was approaching its task.
I was pleased that Ed Miliband for the Opposition raised the subject under questions to the Prime Minister Questions this week after Module 2 had commenced and the Metropolitan Police countered the mischievous articles which had appeared in the print media, and again I felt Cameron was ambiguous about his true position anxious not to appear critical of his Cabinet colleague who is perhaps also feeling out of the limelight as attention is paid to National Health and Social Security Issues.
Mr Gove presumably had prior knowledge that Simon Hughes has persuaded the Deputy {Prime Minister to ensure that there is Parliamentary Time in 2013 for any Coalition led proposals arising from the Leveson recommendations. In his response on Wednesday the Prime Minister made the point that that there would be no pre-emption of Leveson in the related legislation already tabled before the publication and consideration of any recommendations. Leveson is being astute in emphasising that it remains early doors about recommendations and that he wants to hear from anyone who wants to make submissions about all the areas on which he has been asked to comment, but also making the point that he is seeking to arrive at recommendations which will be supported by Parliament on behalf of the public Interest, by the news print Industry and by the police and politicians in relation to those matters affecting them.
At the opening Module 2 Lord Leveson said that contrary to recent comments in the print media he had emphasised throughout the months of the inquiry his commitment to protecting freedom of expression and free press. But the inquiry had been set up because the press were behaving in a way which undermined the public interest. When what is published in a newspaper is not remotely in the public interest, he did not consider freedom of speech or of the free press extended the interception of phone messages and the invasion of privacy or confidence. He drew attention that only one of the over 100 witnesses had suggested otherwise.
He said that attempting to find a system, given that everybody has agreed that the present system has not worked properly, which regulates illegal and unethical practices does not threaten freedom of the press either.
Everyone had also agreed that the civil system of justice is slow and expensive and it was sensible in moving forward to consider the proper operation of the rule of law.
The background to the presentation by Sue Ackers is that Trevor Kavanagh the Associate Editor at the Sun has led a at best a disingenuous and misleading attack on he decision of the police to arrest 13 Sun journalists including some of their most senior staff on grounds of corruption and conspiracy of corruption where the evidence to bring formal charges is substantial but where the decision has been taken to defer prosecutions until the completion of all appropriate inquiries.
The arrests arise from documentation provided by the now Independent News of the World police liaison and standards Committee and which according to Mail on Line includes information on those who were paid. While it is normal practice to accept that journalists should protect their sources News International now take the view that those who committed serious offences while holding public office have no right to such protection.
In her new written statement Deputy Assistant Sue Ackers explained that the Independent Management and Standards Committee of News International established by News Corporation in July 2011 and chaired by the Independent Lord Grabiner Q C had provided Operation Elveden material which indicated that police officers had received cash payments from journalists from the News of the World for the provision of Confidential information.
She said that the aim of police investigation was to uncover criminality and not to uncover legitimate sources. It is the Standards Committee reporting to the Vice President of the USA based corporation that is monitoring the search of the 300 million emails available to the authorities.
The terms of reference for Operation Elveden were initially set in relation to payments to Police Officers. It was the intention to follow the evidence whoever it led. The terms of reference have been revised in view of the information that becomes available. Legal advice was obtained from the Crown Prosecution service at an early stage on the offences which include under the 1906 Prevention of Corruption Act, Misconduct in a Public office and conspiracy to Commit these Offences. Given issues raised by Article 10 of the Human Rights Act legal advice had been obtained in relation to the Public Interest in investigating such payments as to other more general hospitality of providing meals and drinks (thus knocking on the head the wilfully deliberate misrepresentation that the police are attacking the provision of hospitality and free drinks although as Leveson later went to reveal the level of hospitality provided by News International in particular to senior Police Officer at the Metropolitan authority has been disgraceful). The Elveden terms of reference exclude this type of hospitality because it is considered part of journalistic practices. Legal advice was obtained to investigate journalists in relation to corruption payments and also to investigate their offices.
Forty police officers are deployed in this work and this being increased to sixty one and this does not include additional police used in relation to the making of arrests with 16 journalists arrested and bailed, 3 police officers, a member of the armed forces and a member of the MOD and a person acting as a conduit to a public official, 22 persons in total.
She confirmed that the Management Standards Committee of News Corps had provided information unredacted which has enabled the police to identify the public officials concerned, In relation to the wider system by which cash payments were made this is in reacted form and the police are required to provide evidence of a potential crime before the course is identified.
A News of the World journalist has have been arrested for authorising payments. The enquiry continues but no police officers/staff have yet been identified. This related to one ex journalist.
Another News of the World Journalist is known to have met with many police officers and that some of those officers may have received cash payments. The Journalist was arrested in December 2011 and as yet no individual police officers/staff have been identified.
A police officer employed by the Special Operations Directorate has been discovered to be seeking payments from News of the World Journalists and was arrested in December 2011.
A targeted further search of emails is being undertaken to identify cash payments to public officials.
Between July and November the Management Standards Committee of News Corp volunteered information in relation to the Sun Newspaper having discovered suspicious emails they felt required disclosure. This led to a Sun journalist arrested in November 2011 and following the provision of further information to the Metropolitan Police on 18 and 24th of January and 4 Sun/NI employees and one serving police officer from the Territorial Policing Directorate were arrested on January 28th.
A further operation on February 11th led to five Sun employees, one serving police officer, one member of the MOD and an army officer being arrested together with a relative of a public official acting as a conduit to hide a cheque payment to that person.
The arrests without warning have been conducted as we would in any other case where the primary aim is to secure the best evidence and prevent suspects conferring or disposing of evidence. The purpose of the police action was proactive to investigate the criminality which has been identified. The aim has never been to threaten the existence of the Sun (pity). To this end there was liaison with the Management Standards Committee so that searches of the offices were conducted on Saturday when the offices were empty. (The following weekend the Sun Sunday was launches as a successor to the News of the World).
Payments by journalists to public officials have been identified in the following categories: - Police, Military, Health, Government, Prison and others. The evidence suggests that such payments were being made to public officials across all areas of public life; The current assessment of the evidence is that it reveals a culture at the Sun of illegal payments and systems have been created to facilitate such payments whist hiding the identity of the officials receiving the money. The emails indicate that payments to sources were openly referred to within the Sun with the category of public official being identified rather than the individual’s identity.
There is recognition by the journalists that behaviour is illegal with reference being made to staff losing their pension or their job, to the need for care and to the need for cash payments. There is also an indication of tradecraft that is hiding the cash payments by making them to a friend or relative of the source. The evidence suggests that authority for such payments was made at a senior level within the newspaper.
While the activity is clearly evidenced and this is the reason why at this early stage more journalists have been arrested. As the investigation progresses it is anticipated that detailed enquiry will identify the corrupt public officials and they will be arrested.
The cases we are investigating are not ones involving the odd drink or meals They involve the delivery of regular, frequent and sometimes significant sums of money to small numbers of public officials. There is evidence of multiple payments amounting to thousands of pounds and in one instance the total appears to be in excess of £80000 to pay his sources a number of whom were public officials.
The statement makes reference to Article Ten and that a judge would rule on the issue of justification in relation to the public Interest in relation to specific disclosure. What can be said is that the vast majority of disclosures under investigation can best be described as salacious gossip. They often involve a breach of trust by the public official and an invasion into the privacy of the subjects of the newspaper articles. The police investigation is mindful of the need to protect genuine journalistic sources but in seeking to identify corrupt relationships it is necessary to probe into sensitive areas. However the payment to public officials for confidential information is illegal, especially in relation to police officers and cannot therefore be tolerated. It would be in wholly exceptional circumstances that such behaviour could be justified.
Since making the statement the Metropolitan Police have announced that the Sun Defence correspondent has been arrested by appointment under the Prevention of Corruption Act
It will be interesting to see what News International reveals about their involvement with politicians. Mr Kavanagh appears unrepentant claiming that the police were conducting a witch hunt against News International and that the investigations underway were disproportionate.
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