Damian Green cleared by CPS of misconduct over leaks

Tory immigration spokesman Damian Green will not be prosecuted over the controversial Home Office leaks inquiry. Director of Public Prosecutions Keir Starmer announced the decision on Mr Green who was arrested in November in connection with a series of embarrassing leaks from the Home Office. Christopher Galley, the civil servant who leaked the documents containing revelations about the Government to Mr Green, will also not face charges. Damian Green said he was "very pleased" with the decision not to prosecute him, adding the investigation reflected an "out of touch, authoritarian, failing Government". He said: "This week has shown that the Government is very keen to use the full power of the state to investigate other people, other elected politicians, but is very unkeen to have any of its own activities investigated. "It has whipped away the veil over this Government and the way it exercises power. It has been in power for 12 years now and it seems to have forgotten that a Parliamentary Opposition is legitimate and must be allowed to do its job." He continued: "They make serious mistakes on immigration policy and rather than correcting those mistakes they try to cover them up and when the cover up is exposed they lash out and, in this case they massively exaggerated the security implications. "There were no national security implications of any of the information that I obtained. That in itself is very symbolic of a way of doing government that is just wrong. "Everything that I put in the public domain were legitimate stories showing that our borders are not safe and secure. That is straightforwardly one the of the jobs of the Opposition. He described Jacqui Smith as a "poor" Home Secretary but said he would not demand her resignation. Mr Starmer said: "There is a high threshold before criminal proceedings can properly be brought for misconduct in public office. "In considering whether the conduct of Mr Galley and Mr Green reached that threshold and in particular whether it represented such a serious departure from acceptable standards, and abuse of trust as to constitute a criminal offence, I have considered the extent to which there has been any actual damage arising, or the extent of any potential damage that could have arisen, as a result of their conduct." He continued: "I have also had regard to the freedom of the press to publish information and ideas on matters of public interest. "I have concluded that there is evidence upon which a jury might find that there was damage to the proper functioning of the Home Office. "Such damage should not be underestimated. However, it has to be recognised that some damage to the proper functioning of public institutions is almost inevitable in every case where restricted and/or confidential information is leaked. "In this case, therefore, I have considered whether there is evidence of any additional damage caused by the leaks in question. I have concluded that the information leaked was not secret information or information affecting national security." Mr Green's solicitor Michael Caplan QC said: "I am, of course, delighted with the announcement made by the DPP following our detailed submissions on Mr Green's behalf, both to the director and earlier to Chief Constable Ian Johnston on his review. "Mr Green has always emphatically denied these allegations. The police need now to learn the lessons from their operation. "There was no necessity to arrest Mr Green, he should have been asked to attend the police station voluntarily. "No credible reason has been advanced for the covert tape recording of him from arrest to arrival at the police station, and then failing to reveal this to him and me. "The police themselves have now referred this to the surveillance commissioner. The search of his parliamentary office in the way it took place was highly questionable and no proper regard was given to issues of parliamentary privilege."

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ITN | April 16, 2009

Tags:. .keir. .authoritarian. .galley. .cps. .misconduct