Papers Relating to the Home Secretary

Drew Hendry Excerpts

Tuesday 8th November 2022 Commons Chamber

[Stuart C. McDonald]

The hon. Member raises a very fair point. There are all sorts of things missing from the Home Secretary’s letters—both her resignation letter and her letter to the Chair of the Home Affairs Committee—which raises all sorts of questions, some of which I will come to.

The fact is that the Home Secretary took an incredibly blasé attitude to sensitive information. When the incident that prompted her resignation happened, unlike everybody else involved, she just carried on as if nothing of note had occurred. Her resignation letter downplayed the incident as “technical” and did not in fact present the full picture, as we have just heard.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

My hon. Friend is telling it like it is. When I asked both the Home Secretary and the Minister responsible for national security if they would countenance an employee—a civil servant—being re-employed after such a breach, neither of them would answer the question. Is it not the case that they would not accept that in any circumstance, and it is just a disgrace that she maintains her position as Home Secretary?

[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”?