National Security Council Leak Debate

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Department: Cabinet Office

National Security Council Leak

Chris Bryant Excerpts
Thursday 2nd May 2019

(5 years, 6 months ago)

Commons Chamber
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David Lidington Portrait Mr Lidington
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My right hon. Friend the Member for South Staffordshire has not been accused of any criminal offence but, sadly, he has lost the confidence of my right hon. Friend the Prime Minister, and she has therefore acted in accordance with the principles set out in the ministerial code.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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It is difficult not to sympathise with the former Defence Secretary, because in a kangaroo court one cannot prove oneself innocent. That is what many of us are worrying about. If the former Defence Secretary has done what is alleged, he should of course face the full criminal law, but the Minister is completely wrong to say that it has nothing to do with the Attorney General. The Official Secrets Act states categorically that a prosecution can proceed only if the Attorney General allows it to proceed. Any member of the public can go to the police and demand that there be a full investigation—I suspect that many people will—but has the Attorney General’s advice already been sought, and how will the former Defence Secretary be able to make his representations to the Attorney General?

David Lidington Portrait Mr Lidington
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The hon. Gentleman mixes up a number of matters. The Attorney General’s consent is required to a prosecution under the Official Secrets Act, but the Attorney General has no power to initiate an investigation or a prosecution. The hon. Gentleman is also continuing to confuse two points. What we are dealing with—this is at the heart of the issue and the decision before the Prime Minister yesterday evening—is not so much the substance of what has been disclosed as the fact that the leak was of proceedings of the National Security Council. Therefore, whether or not the various harm tests under the Official Secrets Act were met in this particular case, the Prime Minister reached the decision that, regrettably, she no longer had confidence in my right hon. Friend the Member for South Staffordshire. That was why she reached that decision in her assessment of the public interest.