Papers Relating to the Home Secretary

Alan Brown Excerpts

Tuesday 8th November 2022 Commons Chamber

[Stuart C. McDonald]

My hon. Friend makes an absolutely valid point, in that we are holding staff to a much higher standard than the standard to which the Home Secretary appears to want to hold herself.

The other point I want to make is the contrast between how others responded on the day of these events and how the Home Secretary responded. When the staffer who was the accidental recipient of the draft ministerial statement picked up the email, he or she understood that it was an important matter. That staffer flagged the issue both directly to the Home Secretary and to his or her boss. In contrast, the Home Secretary just asked them to delete it and carried on with routine meetings, alerting absolutely nobody.

When the Home Secretary’s colleague who employs that staff member saw what had been sent and how it had been sent, he too understood the significance. He emailed the Home Secretary directly to express concern about security and the ministerial code, and he made clear her response so far had been unacceptable given

“what appears, on the face of it, to be a potentially serious breach of security.”

He was concerned enough to consider a point of order in this very Chamber, and he approached the Government Chief Whip, yet while he was taking all these very significant steps, in contrast the Home Secretary had wandered off to Westminster Hall to meet a couple of constituents, still having alerted nobody.

When the Chief Whip heard what had happened, she understood the significance. She WhatsApped the Home Secretary and then, along with her colleague, seems to have gone to track the Home Secretary down. More than that, the Chief Whip notified the Prime Minister’s private office. In contrast, the Home Secretary failed to notify anybody, until of course it had been taken out of her hands. Only on being confronted did the Home Secretary do anything about it, and she went off to speak to her special adviser.

None of these events supports the Home Secretary’s claim of a rapid report to official channels. As one of her own colleagues expressed it, the evidence was put to her and she had to accept the evidence, rather than the other way round. Her sluggish response has only two explanations: either she was simply hoping to get away with her breach, head in the sand, or she totally failed to understand the significance of it. Perhaps it was both: she thought she could get away with it precisely because she thought it did not really matter. Indeed, I have heard almost nothing since to suggest that, if she had not been caught, she would not still be operating in precisely the same way today.

Not only did the Home Secretary’s actions at the time show little regard for the seriousness of treating sensitive information in that way—so did her subsequent attempts at an explanation. Her resignation letter totally failed to mention that a sensitive Government document had been sent to an accidental recipient, referring instead only to the “trusted colleague” she sent it to. She claimed in that letter to have reported the breach “rapidly” on official channels, when in reality she carried on as if nothing had happened until she was caught. She talked of a “technical infringement” and she has since been at pains to point out that this was not top secret information. However, at paragraph 28 of her letter to the Committee Chair, she acknowledges that “of course” a draft ministerial statement is sensitive. Indeed, it was so sensitive that she could not append it to the letter to the Home Affairs Committee Chair. What is more, it could not even be shared with the Chair, except on a confidential basis. Yet she was happy to batter that off from her Gmail account to a trusted colleague with a quick, “What do you think?” Extraordinary complacency.

To emphasise the point, next week, we will almost certainly pass legislation promoted by the Home Office that would see some people leaking protected information like that imprisoned for life, depending on the reasons they were doing it. I am not remotely suggesting that what the Home Secretary did is remotely comparable to the offences we will be passing in relation to the National Security Bill, but the fact that her own Department wants to protect that information from foreign state actors, with sentences of up to life imprisonment, puts quite a perspective on it. As has been pointed out, that is a double standard when compared with how other people would be treated in similar circumstances.

There are still many questions to be answered. In her letter to the Committee Chair, the Home Secretary said that the document was emailed to her Gmail account simply because No. 10’s proposed edits had come in “too late” to print them off. So why not just email it to her Government account? The letter also says there was no market sensitive data in the leaked document. Why then did No. 10 apparently repeatedly brief that there was?

The letter to the Committee Chair also reveals that a Home Office inquiry found six further uses of personal IT to look at sensitive Government documents. Despite efforts to downplay it, that is more than once a week. Is the Home Secretary really arguing that neither she nor the Home Office could come up with a better way to allow her to view documents while taking part in online meetings? As she notes in her letter to the Chair:

“The Guidance on ‘Security of Government Business’ makes it clear that you should not use your personal IT…for Government business at any classification; and the Government’s stated position is that Government systems should, as far as reasonably possible, be used for the conduct of HMG business.”

She knew all that, yet she deliberately and repeatedly sent those documents in breach of those rules. More importantly, how often did this happen in previous roles? The inquiry we have heard about clearly relates only to Home Office documents and her time at the Home Office alone. Are we really to believe this was the first time she had shared sensitive information with her “trusted colleague”?

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

My hon. Friend is right to highlight the absurd excuse from the Home Secretary. Is not it the case that she could use an iPad for a phone call and a Government-issued phone to view documents? She clearly has access to more than one parliamentary device, so to say that she had to use her personal device is ridiculous.

[Stuart C. McDonald]

A whole host of arrangements could have been made that would have been far preferable to what the Home Secretary did, and it is extraordinary that she thought that was something she could do week in, week out.

The shadow Home Secretary highlighted other reports of investigations: first, an apparent probe into whether the current Home Secretary, while Attorney General, leaked sensitive details about the Northern Ireland protocol; secondly, a probe by the Government security group at the Cabinet Office into leaks about the Government’s plan to seek an injunction against the BBC in relation to reports of a spy accused of abusing his position to mistreat a former partner. Apparently, that leak caused MI5 “concern”. According to another report, the Home Secretary has been subject to three official Cabinet leak inquiries this year alone.

I appreciate that, ultimately, no conclusive evidence was found in these cases, but it is fair for us to ask whether these events and inquiries formed part of the Prime Minister’s deliberations before the Home Secretary’s reappointment. Did he seek advice from agencies? What precisely was the view of the Cabinet Secretary? Is it correct that he advised against her reappointment? All those are absolutely legitimate questions that the motion would help us find answers to.

The ultimate question, though, is about the Prime Minister’s judgment. Given all these issues and concerns, the outstanding questions and the resignation just one week before, how on earth could he think it sensible and appropriate to reappoint the Home Secretary to such an important role in charge of national security? No doubt the Prime Minister thought it in his interests to appoint her—we all know why that was—but it does not seem that he weighed up the UK’s security interests in coming to that decision. It was, in the Home Secretary’s words, “right” for her “to go”. It is not right that she is back in the same post, and so quickly. In fact, it is ludicrous and everyone knows it. That, in a nutshell, is why we need to support the motion.