Unlock Democracy unveils leaked information (accountability of Government) Bill
Today (Friday 5 December), Unlock Democracy is publishing a new bill aimed at ensuring parliamentarians can receive leaked information without fear of arrest for carrying out their duties. This follows the incident last week when Shadow Immigration Minister Damian Green MP was arrested and had his home and office searched as part of an investigation regarding leaked information from the Home Office. Unlock Democracy will be seeking a sponsor in the House of Commons to adopt this as a Private Member’s Bill.
The Leaked Information (Accountability of Government) Bill would protect Members of Parliament from any criminal investigations or proceedings for the disclosure of information save in cases of national security. This is widely understood to be the existing convention which has protected a range of MPs over the years, including Winston Churchill and Gordon Brown. Furthermore, where investigations are concerned with national security, it sets out a procedure that must be followed.
Other legislation, including the Freedom of Information Act and Data Protection Act, would still apply to MPs.
Commenting on the draft bill, Peter Facey said:
“Damian Green’s arrest was remarkable. For centuries, parliamentarians have worked under the assumption that parliamentary privilege guarantees them a degree of immunity from prosecution when carrying out their duties. The very nature of parliamentary privilege is now being contested. It is crucial that parliament urgently debates the matter and clarifies the legal position. We believe this bill would achieve this.
“This is not about treating MPs as if they were above the law. It is however about recognising their crucial role in holding the executive to account. If MPs cannot do that, parliament’s very legitimacy becomes open to question.
“The government missed a golden opportunity to announce legislation of its own to guarantee the right of Parliament at the State Opening of Parliament earlier this week. We will now be seeking an MP who would be willing to adopt our draft as a Private Member’s Bill. The government could easily block this when it comes up for debate in the Commons, but they would be holding parliament in contempt if they did.”
The ballot for Private Member’s Bills will be drawn on 11 December 2008.
ENDS
Notes:
(1) A copy of the Bill is attached (word format).
(2) For more information about Private Member’s Bills and the ballot process, see the Parliament website.
(3) Unlock Democracy (incorporating Charter 88) is the UK’s leading campaign for democracy, rights and freedoms.
(4) For more information, a quote or an interview, please contact Peter Facey (020 7278 4451 / 07799662772 / peter.facey@unlockdemocracy.org.uk).
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