Tag Archives: authoritarianism

Leveson Inquiry – My Subject Access request: the Inquiry withhold data

My Subject Access request to Leveson has resulted in virtually no material being released and an admission that they are withholding information on the grounds of legal privilege. I am challenging this with the Information Commissioner – details below. The course of my  request  can be found at http://livinginamadhouse.wordpress.com/2012/02/29/leveson-inquiry-data-protection-act-request-for-information/.

In addition to my submission to the Information Commissioner,  I include in this post (1) the substantive reply to my Subject Access request and (2) the only information released other than copies of my correspondence with the Inquiry.

Robert Henderson

Mr Christopher Graham

Information Commissioner

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK95AF

25 5 2012

————————————————————————————————-

Dear Mr Graham,

                                                                                                       The Leveson Inquiry          

I made a subject access request to the Leveson Inquiry on 29 2 2012.  The Inquiry has refused to release all the information they hold on me citing legal privilege – see email dated 23/4/2012 sent under the aegis of The Leveson Inquiry Team. 

As you will see from my unanswered emails of 30th April and 13th May, I have asked the Inquiry legal team to spell out exactly what legal privilege arises,  bearing in mind that I am not a lawyer, a client, a witness, a defendant or a party to a civil law suit. The fact that the Inquiry has failed to answer such a simple question after a month suggests strongly that no legal privilege exists in this instance.

The information the Inquiry has released is slight, merely my own submissions, there responses to me and one email which was sent to them, unbeknown to me,  by a third party Roger Dewhurst.  I will not supply you every email or letter the Inquiry and I have exchanged because it is a voluminous correspondence and I do not think it would add anything to my complaint. Should you feel it necessary, I shall of course be happy to supply all the documents. For the present I enclose copies of my subject access request, my subsequent correspondence with the Inquiry relating to the subject access request and the information the Inquiry initially released, which is the Dewhurst’s email and a list of my correspondence with the Inquiry. 

There are extremely strong reasons to suspect that the Inquiry holds information on me which is being withheld simply because it would be at best very embarrassing for them to release and at worst something far more damaging, for example, a conspiracy to protect the powerful and influential. I have supplied the Inquiry  with  a great deal of important material including a letter from Piers Morgan to the PCC when he was editor of the Mirror in which he admits to receiving information from the police about me in circumstances which can only be illegal. (I enclose a  facsimile copy of the letter). From it you will also see that the story in the Mirror of which I complained to the PCC concerned the failed attempt by Tony and Cherie Blair to have me prosecuted during the General Election campaign of 1997. The final document I send you is a copy of my original submission to appear as a witness before the Inquiry. This provides you with a brief summary of the  dangerous (for them) territory I have asked the Inquiry to tread  upon.

Leveson has refused to use any of my evidence including the letter from Piers Morgan to the PCC or to investigate the prima facie perjury Morgan committed regarding the illicit receipt of information of information from the police whilst under oath before the tribunal.

I ask you to rule on whether Leveson can claim legal privilege and if they cannot make such a claim, to instruct them to release the withheld material. If you find that legal privilege does  apply, please let me have your detailed reasons for judging that it does apply.

Yours sincerely,

Robert Henderson

————————————————————————————————-

The Inquiry’s  substantive reply to my Subject Access  request

The Leveson Inquiry

culture, practices and ethics of the press

R Henderson Esq

3 April 2012

Dear Mr Henderson,

Subject Access Request

Thank you for your email of 29 February 2O12, in which you made a Subject Access Request (SAR) asking for all information on you held by the Leveson inquiry. Your request has been handled under the Data Protection Act 1998 (DPA).

We have now completed a search of our records and can confirm that the inquiry Team does hold personal data within the scope of your request. That personal data is being processed for the purposes of the requests and enquiries you had made of the Leveson inquiry.

The attached schedule shows the personal data that you are entitled to under section 7 of the DPA; as you are a recipient or the originator of each of these emails or communications, I do not propose to send you a further copy. However, if you would like to see any particular documents then I will arrange for copies to be sent to you.

You can find out more about the right of access to personal data under section 7, by reading the extract from the Act attached at the end of this letter.

You can also find more information by reading the full text of the Act, (available at http://www.lesislation.gov.uk/ukpsa/1998/29lsection/7) and further guidance http://www.ico.gov.uk/for organisations/data protection/subject access requests.

You have the right to appeal our decision if you think it is incorrect. Details of how to appeal are annexed to this letter.

Request for Further information

You have also requested certain other information from the Inquiry. As you are aware, the Inquiry is not covered by the Freedom of Information Act, but Lord Justice Leveson has indicated that the Inquiry will be conducted in an open and transparent manner. With that in mind I can answer your questions as follows:

1. The number of people who have submitted evidence to the Inquiry: we do not have an absolute number of submissions that we have received, as the inquiry is still inviting and accepting submissions to the Inquiry and so the number is constantly changing. I can tell you, however, that the Inquiry has heard oral evidence from 258 witnesses, and has published their witness statements on the inquiry website. The evidence of a number of other people has also been read into the inquiry and, again, their submissions have all been published on our website. Finally, we publish monthly updates of the number of emails, submissions and other enquiries that have come in; you will find this information in the “About the Inquiry” section of the website.

2. The number of people who have been or will be called to give oral evidence: by close of play on Wednesday 4th April, the Inquiry will have taken oral evidence from 258 witnesses. It is not possible for us, at this point, to know how many witnesses will be asked to give evidence during the remainder of the inquiry.

3. The number of people who have supplied the Inquiry with a letter from a Fleet Street editor in which the editor admits to receiving information from the police in circumstances which can only be illegal: the inquiry does not specifically record information in this way. It is, of course, open to you to review the statements that have been published on our website.

4. The number of people who supplied the inquiry with evidence of the police failing to investigate complaints of police officers supplying information illegally to the press: the inquiry does not specifically record information in this way.

5.The number of people who have supplied the inquiry with evidence of the PCC failing to adjudicate on complaints: again, the inquiry does not specifically record information in this way.

Amanda Jeffrey

(PP by N Mossally)

From:

Josephine Norris [Josephine.Norris@39essex.com]

Sent: 29 February 2012 20:37

To:

Leveson inquiry Solicitors Team

Subject: Fw: Smelling like a dead mullet.

Follow Up Flag: Follow up

Flag Status: Yellow

Fyi

—-Original Message -.

From: Roger Dewhurst

To: Robert Jay; Josephine Norris; wirwin@tgchambers.com <wirwin@tgcha m bers.com>;

DavidBarr@tgchambers.com <DavidBarr@tgchambers.com>;

clerks@tgchambers.com <clerks@tgchambers.com>;

clerks@landmarkchambers’co.uk <clerks@landmarkchambers.co.uk>; tfisher@landmarkchambers.co.uk <tfisher@landmarkchambers.co.uk>; clerksd@4-5.co.uk <clerksd@4-5.co.uk>;

hemmerson@4-5.co.uk

<hemmerson @4-5.co.uk>

Sent: Wed Feb 29 20:30:30 2Ot2

Subject: Smelling like a dead mullet.

This is looking more and more like a whitewash to which you are a party.

Roger Dewhurst

Robert Jay QC

Lead Counsel to the Leveson inquiry

Leveson inquiry

Royal Courts of Justice

Strand

London WCL

29 2 2012

Dear Mr Jay,

When questioning press witnesses about payments to the police for information you and your fellow counsel are consistently asking the wrong initial question.

The question you and your colleagues are putting is along these very bald lines: “Did you pay policemen for information?” what you should asking as your initial question is something like this “Did you or your staff ever receive information from the police.” which only you or your paper received?”

If they have that is almost certainly a breach of the law. You can then move to a line of questioning which further  illustrates the illicit nature of the receipt of the information to which the person has admitted receiving or knowing has been received. The question about payment should come later.

The reason you should proceed in this manner is simple. By limiting the question to payment you allow the  witness to escape questioning about other offences. Whether or not payment or other material reward is  given to the police for information , the passing of information illicitly by the police to the press necessarily breaches the Official Secrets Act and most probably the Data Protection Act. In those instances both giver and receiver commit corresponding offences. Conspiracy charges could also arise.  In addition,  the police officer would be guilty of misconduct in a public office.

I find it difficult to believe that a barrister of your experience will not realise all that. So why are you and your colleagues not pressing the matter of the receipt of information illicitly regardless of whether money or payment in kind has occurred?

Yours sincerely,

Robert Henderson

Is there a deliberate attempt to sabotage the trial of Rebekah Brooks and co?

Robert Henderson

At first glance it beggars belief  that Alison Levitt QC,  the principal legal advisor to the Director of Public Prosecutions (DPP) ,  took the decision to prosecute the one time chief executive of News International and erstwhile editor of the News of the World (NoW) Rebekah Brooks  and others associated with her  beggars belief.  Levitt was the subject of  tabloid stories, including coverage by the NoW , relating to her affair with a high profile  peer , Lord Carlile, the Liberal Democrat who is in charge of reviewing  Britain’s anti-terror laws. (Levitt and Carlile are now married).   The affair was very messy and its exposure in sensationalist fashion must have been a very unpleasant experience for  Levitt, something  which  cannot have disposed her to view the tabloids with equanimity (http://www.dailymail.co.uk/news/article-431884/Anti-terror-peer-dumps-boring-wife-glamorous-barrister.html#ixzz1vL8lAqTi ).

Unsurprisingly,  Levitt denies that she was in any way influenced by her treatment and maintains that she was not even  aware that the NoW  had run any stories about her affair when she made her decision to prosecute, a claim which may raise a few eyebrows because it was given considerable tabloid exposure and  a  common behaviour of  people caught in a media storm is to obsessively read everything printed about them.  It is also worth bearing in mind that those abused by the media tend to blame the media generally rather than just a particular newspaper or broadcaster (http://www.dailymail.co.uk/news/article-2146209/Rebekah-Brooks-preposterous-claim-tabloid-expose-prosecutors-affair-peer-undermine-charges-her.html#ixzz1vL9BWHCg).   But whatever the truth of her feelings towards the NoW – and she could have been biased without recognising she was being biased – she should have stood down. Natural justice requires that those making decisions  within the justice system should not only be disinterested but be seen to be disinterested. Unsurprisingly, Brooks is now  considering whether to launch a judicial review on  the decision to prosecute on the grounds of potential bias on the part of Levitt.  (http://www.telegraph.co.uk/news/uknews/phone-hacking/9273276/Phone-hacking-Rebekah-Brooks-could-challenge-charging-decision-because-prosecutor-was-victim-of-tabloid-sting.html).

It is noteworthy that Starmer’s predecessor as DPP,  Ken Macdonald,  had no hesitation is standing down from a another politically  sensitive case  simply because of his association with people could be taken as evidence of partiality.  MacDonald was the  co-founder of  Matrix Chambers which he established with Cherie Blair whilst Tony Blair was Prime Minister. Because of this relationship,  he excused himself from involvement in deciding what should be done in the “cash for honours” investigations (http://news.bbc.co.uk/1/hi/4812822.stm), although the Mail reported that “The DPP excluded himself from the decision on whether to prosecute to avoid claims of a potential conflict of interests but has been regularly briefed by Miss Dowd on the investigation.” (http://www.dailymail.co.uk/news/article-469857/The-woman-called-halt-cash-honours-case.html).

Whether the case came to her in the normal course of her duties or whether she was  allocated it  by her boss, the present DPP Keir Starmer,  Levitt  should have refused to take it on the ground that she could not be seen as disinterested.   Starmer, who cannot  have been ignorant of Levitt’s history with the tabloids because of the high-profile nature of the story and the fact that  it involved a senior member of the legal profession , Lord Carlile – the legal world is a very small one. Consequently,  he   should have given the case to someone else  if he was responsible for allocating it or,  if Levitt  received the case in the normal course of her duties,  he should taken the case from her when he became aware that she was or would be  handling it.    However, it is wildly improbable that such a high-profile case as that against Rebekah Brooks  would  not have involved the DPP  as soon as it was submitted  to the Crown Prosecution Service (CPS), at least in the sense that he would have taken an interest in who was dealing with it and  how the CPS assessment was proceeding.  The idea that it would simply have come to the CPS and been allocated to a junior CPS lawyer until working its way up to Levitt   seems most  unlikely.  It is also improbable  that Levitt as the principal legal adviser to the DPP would not have discussed the case with Starmer . Whatever happened, the bottom line is that the DPP is ultimately responsible for any decision to prosecute and has the final say in whether a prosecution will occur.

The fact that Starmer did not do remove Levitt from the case  argues  for one of three things: an alarming naivety on his part; a stupidly  arrogant belief that the CPS could get away with ignoring the dictates of natural justice  because they are part of the UK power elite or the   deliberate choice of someone (Levitt)  who would not seem disinterested to make the decision in order to contaminate the prosecution.

There are not enough facts in the public fold to be certain of why Levitt’s very obvious disqualification for taking the case was not acted upon by Starmer, but I can paint a plausible scenario to explain why  he did not act.   Brooks  (and her fellow accused her husband Charlie) is not merely someone who has connections with leading politicians through her employment with News International.  She  certainly had a more than a  business relationship with David Cameron and met Tony Blair when he was Prime Minister frequently enough to suggest that there was a social element to their relationship). There has also been considerable interaction  between   leading  Labour and Tory politicians   and News International  and the Murdochs as a family, for example, Tony Blair is  godfather to one of Rupert Murdoch’s children by his present wife (http://www.bbc.co.uk/news/uk-politics-14785501)

To any feelings of personal friendship or obligation felt by Labour and Tory politicians must be added the  likelihood of News International having a good deal of dirt on the politicians which even if it did not point to criminal activity could be hideously embarrassing for the likes of  still active politicians such  Cameron and retired ones like Blair, who if they have no formal power still have influence.   The politicians the Murdochs have seduced are in a Mexican stand-off with News International.

Then there is the position of the DPP.  There is no proper separation of powers between the executive and the justice system in the UK. Three members of the government – the Secretary of State for Justice/Lord Chancellor, the Attorney-General and the Solicitor-General –  have oversight of the justice system.  The DPP is appointed by the Attorney-General and is ultimately responsible to him.   As already mentioned, Starmer’s predecessor Ken Macdonald was appointed to the position by the Blair government despite having very intimate connections with the Blairs. It stretches credulity to believe that  any DPP is actually untouched by political considerations and sympathies or does  not make decisions which are influenced, one way or another,  by those considerations and sympathies. .

Given the choice the Government and the Opposition, at least at the level of the front benches,  would  fervently wish that no court cases involving the likes of Brooks were taking place. The problem is that having set up the Leveson Inquiry and pressed the police to investigate,   the Government  cannot crudely fix matters by ensuring that either the police investigations come to nothing or the CPS says that  a conviction is improbable  or that prosecution would not be in the public interest. That would cause to big a stink.  Instead they  need police to go through the motions of a serious investigation and for the CPS to be seen to acting impartially,  whilst at the same time taking action to ensure that no one of importance is actually found guilty or even better manufacture a reason to drop the prosecution .

There are various ways a prosecution can be fixed to fail. A favourite is “over charging”. This means  bringing charges which are too serious for the evidence to support. A classic example is the Jeremy Thorpe case in the 1970s when the leader of the Liberals  was charged with and acquitted of a charge of  conspiracy to murder  Norman Scott who claimed to have had a homosexual relationship with Thorpe.  What Thorpe should have been charged with was conspiracy to commit a lesser form of assault such as GBH.   Other favourite  ways of ensuring a verdict of innocent are losing evidence or simply conducting a case incompetently, for example, by making a Horlicks of cross examinations.

What may have happened in the case of Rebekah Brooks et al is this: the CPS decision to prosecute has been deliberately tainted by the employment of Levitt.  The tainting opens up a number of possibilities to get rid of prosecution altogether.  Brooks  might obtain a judicial review which finds that the decision to prosecute is tainted  and  the prosecution cannot proceed unless the case is reviewed by someone else at the  CPS. Alternatively, the mere threat of such action may persuade Starmer that he cannot let the original decision stand.  In either case that raises a problem. If Levitt’s decision is set aside, who in the CPS could examine the case anew and be considered truly impartial? Not  Starmer and that would raise a further problem because anyone else a new review of the case would have it in mind that the head of the CPS had agreed with Levitt’s decision to prosecute. Human nature being what it is, subordinates are normally reluctant to go against what the boss has agreed.

All of that would give Rebekah’s Brooks’ lawyers ample  opportunity to claim that no prosecution should go ahead because no impartial judgement of the merits of the case could take place.   If Levitt did not seek legal advice  from outside the CPS this argument would be strengthened.    Her lawyers could also argue that because of the publicity generated by and around   Levitt’s prima facie partiality,  it would   be impossible for Brooks and her fellow accused to get a fair trial.  Faced with all that there is a fair chance the prosecution would be dropped for one reason or another.  If that happened it would provide the best outcome for politicians and News International because the politicians could claim that a proper investigation had occurred and that a prosecution failed to take place simply because of the unfortunate behaviour of the CPS and there would be no embarrassing convictions of News International one-time employees.

It will be interesting to see whether this case ever gets to court. If it does,  watch out for  the quality of the evidence, evidence going missing, which witnesses are and are not called  and the performance of the prosecutor, especially in cross-examination.

Leveson Inquiry – Lord Leveson prepares the way for the cancellation of part 2

Robert Henderson

Leveson hints at an early end to the Inquiry

On 2  May the London paper the Evening Standard let a rather large cat out of the bag. It reported that Lord Leveson,  in a ruling made very quietly on 1 May,  had  hinted strongly that he wanted to cut short his eponymous Inquiry.  (http://www.thisislondon.co.uk/news/uk/leveson-phone-hacking-inquiry-could-be-cut-short-7706894.html).  The  relevant passage on the Leveson Inquiry website is this:

Para 65  “The public concern which led to the setting up of this Inquiry is beyond argument or debate. I do not know whether there will be prosecutions but, having regard to the number of arrests and the quantity of material seized (including the 300 m. e-mails which it is said have had to be analysed), if there are, it is likely that the process of pre-trial disclosure and trial will be lengthy so that Part 2 of this Inquiry will be delayed for very many months if not longer. In those circumstances, it seems to me that it is in everyone’s interests that Part 1 goes as far as it possibly can. If the transparent way in which the Inquiry has been conducted, the Report and the response by government and the press (along with a new acceptable regulatory regime) addresses the public concern, at the conclusion of any trial or trials, consideration can be given by everyone to the value to be gained from a further inquiry into Part 2. That inquiry will involve yet more enormous cost (both to the public purse and the participants); it will trawl over material then more years out of date and is likely to take longer than the present Inquiry which has not over focussed on individual conduct. Obviously, the more restrictive in its analysis that Part 1 has been, the greater will be the legitimate public demand for Part 2. I repeat that this possibility has not affected my approach to what I perceive to be appropriate in law and, when necessary, in the exercise of my discretion but it is undeniably a sensible strategic consideration for those who have participated in this Inquiry.” (http://www.levesoninquiry.org.uk/wp-content/uploads/2011/11/Application-of-Rule-13-of-the-Inquiry-Rules-2006.pdf)

Leveson’s sudden found concern for the public purse is more than a little strange because it has been apparent from early in the Inquiry that it was going to be a lengthy and expensive process .  Nor is there any plausible  ground  for his concern about cost. To justify his new found desire to be a guardian of the public purse Leveson cited the Inquiries Act 2005, viz:

s. 17(3) :

Para 8 “In making any decision as to the procedure or conduct of an inquiry, the chairman must act with fairness and with regard to the need to avoid any unnecessary cost (whether to public funds or to witnesses or others).” (http://www.levesoninquiry.org.uk/wp-content/uploads/2011/11/Application-of-Rule-13-of-the-Inquiry-Rules-2006.pdf)

The cost of carrying the Inquiry through may be considerable (although it would be minute in the context of overall public spending),  but it would be fanciful  to describe the uncovering of serious criminal offences involving corruption or other misconduct such as a wilful failure to investigate complaints of crimes as an “unnecessary cost”.  So why has Leveson flown this kite? It looks as though he has either  been told by his political masters to cut  the Inquiry  short because he is losing control of the official narrative, namely, the scandal is about News Corp and there is  nothing else of consequence, or  has decided to do so without being told because he understands he cannot control the Inquiry in the way he knows the Government would wish.

What would be lost if the Inquiry is shortened? 

If  Part 2 is  either dropped or seriously curtailed it would not only prevent further public questioning under oath of those suspected of having information about the various criminal behaviours,  but would also mean that evidence already submitted about such criminality would never see the light of official day, viz:

‘Lord Justice Leveson’s finding has disappointed Ian Hurst, a former British Army intelligence officer, whose computer was allegedly hacked by the News of the World. In March, Lord Justice Leveson rejected evidence provided by the former spy which claimed to have uncovered “intelligence of police corruption, including that at the very highest level”.

He told Mr Hurst the subject matter would be suited to Part Two as it would entail “lengthy and time-consuming analysis of the very considerable detail”.

However, the evidence will never be publicly-disclosed if, as expected, the inquiry wraps up early in July.”’ (http://www.thisislondon.co.uk/news/uk/leveson-phone-hacking-inquiry-could-be-cut-short-7706894.html).

What has prompted Leveson to act now?

Why has  Leveson acted in this manner now? The most likely explanation is that Inquiry has been creeping ever closer to seriously damaging evidence which could lead to senior politicians,  leading Tory politicians up to and including  Cameron himself.   In addition,  just by its terms of reference  Part 2 of the Inquiry has the potential to be much more damaging than Part 1. Here is its remit:

“3. To inquire into the extent of unlawful or improper conduct within News International, other newspaper organisations and, as appropriate, other organisations within the media, and by those responsible for holding personal data.

4. To inquire into the way in which any relevant police force investigated allegations or evidence of unlawful conduct by persons within or connected with News International, the review by the Metropolitan Police of their initial investigation, and the conduct of the prosecuting authorities.

5. To inquire into the extent to which the police received corrupt payments or other inducements, or were otherwise complicit in such misconduct or in suppressing its proper investigation, and how this was allowed to happen.

6. To inquire into the extent of corporate governance and management failures at News International and other newspaper organisations, and the role, if any, of politicians, public servants and others in relation to any failure to investigate wrongdoing at News International

7. In the light of these inquiries, to consider the implications for the relationships between newspaper organisations and the police, prosecuting authorities, and relevant regulatory bodies – and to recommend what actions, if any, should be taken.”  (http://www.levesoninquiry.org.uk/about/terms-of-reference/).

Apart from the potential danger to politicians and  police officers contained in the remit,  the concentration on News  International stands out.   They might be the obvious target in the case of phone hacking because of the evidence which came out before the Inquiry began, but there is no reason to believe they would be any more likely than any other press publisher engaged in similar journalism to have bribed police, politicians or public servants  or corrupted them in other ways. It is clear that the narrative  the Inquiry is meant to portray the  News International and Murdochs are the font of all serious press evil  with no other press group being put in a position of serious difficulty.  

Politicians and Judges

A senior judge is above political direction or collusion you say?  Sadly no. To begin with there is no proper separation of powers in Britain between the executive and the judiciary. British politicians have their hands on the justice system in a very intimate way. Three members of the government act as law officers – the Secretary of State for Justice now (combined with the office of  Lord Chancellor) who sits in the cabinet;  the Attorney-General (who on occasion attends cabinet meetings) and  the Solicitor-General have considerable influence on the operation of the  justice system in England and Wales, including  in the case of the Lord Chancellor,  the oversight of judges’  behaviour and roles in the appointment of judges and the dismissal of all but the most senior judges, despite   these powers being reduced substantially by the Constitutional Reform Act 2005 (http://www.parliament.uk/documents/commons/lib/research/briefings/snpc-03792.pdf).

To these very direct hands on the justice tiller is added the fact that Parliament – both Lords and Commons – is heavily littered with lawyers, most  of them barristers with a good sprinkling of  QCs.    This is important because the  legal world from which judges are drawn is a very small one. The vast majority of judges were barristers before their elevation  (the most senior judges are all barristers) and they are in practice drawn from a pool of just a few thousand .  There are around  15,000 barristers working in the UK, but  only a thousand or two at any one time would possess  the experience  to have even a theoretical chance of being appointed  to the bench at any level (http://www.chambersstudent.co.uk/Articles/197) .  The  upshot  is that judges, and especially senior judges, will almost certainly know  socially many of the barristers in Parliament and will quite probably have  had a social relationship with one or more of the Government’s law officers.   The re is a fair chance they will have  also  have socialised  with politicians who are not lawyers.  Moreover, a senior judge  will almost certainly  have  a sense of unconscious class solidarity with Government ministers because judges and politicians often  share a broadly similar social background.  This social familiarity provides any government  with ample  opportunity to  appoint someone who is judged to be  well enough  known to members of the Government  for them to be sure in their own minds that  someone appointed to an official Inquiry will  not do anything to rock the establishment boat .

There is also the normal human response to the powerful in play.  Powerful men do not have to spell out what they want done. Often  circumstances can be relied on to suggest what behaviour is required of those subordinate to him. Where the circumstantial prod is deemed insufficient by the powerful, they will let their views be known either by stating them publicly or through intermediaries.

All these forces acting on a  judge appointed to a public inquiry will almost invariably ensure that whatever evidence comes out the conclusions drawn by the Inquiry it will be favourable to the Government’s position –  provided the government which commissioned it is still in power  when the Inquiry  report  is published. The Hutton Inquiry into Dr David Kelly’s death  is a prime example of how an Inquiry can come to conclusions which are utterly at odds with the available evidence.   The Inquiry  unearthed much which  suggested an unnatural death,  but produced a report which concluded exactly what the Blair Government wanted it to conclude, namely, that Kelly had committed suicide.

Why has Leveson failed to do what Cameron expected him to do?

If Leveson was committed to controlling the Inquiry to protect politicians (and possibly senior police officers) why has he failed to be successful to the extent that the Inquiry itself is in danger of  being closed down early?  The answer is simple: the Inquiry became impossible to control because  Cameron  and  those  politically close to him were too closely wound into the News International story.  Because of that the remit of Part 2  of the Inquiry holds  considerable dangers for senior Tory politicians. Suppose, for example, Ian Hurst’s evidence showed senior police officers engaged in not only run-of-the-mill corruption but also political interference in police investigations of  News International.

Leveson and his lawyers have certainly done their level best  to ensure that they have created no  really serious trouble for national politicians,  press owners  and their senior employees, not even for News International and the Murdochs.    The questioning has been  so feeble  and generally incompetent that it is difficult to believe that it has not been so on purpose – see (http://livinginamadhouse.wordpress.com/2012/02/29/leveson-inquiry-the-killer-question-robert-jay-qc-is-not-asking/). There has been sleaze unearthed and embarrassment  generated for politicians and journalists,  but to date nothing which might lead to criminal charges has emerged during the Inquiry. (Mediafolk have been arrested during the Inquiry’s existence  but not as a consequence  evidence unearthed by the Inquiry).  To this general ineptitude can be added the  blatant concentration on News International and the Murdochs to the virtual exclusion of the rest of the British national press.

To what is publicly obvious I can add my own experience of  just how determined Leveson is to not go  beyond News International  when it comes to revealing serious press abuse.   I supplied  the Inquiry with  evidence of  serious misbehaviour by  politicians, the press and the Metropolitan Police. (http://livinginamadhouse.wordpress.com/2011/11/25/the-leveson-inquiry-the-blairs-the-mirror-the-police-and-me/). All of  this  falls objectively within the remit of the Inquiry.

The misbehaviour included at hate campaign against me by the media generally in 1995;  a severe libelling of me  by the Mirror in 1997 in a story linking me with the Blairs to which I was given no chance to answer (http://livinginamadhouse.wordpress.com/2010/10/26/when-tony-and-cherie-blair-tried-to-have-me-jailed/);    plentiful evidence of the wilful refusal of the PCC to investigate cast-iron and most serious complaints and collusion between the press and politicians to suppress stories (http://livinginamadhouse.wordpress.com/2012/05/03/leveson-inquiry-politicians-and-the-press/).

Amongst the evidence  I sent to the  Inquiry was a letter sent  by Piers Morgan to the PCC when he was Mirror editor (http://livinginamadhouse.wordpress.com/2011/12/20/piers-morgan-lied-to-the-leveson-inquiry/).  In the letter he admitted receiving information (about me) from a police officer in circumstances which can only have been illegal, viz: “The police source of our article (whose identity we have a moral obligation to protect…”.

Leveson both  failed to question Morgan about the letter when he gave  evidence  and refused  to investigate the matter when I pressed the Inquiry to do so after the failure to put the letter to Morgan (http://livinginamadhouse.wordpress.com/2012/02/17/leveson-inquiry-wanted-people-who-have-had-their-evidence-ignored/).

Despite the general strength of the evidence I supplied,  Leveson refused  not only my application to be a Core Participant, but has also failed to  use me as a witness or utilise in any way  the evidence I have supplied .

Leveson’s   utter determination not to let the Inquiry stray from the narrow  narrative concentrating on  News International  to the exclusion of other parts of the press  is shown by his cavalier  behaviour when I applied to be a Core Participant  – this would have allowed me not only to give evidence but, amongst other things,  become involved in what questions were asked of witnesses under oath.

I was asked to provide details reasons why I should be a Core Participant (http://livinginamadhouse.wordpress.com/2012/01/27/leveson-inquiry-robert-hendersons-application-for-core-participant-status/).    At the Directions Hearing  which dealt with my application Leveson announced that he had not read my submission and would not be doing so, but, rather, he  would make his decision based on what I could say in  five minutes. I did this and my application was  turned down in the most peremptory fashion at the end of the Directions Hearing.  I never received any  written reasons for the refusal. (http://livinginamadhouse.wordpress.com/2012/01/11/leveson-inquiry-the-response-to-robert-hendersons-application-to-be-a-core-participant-2/)

Why did Cameron set up the Inquiry?

Bearing in mind the close relationship Cameron and other  Tory politicians had with News International it might be thought more than  a little strange that Cameron set up the Inquiry.  He could have  quite legitimately refused an inquiry on the grounds that there was a massive and ever growing police investigation into the relationship between the police, politicians and the press and a public inquiry would jeopardise this.

As with every other government instituted inquiry, Cameron probably  imagined he could control the outcome by choosing a judge who could replied on not to come to any disagreeable (for the government or any member of it) conclusions and  by designing the remit of the Inquiry to steer it away  from anything which might embarrass (or worse) himself ,  his ministers or his party.  But even if Cameron thought he could control the Inquiry this could be post facto wishful thing because there  is good circumstantial evidence that he was panicked into setting up the Inquiry.

On  5 July 2011 the police released details of those whose phones may have been hacked, including  9/11 victims and relatives and the murdered teenager Millie Dowler  after she had been reported missing and before her body was found.  (http://www.telegraph.co.uk/finance/newsbysector/mediatechnologyandtelecoms/8619373/News-of-the-World-bereaved-relatives-of-77-victims-had-phones-hacked.html).   The general public had not been tremendously exercised by the phone-hacking up to that point, seeing it  as a parade of celebrities  whose lives were normally on public view.  Come the revelation that the practice had extended to “ordinary people” – and in particular to the Millie Dowler case – public outrage was created.

This alone might not have  panicked Cameron into setting up an Inquiry, but his  reckless employment of a one-time News of the World editor Andy Coulson as his  director of communications brought the question of press misbehaviour and phone-hacking in particular uncomfortably close . Coulson  was arrested in connection with phone-hacking  in July  2011. (http://www.bbc.co.uk/news/uk-11195407).  He was not  charged (and has  not been charged)  in relation to any  phone-hacking,  but his arrest  was enough to persuade Cameron to set up the  Inquiry.  Coulson was arrested on 8 July (http://www.dailymail.co.uk/news/article-2012540/ANDY-COULSON-ARRESTED-Camerons-ex-aide-quizzed-phone-hacking.html ) and the Inquiry announced on  13 July http://www.levesoninquiry.org.uk/).

As the extract  from the Inquiry’s remit quoted above shows,  the Inquiry was clearly intended to be directed at  News International and nothing else.  This was a colossal   blunder from Cameron’s point of view. He did not take properly into account the extent to which he and other senior Tories had been compromising themselves by their closeness to Murdoch and other senior News International and News Corps figures. This may have been to some extent through ignorance of what his fellow  Tory politicians had been up to on Cameron’s part, but his own  very close relations with News International should have been enough to set the alarm bells ringing in his head.

The problem for  Cameron is that he , along with the rest of the Tory hierarchy, were and are in a Mexican stand-off  with News Corp generally  and the Murdochs in particular. The latter have presided over newspapers which have  engaged in highly  immoral and,  in some instances ,  serious criminal behaviour.  Against this News  Corp and the Murdochs in particular will have a good deal of information about Cameron and other leading Tories which at best could be very embarrassing and at worse point to criminal collusion.

That Cameron (and those close to him) could not see the dangers suggests either a disconcerting  obtuseness on his part  or a monumental arrogance which persuaded him that , regardless of any  unpalatable facts  which might come out, the Inquiry could be controlled by the Government.  He may have been misled by the experience of the Hutton Inquiry, but if so he was remarkably naïve.   There is a great deal of difference between his and his government’s position and that of  Blair at the time of David Kelly’s death.  Cameron does not have a healthy Commons majority;   he is hamstrung by being in coalition which makes him look weak and hypocritical; the economic times are radically worse now and the country is already weary and increasingly contemptuous  of him after two short years.

Even if Part 2 of the Inquiry does not take place it will not get solve  Cameron problems.  Part 1 still has the capacity to bring a good deal of damaging material into the public fold, not only from the Inquiry but generally as the Inquiry and the response to what it uncovers prompts other information to be given public prominence  .  Yesterday (9 May) an updated biography  of Cameron  revealed that he had sent one time NoW editor and News International chief executive Rebekah Brooks a supportive text two days before she resigned from News International (http://www.telegraph.co.uk/news/politics/9253633/David-Cameron-sent-supportive-text-to-Rebekah-Brooks-biography-reveals.html).  This morning (10 May)  stories  appeared showing that Andy Coulson  attended meetings which required high security vetting which Coulson did not possess. (http://www.telegraph.co.uk/news/uknews/leveson-inquiry/9256111/Government-admits-Andy-Coulson-attended-high-level-security-briefings.html)  and the failure of Cameron to declare  two meetings with Rebekah Brooks days after Andy Coulson quit his No 10 post (http://www.telegraph.co.uk/news/uknews/phone-hacking/9255030/David-Cameron-failed-to-declare-meeting-with-Rebekah-Brooks-two-days-after-Andy-Coulson-quit.html)

The cancelling of Part 2 would of itself create a scandal in the public mind because the natural conclusion for any disinterested party to draw would be that it has been done simply to protect Cameron and other senior Tories.  That would increase the  already considerable contempt in which politicians are generally held and the dislike and  anger at the performance of the Coalition. However, that would not mean either a change of Prime Minister or an early election.

The only things going for Cameron  are the fact that the LibDems are largely silenced on the matter by their  position in the Coalition and their dire position in the polls; Labour’s own considerable involvement with News International  makes attack by them on the Tories on the subject of Murdoch  very difficult and the general reluctance of by  Labour and LibDems to go into another election soon because of the poor state of their party finances.  Because of these considerations it is likely that if  nothing  utterly damning about the relationship between News International,  the police and  Cameron and other senior Tories comes out the Coalition will stagger on for a year or two even if the Inquiry is cut off at the knees.

Leveson Inquiry – Politicians and the Press

Miss Kim Brudenell

Solicitor to the Inquiry

Leveson Inquiry

Royal Courts of Justice

Strand, London WC1

2 May 2012

Cc All barristers employed by the Inquiry

Dear  Ms Brudenell,

Politicians and the Press

I enclose three  examples of  collusion between politicians and the press.    All cases demonstrate the willingness of the British mainstream media to act in concert to suppress  stories of great public interest as a result of either direct  political interference or  a shared interest between politicians and the media in suppressing a story.

Case 1 Tony  and Cherie Blair

During the General Election campaign of 1997 Tony and Cherie Blair attempted without success to have me prosecuted for offences under the Malicious Communications Act and for common assault after I sent letters to them (the attempted charge of assault by writing was and is a crime unknown to English law).

The Blairs made the complaint to Belgravia Police who  immediately  referred the matter to the Crown Prosecution Service (CPS). The CPS refused the complaint on the same day they received it,  ruling that my letters constituted NO CRIME.

The fact that the CPS made such a  rapid and unambiguous decision tells its own story:  they had the tremendous pressure  on them of having the man who was almost certainly about to become the prime minister making the complaint yet threw it out within a matter of hours.  There was a  very simple reason for that:  my letters  contained no obscenity, crude abuse or threats.

Ironically, I wrote to the Blairs  asking for their help after I had been the subject of a media storm in 1995 after Wisden Cricket Monthly published an article of mine “Is it in the blood?”  I contacted them after I was refused any opportunity to reply by the media and the PCC refused to adjudicate on my complaints.  I asked Blair  what he would do to stop such abuse if he formed a government and sought the assistance of his wife in her role as a prominent human rights lawyer.

Tellingly, the Blairs did not go to the police when I sent the letters but only after I had circulated copies of my letters and the non- replies I received from the Blairs’ respective offices  at the beginning of the General Election campaign.

The Blairs were advised by the police that if they wanted to take the matter further all they could do was start a civil action against me. They  failed to do so despite the fact that the evidential test in a civil case is much lower than it is in a criminal case.  That failure, together with the facts that (1) the Blairs did not go to the police when I sent the letters  and  (2) they  are both lawyers  with ready access  to legal advice from their friends and colleagues make it  reasonable to assume that they realised no crime had been committed and pressed the case simply as a device to silence me during the election campaign.

After the Blairs failed to have me made the subject of a criminal investigation the Daily Mirror and its sister paper in Scotland  the Daily Record  published stories  on 25 March 1997 revealing that the Blairs had been to the police to try to have me prosecuted.  The Inquiry already have copies of  both stories, including facsimiles of the original pages,  but I attach copies for your convenience (Daily Mirror and Daily Herald  stories.docx http://livinginamadhouse.wordpress.com/2011/04/17/the-failure-to-charge-piers-morgan-with-illicitly-receiving-information-from-the-police/  ).

The Mirror story in particular was dramatic, involving a large front page flier for the story and almost a full page for a photograph of me  (taken without my permission while I inside my flat) and story  which was both highly sensational and very libellous,  with  false claims such as “Police are probing a string of race hate  letters  to Tony and Cherie Blair” (there were no such letters and the police never began an investigation),  “The  letters,  which are said to  contain  racist   filth”  (ditto) and absurd (and false) claims that I bombarded the Blairs with letters.

What happened next will be of  interest to the Inquiry as it conducts module 3 dealing with the relationship between the press and politicians.  Despite the sensational nature of the Mirrors’  coverage  and the facts that it was (1)  published during a General Election campaign and   (2) it concerned the leader of the Party  who would in all probability be prime minister within six weeks, not a single  mainstream newspaper (or broadcaster)  took up the story of their own volition.   Nor could I get any newspaper (or broadcaster)  to  take it up, either immediately after the publication of the Mirror story or afterwards.

That the Mirror and Herald were the only papers to publish the story is easily explained: they were absolutely committed to Blair and the Labour Party’s election in May 1997. It would not be too much to say that the Mirror was at that point effectively the Labour Party’s house journal.

As for the failure of the rest of the media to take up the story, that demonstrates  the general  collusion of the UK media and politicians.  There is a constantly flow of personnel between politics and the media, not merely  politicians going to the media but also all the hangers on such as personal advisors.   In addition to that personal vested interest, there is a general vested interest with politicians begging for favourable media coverage and mediafolk desperate not to be  frozen out from government briefings, official or otherwise.

Case 2 Gordon Brown and the Francis Crick Institute

A very large research laboratory, The Francis Crick Institute,  is being built on land behind the British Library in Kings Cross, London -  http://ukcmri.wordpress.com/2010/12/16/objection-to-ukcmri-planning-application-for-a-research-centre-in-brill-place-london-nw1/.

The land on which it being built was publicly owned. It was sold by ostensibly  public tender  by the Department of  Culture, Median and Sport (DCMS) in 2007 to  a consortium the United Kingdom Centre for Medical Research and Innovation (UKCRMI).

Just as the decision on the Murdoch bid to buy all the shares in BSkyB that News  Corps did not own was supposed to be decided impartially by a minister (Jeremy Hunt),  so was the sale of the land by the  Secretary of State for the DCMS . The reality was that there was no impartiality exercised. As is clear from the documents below which I obtained using the Freedom of Information Act (FOIA), Gordon Brown persistently interfered with the sale by putting his weight behind one of a number of bidders. This invalidated the bidding process.

I made great efforts to get the story into the mainstream media and politics  – see http://ukcmri.wordpress.com/. These were unsuccessful which says a great deal about both our politicians and political  journalists. Nonetheless, it does stand as evidence of the persistent willingness of politicians to misuse their power  and of the British media to suppress political stories when it suits them.

There is another strong public interest in this story because the Francis Crick Institute will by dealing with highly toxic viruses and bacteria in its research. This makes it a serious and potentially catastrophic danger to London, both from lapses in bio-security and terrorist action.  The full story can be found at http://ukcmri.wordpress.com/.

The emails and letters showing Gordon Brown’s interference in the bidding process are contained in the attached file UKCRMIGordon Brown.docx (http://ukcmri.wordpress.com/2011/02/21/gordon-browns-involvement-in-the-sale-of-the-land-to-ukcrmi/)

Case 3 The attempted suicide of Tony Blair’s daughter

In May 2004 Kathryn Blair attempted to commit (reports on the web by non-mainstream media  suggest she was taken to hospital on Thursday 13th May 2004, for example, http://www.public-interest.co.uk/aseye/index.htm# ). Every single national  newspaper and broadcaster (including the BBC) refused to use the story.  The BBC’s failure is especially reprehensible because  a public service broadcaster has a special obligation to put anything of political importance  before the public.

How do we know the story is true?  Well, Martin Bright when political editor of the New Statesman confirmed the story verbally to me at a meeting of the Campaign for Press and Broadcasting Freedom and Tom Leonard when he was with the Daily Telegraph sent this email when I raised the matter with him:

“ In message <011401c5913d$53a14e40$171b1…@tgl.telegraph.co.uk>, Tom Leonard <tom.leon…@telegraph.co.uk> writes

Dear Mr Henderson, thanks for your email. The problem with the story about the Blairs’ daughter is that the BBC was far from alone in ignoring it. I think the whole of Fleet Street ignored it too on the grounds of sensitivity and intrusion into privacy (she is a minor of course).

However, you are completely right about the BBC’s vested interest and well done for pointing it out to Mr Grade. The BBC is too used to never being properly grilled by >the public.

Regards, Tom Leonard”

Then there is the behaviour of  the BBC.  I twice confronted  Michael Grade when he was  BBC chairman with the failure of the BBC to run the story.

The first occasion was at the Viewers and Listeners Spring Conference in April 2005. Grade claimed not to know the story, but refused to discuss the matter. Later I wrote to him asking him to justify his failure to make the story public. Grade did not reply but I received a letter from the BBC’s Head of communications Tina Stowell which ran “The question you raised at the VLV Seminar on 25 April relating to the Prime Minister’s daughter is not one which the BBC Chairman will respond to in public or via correspondence.”

The second occasion was at the Governors “AGM” at Television Centre on 19 July 2005. After the programme, The Governors rashly mingled with the audience. I managed to corner Grade for about five minutes and ask him in front of plenty of witnesses why he had censored the story of the Blair daughter’s attempted suicide, especially after I had raised the matter with him in April 2005 at the Voice of the Viewer and Listeners Spring Conference. He tried to make a joke of it, but before he escaped I asked him the following question: Do you believe the story is true? He refused to answer. ’nuff said.

At the same meeting I lobbied four other Governors: Deborah Bull, Merfyn Jones, Fabian Monds, Ranjit Sondhi and Angela Sarkis. Without exception they all seemed painfully startled by the news. I got a promise from each to look into the matter if I sent them the full details. I wrote to them and the other Governors on 20 July 2005. None have replied. Instead, I again received a letter from Tina Stowell (22 July 2005). This ran “Thank you for your letter to the Board of Governors. The BBC’s position remains the same as in my previous letter.” I then submitted a formal complaint through the governors’ website of 28 July 2005. This elicited no reply.

I raised the failure of the  BBC to act on BBC phone-in programmes and was always cut off immediately I had raised the subject.   I wrote to Feedback, the programme which supposedly deals with listeners concerns with the BBC, asking them to investigate the censorship. They failed to do so.

In addition to this evidence, there were  also references in the mainstream media  in 2004 of a family matter which could persuade Blair to resign.  It is reasonable to conclude that the ‘family matter’ was Kathryn Blair’s attempted suicide.  Interestingly, Cherie Blair said this in an interview in 2009:

“  Mrs Blair has also told Italian paper La Repubblica that Nicky and Kathryn were taunted at school over their father’s decision to send troops into Iraq in 2003 to stop Saddam developing weapons of mass destruction.

‘They had some really difficult moments at school. Everybody called their father a liar,’ she said.” http://www.dailymail.co.uk/news/article-1211450/The-young-OBlairs–Former-Prime-Ministers-children-Irish-passports-thanks-grandmother.html

There is the strongest public interest in the media running stories such as Kathryn Blair’s suicide.  Politicians are by definition professional moralists because they tell  everyone how to live through the laws they pass and the moral judgements they publicly make. For that reason alone, in a democracy the electorate need to know how their private lives match up to that which they ordain for others.

But there are other good reasons. Blackmail is one and the effect on a politician’s mind and behaviour of traumatic events another. Clearly, this event was such as to potentially seriously  destabilise Blair’s mental balance. As he was PM  the public had a right to know what he was undergoing.

To argue that a child must be given anonymity at all costs is nonsensical. It would, for example, prevent the release of names and details for a child who has gone missing.

Nor is there any reluctance on the part of the media to constantly name children who have done something wrong which stops short of an appearance in a criminal court. In addition, in some criminal cases, the ban on identifying children is lifted and the media again is only too happy to identify them, often in ways which may incite attacks on the child or parents.

It is also true that children generally have to bear the humiliation and shock of seeing their parents and other adult relatives named in the media when they have committed a crime or behaved immorally. That is at least as traumatic as the child being named.

Tellingly, the media have no difficulty with reporting failed teenage generally can be seen from the vivid example of Rebecca Ling, the survivor of a suicide pact viz:

http://news.bbc.co.uk/1/hi/wales/south_west/3651008.stm

http://www.independent.co.uk/news/uk/crime/tragedy-of-the-suicidepact-teenage-girls-who-met-in-internet-chatroom-551402.html

http://www.dailymail.co.uk/news/article-316749/Suicide-pact-girl-bullied.html#ixzz11P5vVRDz

Both at the time of the suicide pact and during the inquest into the girl who died the BBC and every other mainstream media outlet reported the story with her name, in depth and sensationally. What is sauce for the Man on the Clapham omnibus gander should be sauce for the PM goose. It should not be for the media to decide what they will and will not put before the public when there is a matter of great public interest at issue. Clearly, the Blair child’s case was  suppressed because of political pressure and/or bias on the part of the media.   (It is worth adding that the children of the elite gain great privileges simply by virtue of their accident of birth. The downside is that they may be under greater scrutiny than the ordinary child in the street.)

Why was the story so completely suppressed? I would suggest this. In modern Britain it is next to impossible to force a Prime Minister out of office for political reasons. Where a Government has a massive majority it is impossible. The only thing which could bring Blair down was personal scandal. No media outlet was willing to risk being  the one which broke the silence and being shut out from the political inside stories.  There is also the fact that Murdoch was supporting Blair  and much of the rest of the media wanted Labour to remain in power.   That is probably why the story of his daughter’s attempted suicide was  so ruthlessly censored.

Conclusion

I am, as ever, willing to appear as a witness at the Inquiry and to offer any other help to the Inquiry.

Yours sincerely,

Robert Henderson

Administrative justice: Gordon Brown misbehaved in the same general way as Jeremy Hunt

A very large research laboratory, The Francis Crick Institute,  is being built on land behind the British Library in Kings Cross, London -  http://ukcmri.wordpress.com/2010/12/16/objection-to-ukcmri-planning-application-for-a-research-centre-in-brill-place-london-nw1/.

The land on which it being built was publicly owned. It was sold by ostensibly  public tender  by the Department of  Culture, Median and Sport (DCMS) in 2007 to  a consortium the United Kingdom Centre for Medical Research and Innovation (UKCRMI).

Just as the decision on the Murdoch bid to buy all the shares in BSkyB that News  Corps did not own was supposed to be decided impartially by a minister (Jeremy Hunt),  so was the sale of the land by the  Secretary of State for the DCMS . The reality was that there was no impartiality exercised. As is clear from the documents below which I obtained using the Freedom of Information Act (FOIA), Gordon Brown persistently interfered with the sale by putting his weight behind one of a number of bidders. This invalidated the bidding process and

I made great efforts to get the story into the mainstream media and politics  – see http://ukcmri.wordpress.com/. These were unsuccessful which says a great deal about both our politicians and political  journalists. Nonetheless, it does stand as evidence of the persistent willingness of politicians to misuse their power  and of the British media to suppress political stories when it suits them.

There is another strong public interest in this story because the Francis Crick Institute will by dealing with highly toxic viruses and bacteria in its research. This makes it a serious and potentially catastrophic danger to London, both from lapses in bio-security and terrorist action.  The full story can be found at http://ukcmri.wordpress.com/.

Robert Henderson 27 4 2012

Gordon Brown’s involvement in the sale of the land to UKCRMI

February 21, 2011
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To make  the matter as simple as possible to follow,  I have selected from the  documents in my possession which show Gordon Brown’s illegitimate involvement in the sale of  the land to UKCRMI six which form a paper trail from the period before the closing date for expressions of interest  to the announcement of the sale of the land by Gordon Brown.  Some of the  documents are lengthy. To prevent readers having to plough through them   I have highlighted  (by bolding) the passages in the documents which refer directly or indirectly to Brown’s interest.  Where a figure such as  [40] appears, that means redaction has occurred under the exemptions in the FOIA –  the number relates to the clause number of the exemption.  These documents  also give a good sketch of the background to the bidding process.

Further relevant documents can be found athttp://ukcmri.wordpress.com/2010/12/16/objection-to-ukcmri-planning-application-for-a-research-centre-in-brill-place-london-nw1/

————————————————————————————

NB This document shows that  Brown was interfering even before the closing date for expressions of interest was closed.  The relevant date is not that on Rosemary Banner’s letter, but the enclosure which came with the letter, i.e., 1 August 2007. 

HM TREASURY

I Horse Guards Road London SWIA 2HQ

Rosemary Banner

Head of Information Rights Unit

Tel: 020 7270 5723

Fax:

rosemary.banner@hm-treasury.x.gsi.gov.uk

http://www.hm-treasury.gov.uk

Mr R Henderson

24 June 2009

Dear Mr Henderson

Freedom of Information Act 2000: medical research centre   We wrote to you on 27 August 2008 conveying the conclusions of the internal review carried out in relation to your complaint to the Treasury about the handling of your April 2008 request for information under the Freedom of Information Act.

In light of your complaint to the Information Commissioner we have reconsidered the single item of information that falls within the scope of your request that has not already been disclosed. As a result of this re-examination we have identified additional information that we are now able to provide to you. Please see attachment at the end of this letter. For the avoidance of doubt we should make it clear that the Treasury continues to regard its original decision not to release this information as correct at the request and review stage. However, given the passage of time, we believe that the public interest in withholding has diminished and can now be released.

We have, however, decided to continue to withhold two sentences from this information under section 35(1 )(a) of the Act. These sentences continue to relate to ongoing policy. We have explained our position to the ICO regarding this, and are able to clarify that the redacted sentences contain information on a bid for funding from the MRC that the Department for Business Innovation and Skills are assessing in the normal way. Funding decisions have not concluded. As always the Government will publish actual funding provisions once a decision has been reached. Due to the way funding bids are negotiated and assessed this was been a live issue at the time of the request; internal review; and remains so at this present time. To be helpful we refer to evidence published by the select committee in December 2007. You will see that at that time the bid was £118 million.

http://www. parliament.the-stationery-office.com/pa/cm200708/cmselect/cmdius/1 85/1 85we02.htm

The Treasury is not able to comment as to what the final figure will be until a decision has been made, I reiterate that once decided it will be announced publicly.

Rosemary Banner

Head of Information Rights Unit

For HM Treasury

EXTRACT of relevant information extracted from a report prepared

 1 August 2007

NATIONAL INSTITUTE OF MEDICAL RESEARCH (NIMR)   MRC concluded some years ago that the NIMR’s future location should be close to a London Teaching Hospital. With this in mind, MRC purchased at their risk for £28M in March 2006, but with Treasury’s knowledge, a one-acre site at the National Temperance Hospital location (NTH) in London.

MRC has recently learnt that its earlier preferred site for NIMR, a three-acre site adjacent to the British Library, has now become available. This larger site would have the major advantage of accommodating more translational research. Encouragingly MRC has most recently proposed that the site would be developed in partnership with Cancer Research UK (CRUK), Wellcome Trust and UCL as a potentially strong consortium. The Wellcome Trust have mentioned that they would be prepared to make a sizeable investment to help establish a new world class medical research facility in North London if they can secure DCMS-owned land and planning permission from Camden Council. At present the consortia has registered its interest in buying the site.

This project has had a very long gestation period, during which the arguments for the strong scientific case for relocating within London (which has a cluster of medical research and teaching hospitals) and the need to retain MRC’s highly skilled staff.

The recent preparation of a suitable business case has been further complicated of late by both the re-emergence of the British Library site as a possible location.  

The PM is also most recently stated that he is very keen to make sure that Government departments are properly coordinated on this project and that if there is a consensus that this is indeed an exciting project then we do what we can to make it happen. This is extremely helpful from a DIUS and MRC perspective, but, formally a NIMR relocation project in London has yet to receive Lyons approval from Treasury (for either the first planned NTH site or the possible BL site).

MRC have employed Deloitte to prepare a full business case for the relocation project.

The scientific and operational case for a London location is strong in our view.

Key Dates for the Preparation and Appraisal of the NIMR Proposal

- July 2007 — Letter to Treasury to inform CST of MRC’s proposed bid for the BL site.

-July/August 2007 — Expression of interest in the BL site registered by  the MRC Consortium.

-September 2007 — further substantive discussions with MRC/Deloitte  on Lyons and emerging business case material.

-September 2007 — MRC NIMR project included by RCUK in the 2007 Roadmap consultation.

-October 2007 — first full draft business case prepared by MRC/Deloitte.

-October 2007 — MRC consortium formally bid to DCMS for the BL site.

-November 2007 — Full revised business case received and Lyons case consideration undertaken by Treasury.

-December — Progress submission to Ministers.

-December 2007 — MRC Consortium formed and, if successful in bidding, payment to DCMS for the BL site.

-December 2007 — MRC’s NIMR project prioritised by Research Council Directors for receipt of DIUS funding through the Large Facility Capital Fund.

-February/March 2008 — Submission to Ministers for approval of LFCF allocation to support the MRC’s NIMR project, subject to our final assessment of (a) the outcome of the Lyons case (b) the full business case and (C) prioritisation by RCUK of the use of the available LFCF,

April/May 2008 — DIUS Ministerial announcement of NIMR relocation project approval (subject to all the above).

Further Background to the National Institute of Medical Research (NIMR) The NIMR is one of the MRC’s largest and oldest research institutes. The NIMR is recognised as once of the UK’s foremost basic research institutes with a strong scientific track record and reputation. NIMR currently  houses the World Influenza Centre (WIC), which was established by  World Health Organisation (WHO) in 1948. The Centre, works with a  network of collaborating laboratories to detect and characterise the emergence of new influenza virus anywhere in the world including avian virus H5N1. NIMR is also at the forefront of international research to discover how molecular changes in the virus affect its ability to infect people and cause disease.

The NIMR has been at its present site since 1950. If it were to remain there the buildings would need substantial refurbishment. It is currently a ‘stand-alone’ Institute not physically linked to any University, Medical School or Hospital. In 2003 the MRC set up an expert Task Force to examine the strategic positioning of the NIMR research within the MRC portfolio. The Task Force concluded that their vision for NIMR would be best delivered through an intramural — i.e. with the staff employed by MRC — research institute on a single site in central London in partnership with a leading university and hospital (they received proposals from King’s College and University College) and this would enhance: – The multidisciplinary nature of NIMR’s work, providing access to other biologists, physical scientists, engineers, and mathematicians – Opportunities to collaborate more closely with clinicians and strengthen the focus of translational research.

Remaining at Mill Hill was considered by the Task Force where the majority view was that this would not be a viable option as it would not deliver Council’s vision for a world class research institute carrying out basic, clinical and translational research in partnership with a leading university and hospital. The position was endorsed by the MRC Council. This disappointed some staff at NIMR and there has been much lobbying of Ministers and MPs and as a result the issue has received some media interest.

MRC Council selected UCL as its preferred partner for the renewal and relocation of NIMR in Central London, in close proximity to a major teaching hospital (University College Hospital) and relevant university departments, including chemistry and physics.

The MRC Council approved an outline Business Plan for the renewal and relocation of NIMR in July 2005. The Business Plan confirmed the feasibility of developing the renewed Institute on the National Temperance Hospital (NTH) site in Hampstead Road, which MRC bought (at its own risk but with Treasury’s knowledge), for £28M in 2006, suggesting that the new site could provide accommodation for up to 1,058 staff, including 248 from UCL and potentially 40 additional research staff.

MRC have recognised that their development of the business case needed to ensure a successful project and to satisfy the requirements of DIUS and Treasury requires additional skills to those residing within the MRC and most recently further advice has been procured by MRC from Deloitte for assistance with preparation of the business case.

It was also not our intention at review stage to withhold names of senior civil servants of the email provided at initial request. While we explained that the sender was Jeremy Heywood from the Cabinet Office we overlooked to state the other officials who were recipients of that email. They were: The Permanent Secretaries of DIUS and DCMS Ian Watmore and Jonathan Stephens; the Managing Director of Public Spending in HMT, John Kingman; and the Chief Operating Officer, DCMS Nicholas Holgate.

————————————————————————————

NB This document shows Brown’s  interest just before the short list of bidders was decided. 

RESTRICTED – POLICY & COMMERCIAL

To James Purnell Margaret Hodge, Jonathan Stephens,Ros Brayfield

From Nicholas Holgate

Date 18 September 2007 ____________

SALE OF LAND TO THE NORTH OF THE BRITISH LIBRARY

Issue: mainly for information but also to ask how you would wish to be involved in this transaction.

The Department owns 3.6 acres to the north of the British Library. With the completion of the new train terminal, we are able to sell it and have been conducting a competitive process so that Ministers can choose what represents best value, comprising not just the proceeds from sale but also the use to which the bidder intends to put the land.

2. We are bound to be concerned about proceeds:

a. There is an obvious obligation, on Jonathan as the department’s Accounting Officer, to secure the best return we can for the taxpayer;

b. the Government is close to breaching its fiscal rules and has set itself a demanding target for asset disposals. Your predecessor strongly rebutted the Treasury’s proposal that we should sell assets worth £150m by 2010-11 and it has not formally been debated since your arrival; but we are likely to have to raise some funds from disposals. In any case:

c. proceeds from this sale are earmarked to contribute towards the budget of the Olympic Delivery Authority for 2007-08.

3. Subject to Treasury agreement, we can nevertheless also take public value” into account. We are aware of two such bids one led by the Medical Research Council, with support from the Wellcome Foundation and others for a research facility; and one that wishes to remain confidential but which is essentially related to faith and education.

4. The facts are:

a. We have now received 28 bids in response to a prospectus. Amongst other things, the prospectus drew attention to the local planning policy guidance, which steers bidders towards a scheme that is roughly 50:50 commercial and residential development with 50% affordable housing. It is Camden Borough Council and the Mayor who will have the last word on what is in fact built on the site;

b. Our professional advisers have scored the bids on various criteria and are interviewing the top seven plus two others (the medical research bid is one of the two others) next week;

c. There is a significant financial gap between the top bids and the medical research bid.

5. Jonathan and I are meeting Jeremy Heywood (who is aware of both public value bids), Ian Watmore (Department of Innovation, Universities and Skills) and John Kingman (Treasury) tomorrow. We need to agree an orderly and appropriate process for selling the land, given the public value bidders, other Departments’ interest and the likelihood that the Prime Minister might wish to take an interest too.

6. We will report back to you then. Subject to your views and others’, one potential way forward is a. DIUS economists be invited to assess the public value of the medical research bid. We will need some such calculation if we sell at a discount. DCMS should not do this as we should display some neutrality between bidders . We decide whether we expect the medical research bid to match the best bid, improve their offer but not necessarily to match, or take a lower value on the chin. Given their backers, they can afford to match. But they may refuse to play; and/or we may not wish to be seen to be reducing their funding for good causes just to maximise proceeds;

c. We see whether there is a Government champion for the other bidder;

and

d. We then fairly characterise the two public value bidders and the best commercial bid (or bids, if they differ significantly in what they propose) to Ministers and No 10 for a decision.

Nicholas Holgate

Chief Operating Officer

————————————————————————————

NB This shows Brown’s interest a few weeks before the sale to UKCRMI was agreed.

BRIEFING NOTE FROM POLICY ADVISERS DATED 12 NOVEMBER 2007 TO THE PRIME MINISTER COPIED TO No 10 OFFICIALS.

THE NOTE WAS ENTITLED: PROJECT BLISS – CREATING A WORLD-LEADING MEDICAL RESEARCH FACILITY IN LONDON

Disclosable extracts:

We are close to being ready to announce Government support for the creation of a world-leading medical research facility in London.

The key component being finalised is the sale of land, which will allow the BLISS partner organisations (the Medical Research Council, Cancer Research UK, the Wellcome Trust and University College London) to develop their detailed proposals for the creation of the centre.

We anticipate that the deal will be finalised over the next few days and we should be able to announce the outcome of the process In the next few weeks. On current plans, we would expect the sale to complete during December and preparations for development to begin straight away. The expectation is that the Institute would be up and running by 2012.

This is an important opportunity to demonstrate what the UK’s commitment to medical research really means in practice. And it fits very well with the focus of your intended health speech.

What would you be announcing?

• We would be committing Government support to the creation of a new centre for UK biomedical research, with 1,500+ scientists, at a level commensurate with the very best institutions in the world.

• The BLISS consortium brings together four of the leading medical research institutions in the UK – the Medical Research Council, Cancer Research UK, the Wellcome Trust and University College London.

• The Centre responds to the vision, outlined in Sir David Cooksey’s review of UK health research presented to Treasury in 2006, of better integration and translation of research into patient and public benefit. The Centre will benefit from economies of scale, enhanced infrastructure, the critical mass to optimise collaboration, and the capacity to take scientific discoveries from the lab bench to the hospital bed.

• These four key partners, together with the expectation that other organisations would come forward to invest In the centre or to lease research space, bring a powerful combination of skills and capabilities — basic research, applied research, the capabilities to convert research and innovation for public and commercial use, and the skills and opportunities presented by access to a leading university and teaching hospital. The potential, In terms of understanding disease, and developing new drugs, treatments and cures, is huge.

How to announce?

The suggestion is that you announce this a few days before your health speech, planned for 6th December. We would suggest a visit to a high-tech medical site in the morning to get pictures, followed by a meeting at No lO with all relevant stakeholders (primarily the four partner organisations) at which you make the formal announcement and ‘launch’ the project. Let us know your thoughts on whether this is the right way to proceed with the BLISS announcement?

Background

The vision for the BLISS Centre has six themes:

Research innovation and excellence • Bring together outstanding scientists from two world-class research institutes (MRC NIMR and the Cancer Research UK London Research Institute), collaborating with UCL, to address fundamental questions of human health and disease. • Through Wellcome Trust funding, development of tools for integrative biology, with an emphasis on the development of advanced microscopy imaging and on the mathematicaland computational needs in this field.

• Increase scientific innovation through new links with the physical sciences, life sciences, mathematics, engineering and the social Sciences at UCLI

• Develop close links between the Centre and the outstanding hospitals nearby (Including the National Hospital for Nervous Diseases at Queens Square, Great Ormond Street, Moorfields and University College Hospital) and other major hospitals in London (including Hammersmith Hospital and the MRC Clinical Sciences Centre at Hammersmith, and the Maudsley Hospital and the Institute of Psychiatry)1 State-of-the-art research facilities

• Develop a multidisciplinary research complex operating in state-of-the-art facilities, with the size and diversity to be internationally competitive with the world’s top research institutes.

• Establish a new centre for development of advanced imaging technologies and analysis. A national focus for biomedical science

• Interact with other local centres of excellence to foster and facilitate collaboration between basic, translational and Clinical scientists1  Host national and international research meetings and conferences, facilitated by its proximity to national and International transport links and the conference facilities of the British Library. An effective interface with technology transfer and development

• Facilitate the effective development of therapeutic and diagnostic devices and drugs, by allowing the technology transfer arms of MRC and Cancer Research UK to work closely together.

• Drive innovation in developing tests and technologies through interaction between researchers and development laboratories.

Finding and developing the scientists of the future • Provide an attractive environment to secure and retain world-class scientists by providing an outstanding setting for research and collaboration. • Boost the recruitment and training of scientists and doctors of the future by providing an excellent environment for postgraduate and postdoctoral training, and for training outstanding clinical scientists committed to medical research.

Engaging with the public

• Educate the public on important issues in health and disease.

• Bring together and enhance partners’ public information and education programmes, with a particular focus on engaging younger people.

————————————————————————————

NB This document shows Brown’s involvement just prior to the sale of the land.

BRIEFING NOTE FROM NO 10 POLICY ADVISER TO THE PRIME MINISTER DATED 27 NOVEMBER 2007

COPIED TO NO 10 OFFICIALS

ENTITLED “MEETING WITH PAUL NURSE ON BLISS PROJECT”

You are meeting Paul Nurse who is likely to lead the BLISS institute, along, with Mark Walport, Director of The Wellcome Trust, and Harpal Kumar, Head of Cancer Research, two partners in BLISS

We are close to being ready to announce Government support for plans to create a world-leading medical research facility in London, led by the BLISS consortium made up of the Medical Research Council, Cancer Research UK, the Wellcome Trust and University College London.

We have now effectively finalised negotiations on the sale of the 35 acre site, adjacent to the British Library: a price has been agreed with DCMS, and the deal is complete subject to agreement on how much of the proceeds DCMS will retain. We are therefore ready for an announcement next week on the sale of the land – but will not be announcing full details of the project overall, as there remain various Issues to resolve, including reaching agreement on business plans and gaining planning permission. We would therefore announce the Government’s support for the vision of the new centre – rather than definitive support for the centre itself. The Project BLISS consortium brings together four leading medical research institutions in the UK and will create a new centre for UK biomedical  research, with 1,500+ scientists, at a level commensurate with the very best Institutions in the world.

The Centre responds to the vision, outlined in Sir David Cooksey’s review of UK health research presented to Treasury in 2006, of better integration and translation of research into patient and public benefit.

The Centre will benefit from economies of scale, enhanced infrastructure, the critical mass to optimise collaboration, and the capacity to take scientific discoveries from the lab bench to the hospital bed. The Centre will create a place for:

• collaboration, between leading scientists and clinicians, working on some of the most pressing medical problems of our time;

 • excellence, maintaining the quality of the UK’s life sciences research base;

• application, making links between research, medical practice and the pharmaceutical industry;

• innovation, translating research innovation into new treatments;

 • learning, bringing forward a new generation of scientific leaders;

  •discovery, showcasing the challenges and potential of life sciences to a new audience.

• Using the close proximity to the British Library, the Centre will develop a public engagement and education programme.

Sir Paul Nurse

Sir Paul Nurse is President of Rockerfeller University, formerly Joint Director General of Cancer Research UK and winner of the 2001 Nobel Prize for Medicine. His appointment has not yet been publicly announced,but he is set to lead the project as chair the Scientific Planning Committee.

Briefing note from Bliss

————————————————————————————

NB This document from just before the sale of the land shows  the extent of Brown’s involvement with the suggestion that he would arbitrate.  

Sent: 27 November 2007 13:09

To: HOLGATE NICHOLAS

Cc: _[40]_____________

Subject: RESTRICTED – Land to the North

Hi Nicholas,

Jonathan spoke to Jeremy Heywood this morning. Jeremy said he needed the bid to be agreed by next Wednesday – 5 Dec (or Thursday  latest) as PM wanted to get MRC in then (or possible public announcement.

Jonathan explained that there are two issues from our point of view: .No revised formal offer has been received by DCMS .HMT are not being helpful of recycling returns – without an improved offer from HMT JS said it would he v hard to justify.

JR said he thought the offer was sent to us yesterday – have checked but  nothing in JSs post or email – JH will chase. JH also said he would go   back to HMT to see what more they can do, but that ultimately PM may have to arbitrate.

Cheers

[40]

[40]

Private Secretary  to Jonathan Stephens

Department for (Culture, Media and Sport 2-4 Cockpur Street, London

SWlY 5Dl1 email: [40]@culture.gsi.gov.uk tel: 0207211 fax: 020 72116259

————————————————————————————

NB This document shows Brown’s state of mind immediately after the sale of the land was agreed.

Treasury document

From – name censored

Sent: 04 December 2007 19:49

To: name(s) censored.

CC: name(s) censored)

Thanks for everyone’s help and support in making the announcement tomorrow happen. The PM is truly delighted that departments have been able to work together to secure this huge opportunity for Britain

RESTRICTED – COMMERCIAL

Big Brother plus is knocking on your front door

Robert Henderson

In  George Orwell’s 1984 there are tele-screens and hidden microphones  dotted liberally around public spaces, but, contrary to what is commonly imagined by those who have never read the  book, there is no universal electronic surveillance of   people  within their homes.  There are two-way screens in  the apartments  of many, especially those of the  IngSoc  Party members – the only party allowed: think the CP of the Soviet Union with a dash of  Nazism –  which allow  people  to be watched and those being watched to interact with  the watchers  But most of the population – the Proles – do not suffer these  direct  indignities. They are not considered a threat to IngSoc  because of their lack of sophistication which allows them to be manipulated and controlled by the application of mass psychology and a ruthless and proactive censorship which continually re-writes the past.

From the details publicly available, the intention of the David Cameron’s Coalition Government is to pass an Act  (http://www.guardian.co.uk/media/2012/apr/02/internet-companies-warn-government-email-surveillance) which will do what Orwell did not imagine: introduce electronic surveillance into every home as well as every place of work or public area where the Internet  is used.  Indeed, for anyone who uses a mobile  phone or similar device to enter the Internet , the surveillance will be complete if the person keeps the phone with them all the time. It will be Big Brother Plus.

The proposed Act will force ISPs to store and,   release at the  demand  of the state, details  of who has sent what emails and texts to  whom; who has made phone calls to whom and the websites someone has visited, viz:  “Under legislation expected in next month’s Queen’s Speech, internet companies will be instructed to install hardware enabling GCHQ – the Government’s electronic “listening” agency – to examine “on demand” any phone call made, text message and email sent, and website accessed in “real time”, The Sunday Times reported.” (http://www.independent.co.uk/news/uk/ws/expansion-of-gchq-internet-monitoring-proposed-7606489.html). Presumably services such as Skype and instant messaging facilities such as Yahoo’s will be encompassed by the legislation.  It is also all too easy to imagine every other provider of communications such as search engines being brought within the net.

As things stand, the Government’s intention is not to allow access to the details of phone calls, emails and texts to be accessed without a warrant. But even if that is how the Bill put before the Commons  reads  it is not much consolation because  even if the system is operated honestly , it will probably be easy enough to get a warrant in many cases because the information gained without a warrant can often give an appearance of suspicious activity even where there is no criminal behaviour.

Even without a warrant  the state will be able to make considerable breaches in a person’s privacy. Knowing the times people are doing things; identifying the websites people are visiting and the frequency of the visits;  knowing how long phone calls have lasted, seeing who  people are contacting and  the frequency of their contact is information which could provide  plausible grounds for suspicion, or at least a case which is plausible enough to provide an arguable justification for the issue of a warrant.  It will only be guilt by association, but those issuing warrants may  often accept  association as sufficient grounds for the issue of a warrant, for example, if terrorist connections  are suspected the pressure to grant a warrant would be very strong.

Here are a couple of innocent scenarios which could prompt the granting of a warrant:

-          Someone  has a strong interest in Middle East  politics and regularly visits websites which represent the  views of the likes of Hamas or  someone wishes to research al Qaeda questions.  They would probably go to quite a few sites and perhaps go often, at least over a short period.  The police and/or security services suspect that the person is a terrorist.

-          Someone without a criminal past unbeknown to them has a friend with a serious criminal past. The police suspect the criminal is about to become active again and the person without a criminal past a criminal associate.

There would immense opportunities for  the abuse of power.  In the past quarter century Britain has witnessed  ever more authoritarian behaviour by governments of all colours which includes  either going beyond what the law empowers them to do, for example, the restrictions on free movement  during the miners’ strike,  or the passing of laws which are simply incompatible with a democracy (the vast array of anti-terrorist legislation and the  laws introduced to enforce political correctness such as those relating to “hate crimes” and legislation such as the Race Relations (Amendment) Act 2000 (http://www.legislation.gov.uk/ukpga/2000/34/contents).

The consequence of this array of authoritarian legislation is not only to provide governments and the public bodies which derive from them with considerable legal powers over the individual, but to also make politicians and public servants ever more arrogant in their application of laws. At the same time the general public  has developed the type of mentality found in totalitarian states where the individual begins to live in continual fear of ending up in the hands of the police and the justice system or, at best, of losing their employment, if they protest against the growing authoritarianism or breach the ever expanding  limits of political correctness.  This latter worry is no idle fear as there are now weekly examples of those deemed to have placed themselves beyond the pc Pale appearing in the mainstream media.  A drunken student makes some racist comments on twitter and ends up with a 56 day prison sentence while  habitual burglars commonly take at least three convictions to go to prison.   The England centre half John Terry is alleged to have racially abused another player  and is charged with a criminal offence.  A young mother Emma West is not only charged with criminal offences after protesting publicly about the effects of mass immigration,  but is held in “protective custody” at the nearest England has to a women’s category A prison,  despite the fact that she said she did not  require protection.   The consequence of this growing public fear is to feed the natural arrogance of those with power to become ever more reckless in their destruction of the necessary freedoms upon which a democracy rests.

It is against this background that the proposed massive increase in surveillance must be seen.  It is impossible any longer to have faith in any checks and balances put in place to prevent  abuse of  such new laws.  At best those empowered to grant warrants to allow access to the content of emails, texts and possibly phone calls (if these are recorded) will be drawn from the circle of people who are sympathetic generally to those with power.  They will , consciously or subconsciously,  tend to look with favour on request from those with whom they have a class interest. We see this time and again with government instigated inquiries  where a judge or senior public servant is appointed and  the inquiry invariably produces a report which avoids damaging a government or politician still in power. The Hutton Inquiry into Dr David Kelly’s death is a first rate example .  A great deal of  doubt  on the official account of Kelly’s death was cast by evidence given before Hutton , yet he produced conclusions which flew in the face of this evidence and simply repeated  the line wanted by the government,  that Kelly had committed suicide.

There would also be scope outright skullduggery  whereby  the state actively connived at producing information which would justify a warrant. It would not be difficult to hack into a person’s computer  and plant information by visiting compromising  websites, for example, child pornography sites. That would then provide prima facie evidence to apply for a warrant. People other than state actors could also  engage in this type of  behaviour, for example, companies, foreign states and private individuals  who wish to harm someone .

Nor is it only material pointing to potentially criminal behaviour which would be brought into play. There is a good deal of information about legal activities which could be used to either blackmail or disrupt a person’s life by releasing information which compromises them.  Suppose someone has been visiting legal pornographic sites or their phone  contacts suggest an affair is being conducted by someone who is married.  Or it could be something political.  A person may have been contacting political  sites which are  represented as being  beyond the Pale by a political elite –  the BNP in Britain would be a good current example.  Secret membership of such a party  or even showing an interest in such a party, could easily cost  the person their job if it was revealed to their employer.  Where a warrant was  granted  the scope for such harassment by the state would be greatly expanded by the additional information they could access.

Once such a system is established the natural human tendency  to reach for information  which is easily available will be given ever greater play. Just as DNA has become the go to police  investigatory tool regardless of its deficiencies as evidence because of the ease with which it can be planted or contaminated,    so will  the reference to a person’s digital records become  the  first port of call for the security services.

There is also the concern that the information seen and collected by the police, security services and other government agencies  will not be restricted on a need to know basis. Public bodies have a habit of spreading information, legally or illegally.  It is also certain that there will be horrendous data leaks because there always are with unencrypted laptops and memory stick being left or stolen in public places.  As the storage of the data  will be in the hands of private companies rather than public bodies, the chance of  security breaches, whether accidental or deliberate through corrupt practices, is likely to be vast.

Can we stop it?

The Government have met with a good deal of resistance both from within the coalition parties and from outside, with calls to either drop the idea as incompatible with a free society to demands for very strong safeguards such as only a judge being able to grant a warrant.  The dropping of the Bill is unlikely because the leadership of  all three major parties at Westminster have accepted that something along these lines should  be done in the name of national security.  The likelihood is a fudge with enough poison in the Bill to contaminate what is left of  personal freedom in Britain, for example, the substance of the Bill being left intact with a few sops such as a warrant having to be issued by a magistrate rather than being left, as is the case with much covert surveillance, in the hands of senior police officer to sanction it.

Past experience  with legislation such as the Regulation of Investigatory Powers Act (RIPA) shows that whatever the intention of legislators, powers seemingly granted  for extreme circumstances are used  for humdrum purposes. In the case of the RIPA,  councils have freely used surveillance powers  designed to be used against terrorists and other serious criminals. It is as certain as anything can be, that the proposed new powers would be similarly abused  because  laws to be efficient have to be drafted to cover general  circumstances not particular ones. For example, it might be suggested that the new  law should only apply to those suspected of  endangering the security of the country. That would immediately get the lawyers embroiled in a minefield of definition about what constituted such endangerment.   Add  in all other serious crime and the definitional difficulties multiply.

But even if the new powers were restricted to certain areas of crime, that would not be the end of it. There would be pressure from campaign groups, the general public and politicians to expand it to other areas whenever a crime not covered by the legislation took place could plausibly have been prevented if the powers had been available for that particular class of  crime.

The other great general risk is that the system starts off being policed strictly and the restrictions are subsequently relaxed, for example, initially a judge is required to issue a warrant; this is then eroded to a judge or magistrate and finally to a senior police officer.

If the Coalition’s proposals become law they will  bring the surveillance of  British citizens to something dangerously close to that envisaged by Orwell.  Britain is already the most closely watched nation in the world in terms of CCTV cameras per head of population.  Some of these cameras are interactive in the 1984 sense with interaction between watched and watcher possible.  The ever increasing sophistication of digital technology is making any utterance potentially a public matter through its recording and then placing on websites such as YouTube.  The risk of hacking makes all data potentially open to anyone.   If the state takes to itself the power to be able to look at anything a person does there will be precious little way to go before Britain is not merely at the state of surveillance Orwell envisaged but beyond it because everyone will  be potentially under surveillance.

If the intended Act is passed, all that would  left to complete the surveillance jigsaw  for modern Britain would be for something akin to Orwell’s two-way screens to be placed in every person’s home.  That is the position with the  level of present technology. Going further it is probable that in the future machine implants could be made into the human body to monitor our thoughts or our thoughts be captured by some external means such as a form of brain scanning using energy beams to record what we are thinking.  Impossible that we should ever allow such things you say? Well, think of the enormous inroads into our personal freedom we have already tolerated without anything beyond a little grumbling at best.

If we allow this proposal to go through Big Brother will, in a limited sense, already be within our homes , indeed, within our lives generally.  It will potentially allow our private lives to be revealed to the state without restriction. That is what Winston Smith in 1984 suffered.    If we tolerate such an intrusion what argument would we have against the introduction of state surveillance of all our activity,  including what we did in our homes?  There would be none which carried any great force because we would have already permitted surveillance of a large part of what we do privately . If we are to prevent the ever greater embrace of the state about our personal lives we need to prevent this next step, not the one after.

Human beings have a need for privacy. When  you next hear someone moronically parroting “If you have nothing to hide you have nothing to fear”  when the question of increased state surveillance is mooted put this question to them: “My I come and stand outside your house with a video camera and record what you were doing in your home? “ I do not think you would find many takers.  Then gently remind the person that when it comes to authoritarian governments, especially those driven by ideology,  no one can ever be sure what does and does not need to be hidden from the state. What is permissible one day  becomes a crime the next.

Leveson Inquiry – Harriet Harman has her deniability removed

Note: I attended a conference entitled Taking on the Media Barons on Saturday 17 March. Its subject was media abuse including the issues under consideration by the Leveson Inquiry.  Harriet Harman was the first speaker.  In the course of her talk she spoke enthusiastically about the fearless way the Leveson Inquiry was going about its work. The  Q and A session which followed her speech allowed me to allowed me to both put her right about the reality of  what the Inquiry was doing – suppressing evidence and deliberately ignoring questions which begged to be asked  - and run briefly over my own evidence to the Inquiry  during which I helpfully explained that my  evidence arose  the failed  attempt by Tony and Cherie Blair to have me prosecuted on charges of Malicious Communications in the first week of the General Election campaign of 1997.  I then asked her what she and her party would do to publicise the shortcomings of Leveson and got a non-committal reply.

Harman left immediately after the questions and, as luck would have it, I was sitting close to where she had to come to leave the auditorium.  I stopped her and she asked me to send her what evidence I had, which I promised to do. I also got her to depart with a copy in her hot little hand of  Piers Morgan’s letter to the PCC in which he admits to receiving information from the police in circumstances which can only have been  illegal .  The email below details the information I have sent Ms Harman and what I have asked  her   to do.  Robert Henderson 18 3 2012

Harriet Harman MP

Shadow Cabinet Member for Culture, Media and Sport

House of Commons

London

SW1A 0AA

Fax: 0207 219 4877

Email: harmanh@parliament.uk

Tel: 0207 219 4218

18 March 2012

Dear Ms Harman,

As you requested at the Taking on the Media Barons conference yesterday, I send you  details of  the information which Leveson is suppressing to add to the copy of Piers Morgan letter I gave you in which he admits to  receiving information from the police in circumstances which can only be illegal.

To give you a flavour of  the other evidence I have submitted to the Inquiry I enclose below  my submission to the Inquiry.  I also send as attachments the supporting documents referred to in the submission.  They are there simply  for you to use if you want verification of what I claim in the submission.

To avoid swamping you with material at this stage, the only other documents I send are my email to the Inquiry alerting  them to  the possibility of Piers Morgan perjuring himself under oath before the Inquiry and the final email exchanges  between myself and the Inquiry leading up to the their refusal to either call me as a witness or pursue the question of the possibility of Morgan’s perjury.  I am willing to make my full documentation available to you if you wish and answer any questions you may  have, either in person or in writing.

Core Participant status

If anyone was qualified  for the role it is me. I can cover every aspect of the remit of the Inquiry bar phone hacking.  I have given the Inquiry irrefutable evidence of the grossest abuse by the Press in the shape of the Daily Mirror’s  treatment of me; the complete absence of any attempt by the PCC to address my complaint;  the Piers Morgan letter admitting that he had received information from the police in what could only have been illicit circumstances, my MP Frank Dobson’s bald refusal to assist me in gaining redress and, of course, Tony and Cherie Blair’s attempt to have me prosecuted on Malicious Communications charges which as lawyers they must have known were bogus – embarrassingly for the Blairs, the CPS ruled that my letters to them were entirely legal  within hours of receiving the papers from the police.  I would add that the Blairs did not go to the police when I sent the letters but only later when I circulated to the media  copies of the letters with the non-replies I had received at the beginning of the 1997 General Election campaign.

The consequences of the Blairs’ sinister attempt to have me prosecuted and the Mirror article were a decade of harassment – the harassment only ended when Blair left office – which included death threats and an Internet campaign inciting violence against me by publishing  my address and phone number with false claims such as  I was a paedophile.  The Mirror article itself was effectively also an incitement to attack me because it was a  grotesquely libellous story about me which falsely labelled me as a crude and dangerous racist, a story which  included my photograph  and the area in which I lived.   When I reported threats against me to the police they did nothing meaningful. They would register my complaints but do little actual investigating. It is worth noting that although the CPS ruled that there was no crime committed by me and I had never attempted to approach the Blairs physically or threatened to do so,  Special Branch were set to spy on me – see  the Mirror story.

Despite those impressive qualifications I was refused not only Core Participant status but even the status of an ordinary witness. When I made an application for  Core Participant status I was asked to make a detailed submission  about why I thought I qualified for the role. This I did.  At the directions hearing to decide whether I would be a Core Participant, the first thing Lord Leveson said was “I have not read the submissions and shall not be doing so.” He then gave me just  five minutes  to make oral submission.  It was simply impossible for me to cover all the arguments made in my submission in that time.  After the oral submission was  made, all the application was curtly dismissed with next to no reason given. The supposed impartial hearing was a joke in very bad taste.

The general conduct of the Inquiry

Apart from the evidence which I have submitted,  there is also the general manner in which the Inquiry is proceeding which point to the true intent of the Inquiry. Although there is a good deal of scandalous evidence being heard, it is noteworthy that no new evidence of criminal behaviour has been uncovered to date. The revelations of such behaviour  have either come from police witness or have been from journalists who have admitted they knew of misbehaviour  but have refused to name names or have failed to  give any names. When this happens they have  not been pressed to give names.  A prime example of the latter behaviour is the evidence of the Mirror’s one-time chief crime reporter Jeff Edwards who claimed that he had been directly instructed by his superior to bribe police officers, viz:  “You’re not invoicing me for money to be splashed about.  You should be essentially bribing more police officers.” (pp 105/6 http://www.levesoninquiry.org.uk/wp-content/uploads/2012/03/Transcript-of-Morning-Hearing-14-March-2012.txt)  Strangely, you may think, Edwards was  not  asked to name the person who told him to bribe the police.  Edwards, incidentally, is the  person who wrote the  Mirror story about me to which Morgan refers in his letter to the PCC.   That must mean he   was the recipient of the information about me from the police and consequently he is at least guilty of breaching the Official Secrets and Data Protection Acts.

There are other oddities about the taking of evidence.  When it comes to the question of the police  illegally supplying the Press with information, counsel to the Inquiry are  behaving in an  astonishingly naïve manner. Instead of building up to the question of whether the Press witness knows of bribes being paid to the  police for information by establishing the social relations between the witness and the police, counsel are simply plunging in with a bald “Have you  ever paid the police for information?”   A witness tempted to lie under oath will weigh up the chances of being found out and probably come to the conclusion that to deny paying the police  would  be a pretty safe lie to tell because probably only the police officer and themselves will know for sure whether a payment was made. On the other hand, if  they had to face a question such as “Have you ever illegally received information from the police ?” the witness might well find that a much riskier lie because more people would know about it.

It is telling that the question “Have you ever illegally received information from the police ?” has not been put to any witness.  There is every reason to put the question  because, even if no bribe has been given,  the police officer and the journalist will have committed offences under the Official Secrets Act and almost certainly the Data Protection Act.  The police officer could also be prosecuted for misconduct in a public office.  It is difficult to believe a barrister of Robert Jay’s experience does not realise that the questioning on this point is embarrassingly incompetent.  If that is correct, why is he persistently letting the fish off the hook?

As things stand it is simple for evidence to the Inquiry  to be suppressed. Your belief that Leveson will publish all the evidence submitted to him is mistaken. He is free to  publish only what he chooses to publish.  Indeed,  because the Inquiry is taking evidence under oath and in other aspects has the aspect of a formal legal process not dissimilar to court proceedings, it could be argued with some force that as a  matter of principle nothing which has not been introduced formally into evidence during the Inquiry  should be included in the Lord Leveson’s report.

The other issue I would ask you to keep in mind is the possibility that the conclusions of Lord Leveson’s  report will not reflect the evidence  given to the Inquiry. A prime example of this happening  after a public inquiry is the Hutton Report on the death of David Kelly which unambiguously supported the government’s contention that Kelly had committed suicide despite the considerable forensic and circumstantial  evidence that was uncovered during the Inquiry which suggested otherwise.

All the evidence to date  points to the Inquiry’s real purpose being to restrict  serious damage to News International. Other national newspapers are simply not being brought into the frame fro criminal behaviour.  I have no time for Murdoch, but  it is impossible clean out these modern  Augean Stables  by attending to only part of the stinking refuse.  To believe that criminal  press misbehaviour does not extend to other mainstream titles is either terminally naïve or disingenuous. Nor should there be an obsession with phone hacking. Highly objectionable as that is,   corrupt relationships between the police and the press are far more important because they affect the population generally because they corrupt law enforcement and the administration of justice.  Ditto collusive relationships between politicians and the media which both undermine democratic accountability and the Press’ claim to be a  public watchdog barking when corrupt or otherwise immoral practices exist. As for the  effects of libellous Press stories, these  can be catastrophically damaging to victims.

What do I want you to do?  (1) Expose Leveson’s censorship of evidence using the example of my evidence. (2) Ask why I was neither granted Core Participant status or called as a witness. (3) Question why the Piers Morgan letter to the PCC was not acted upon. (4) Call for Piers Morgan to be  investigated by the police on the basis of his admission and for a general investigation of the Mirror for corrupt relationships between the police and paper.  (5) Ask why the questioning  about the supply of illegal information to the police is so inept.  (6) Question the useful purpose of the Inquiry when it has shown itself to be so willing to suppress evidence and to ignore questions which could lead to criminal prosecutions.  (7) Call for papers other than the Murdoch press and the Mirror to have the spotlight shone on their misbehaviour.

I am going to start from  the assumption that you sincerely want to clean up the mess which politicians, the police and the Press have wrought.  However,   whatever you intend you need to do it in the context that I have removed the possibility of deniability  from you. You have  this email,  the  attached documentation  and  my comments – before an audience of over 100 -  during the question and answer session at the Taking on the Media Barons conference to inform you of what Leveson is really up to.  You are consequently no longer in a position to say you didn’t know.

Yours sincerely,

Robert Henderson

——————————————

Leveson Inquiry

Royal Courts of Justice

Strand

London WC1

25 November 2011

Dear Lord Leveson,

I submit examples of misbehaviour  by  the media and  the  PCC plus collusion between the police and the media .   In every case I was the person who was directly affected by the behaviour.   For each case I enclose  documents which strongly support my accusation.

I wish to give testimony in person before your inquiry.

The  examples  of misbehaviour are:

1. The illicit receipt of information supplied by the police to the Daily Mirror

On 15 March 1997 the Daily Mirror ran a hideously  libellous story about me  which contained numerous serious  inaccuracies. I made a complaint to the PCC. As part of their investigation the PCC sent me a copy of a letter sent to them by the then Mirror editor Piers Morgan.

In it he admits receiving information from the police , viz.: “ The   police  source of our article (whose  identity  we have  a  moral obligation to protect) gave  us  the  detail of the  letters  that  we  then published.” This can only have been illegal because  there would be no need to protect the police source  if the information had been given legitimately.

A copy of Morgan’s letter is in the attached Word file PCC Piers  Morgan letter.docx . I have also placed a second copy beneath it with my remarks  on Morgan’s comments  interpolated within his text -  see the  square bracket contained  text marked RH.  A hard copy of Morgan’s letter will be sent to you.

2. The failure of Scotland Yard to meaningfully investigate the supply of illicit information to the Mirror

I referred Morgan’s letter to Kentish Town police  with a request that they investigate  the selling of information to the Mirror. A copy of the letter is contained within the Word file Mirror Police source complaint.docx  The case was referred to Scotland Yard. There it was supposedly investigated by Det Supt Ian Curtis. In fact, no meaningful investigation was undertaken because Curtis admitted to me in a telephone conversation that no one at the Mirror was interviewed, not Morgan, not the author of the piece  Jeff Edwards, the Mirror’s chief crime reporter.

3.  The failure of the PCC

I made complaints to the PCC about the Mirror’s libel of me and their refusal to either make a retraction or allow me any opportunity to reply.   The PCC refused to come to a determination citing article   53.5 of the PCC’s  MEMORANDUM OF ASSOCIATION which states  “The Commission shall not consider a complaint which it believes to be frivolous or which it believes to be inappropriate to entertain or proceed with for any other reason”.  In other words, they can get rid of any complaint simply by saying they do not like it.

Mike Jempson, the director of what was then Presswise (now Mediawise] a charity set up to help victims of the press, sent them several   stinging letters  about their refusal .

Copies of the correspondence between Mike Jempson and the PCC  are contained in the attached Word file PCC Mike Jempson.docx.  Hard copies of the letters will be sent to you.

4 The Mirror’s Behaviour

Copies of the Mirror story and that of its sister paper  the Daily Herald are contained within the attached Word file  Daily Mirror and Daily Record stories.docx. Hard copies of the stories  will be sent to you.

Both stories had a series of  grotesque libels of me.  As you will see from Morgan’s letter to the PCC,   the Mirror admit they do not have letters from me to the Blairs.   Hence, they had no ground whatsoever for believing the libels to be true.

My unpublished response to the Mirror story “Moral Simpletons target innocent man” was written soon after the story’s publication and covers in depth the libels and inaccuracies contained within the story.  A copy is contained within Word file Moral Simpletons.docx.

Mike Jempson saw my letters to the Blairs  and concluded that although robust there was absolutely nothing to support the Mirror’s description of me as a crude, foulmouthed and dangerous racist . In addition, the Conservative MP  Sir Richard Body had sight of the letters and afterwards put down this Early Day Motion in the Commons, viz.:

10 November 1999

CONDUCT OF THE RIGHT HONOURABLE MEMBER FOR SEDGEFIELD 10:11:99

Sir Richard Body

That this House regrets that the Right honourable Member for Sedgefield [Tony Blair] attempted to persuade the Metropolitan Police to bring criminal charges against Robert Henderson, concerning the Right honourable Member’s complaints to the police of an offence against the person, malicious letters and racial insult arising from letters Robert Henderson had written to the Right honourable Member complaining about various instances of publicly-reported racism involving the Labour Party; and that, after the Crown Prosecution Service rejected the complaints of the Right honourable Member and the Right honourable Member failed to take any civil action against Robert Henderson, Special Branch were employed to spy upon Robert Henderson, notwithstanding that Robert Henderson had been officially cleared of any illegal action.

This motion is now part of the official House of Commons record – see  http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=16305&SESSION=702

The effect of the Mirror story

I was unable to gain any redress from the Mirror, the PCC or the  police.   Following the publication of the Mirror story I became the subject to harassment which included people posting my name, address and phone number on social websites  and inciting people to attack me.

This was on top of the unrequited media abuse I received after the publication of my  article in Wisden Cricket Monthly  “Is it in the blood?” in  July 1995. This  resulted in dozens of stories in the press totalling thousands of words to which I was denied any reply whatsoever, including by WCM who failed in the first obligation of as publisher to defend that which they publish.

In short, I was both grotesquely abused by the press and failed by every  body which supposedly exists to give redress for press misbehaviour.

Please acknowledge receipt of this email.

Yours sincerely,

Robert Henderson

————————————————————————-

Your email has been receivedSunday, 18 March, 2012 20:43

From: “HARMAN, Harriet”Add sender to ContactsTo: “robert henderson”

Thank you for emailing Harriet Harman, Member of Parliament for Camberwell and Peckham.

The corrective medicine for media abuse is a statutory right to reply

Robert Henderson

Paul Dacre, the editor of Britain’s largest selling newspaper the Daily Mail, appeared before the Leveson Inquiry into press abuse on 7 February 2012.  He made the  astonishing  proposal that in everything but name journalists should be licensed. Here is the thrust of what he said from the transcript of his evidence (pp 28/29 http://www.levesoninquiry.org.uk/wp-content/uploads/2012/02/Transcript-of-Afternoon-Hearing-6-February-20121.pdf)

“As you’ve said, there have been several calls to  your Inquiry for the licensing of journalists. It is clearly unacceptable. However, I do believe there’s an opportunity to build on existing haphazard press card system — there are 17 bodies at the moment providing these cards — by transforming it into an essential kite  mark for ethical and proper journalism. The key would be to make the cards available only — only – to  members of print news-gathering organisations or magazines who have signed up to the new body and its code.

“The public at large would know the journalists carrying such cards are bona fide operators, committed to a set of standards and a body to whom complaints can be made. Reporters and photographers would use the cards as proof that they are responsible journalists.

“There would, however, be universal agreement that briefings and press conferences by government bodies, local authorities and the police, access to sporting, royal and celebrity events, material from the BBC and ITV, and information from medical and scientific bodies would only, only be given to accredited journalists. It  would, after all, be in the interests of those bodies to agree to this, as many of their members make complaints to the PCC. Indeed, such bodies would have — or shouldn’t have access to the new regulator if they dealt with a non-accredited journalist.

“It is my considered view that no publisher could survive if its reporters and writers were barred from such vital areas of journalistic interest. It would be part of the civil contract, if you like, that the ombudsman figure would have the right to recommend that accredited journalists guilty of gross malfeasance have their press cards cancelled, as the GMC strikes off doctors.”

What Dacre is proposing is a quasi-judicial body which is run by the press which can restrict the right to be a professional journalist in much the same way that the showbiz union Equity try  to control entry into the entertainment business by restricting employment to Equity members. Dacre was unclear about  how the ombudsman for the press was to be appointed, although he did not rule out some form of government involvement:

“Q.(Jay Counsel to the Inquiry)  You say it would require the universal agreement of a number of bodies, including governments, don’t you?

 A. (Dacre)  Mm-hm.

 Q. (Jay) So the industry does it, but government would have to agree to it; is that right?

A. (Dacre) I think it would be in the governing — for press  briefings of ministries and lobby arrangements, I mean, why shouldn’t they subscribe to that? If journalists abuse those systems, then they should have right of  redress against those journalists.” (http://www.levesoninquiry.org.uk/wp-content/uploads/2012/02/Transcript-of-Afternoon-Hearing-6-February-20121.pdf – P31)

There are two dangers. One is that government could be directly  involved with the potential to be the dominant player in who was given a press card or who had one withdrawn. Because the new regulatory body could be represented to the public as being self-regulation, government could have its regulatory cake and eat it: control the regulation  while not being thought by the public to do so.

The other obnoxious outcome would be this:  such a system  would allow the mainstream media to both control rigidly who was employed by them and hold the threat of the withdrawal of the press card  over the heads of anyone who did not toe the corporate line.

Whether it was the government or the mainstream media itself wielding the power, anyone with views which were at odds with the prevailing elite ideology could find themselves excluded if they are judged to have “wrong” political opinions. It is worth adding that there is a great deal of collusion between the media and politicians already, with many riding the two horses at different times and some, like the Mayor of London Boris Johnson, riding both at the same time.

Dacre argued that his proposed system would not be licensing  because people without press cards could still write and broadcast. Those are weasel words because to be excluded from the mainstream media is effectively to be silenced in the overwhelming majority of cases.

Anyone who believes in the freedom of the press should understand that we want no regulatory body including the PCC, let alone one which licenses journalists. The remedy for media abuse is  a  statutory right of reply (RoR). This is the  thing of journalistic nightmares. That tells you it is the best remedy for those who cannot afford to sue for libel. But the media is looking a gift horse in the mouth for a RoR would provide the strongest guard against any government desire to formally regulate newspapers and to further interfere with broadcasters, because an effective cheap means of rapid redress available to everyone, including politicians incidentally, capsizes the prime argument for state regulation. A RoR is the perfect non-political remedy for media abuse because it is a self-sustaining and self-regulating mechanism.

Costs could easily be kept low. First, by making libel the only reason for refusing a RoR and then only for that part of a proposed reply which was libellous. Second, by empowering Small Claims Courts to decide whether a claimed libel exists and, if the court does not agree that it does, to order the newspaper or broadcaster to publish the disputed reply. There should be no higher court appeal against the Small Claims Court’s decision unless the appellant pays both sides’ costs. This would allow justice while preventing those seeking a RoR from being intimidated out of their right by the threat of heavy costs.

How would it work?

The qualification for a RoR would be simple and objective: a media outlet has printed or broadcast material about an individual.

In the case of newspapers I would give a respondent 300 words as an automatic right and another 500 words for every 1000 words published about him or her over 1500 words. The respondent’s reply should be printed on the same page as the story to which they are responding. If the newspaper responds to a reply then the person responded to would get another RoR.

Broadcasting is more problematic but a written reply by the person criticised could be read out on air. Where the person has the confidence to speak for themselves, they should be allowed to broadcast their reply.

Practical fears

The media will say that this is completely impractical, that their papers and broadcasts would be full of nothing but replies. In fact, the general experience of the introduction of new opportunities offered to the public is that there is an initial burst of activity which soon settles down to a hard core of those willing to make the effort. If the introduction of a right to reply proved the sociological odd man out and the media was overwhelmed, the system could be reviewed.

A narrow RoR would be worthless. A RoR should not be limited to inaccuracy. There is often no easy way of proving the truth or otherwise of ostensible “facts”. If a RoR was restricted to inaccuracy, the media would assuredly undermine it by arguing interminably.

Then there is opinion. This is often more damaging than inaccuracy. Moreover, there is no clear distinction between fact and opinion. Suppose I write of an actress that “she is a whore”that is a statement of fact which, in principle, can be tested objectively. But what if I write “she has the morals of a whore”? Is that fact or opinion?

The present non-legal remedies

These are both cumbersome and unfair. For example, the Press Complaints Commission (PCC) is comprised entirely of people drawn from the media or from those associated in some way with the media, and the organisation is funded by the press. Unsurprisingly, a non-celebrity complainant to the PCC rarely succeeds.

But this misses a larger point. No matter how formally honest any media regulating body was, it could no more serve the public generally than the legal profession can serve the general public in actions for libel where there is no legal aid.

The numbers of complaints actually considered formally by the PCC and the broadcasting authorities is minute, running into a few hundred a year — most complaints never get a full hearing or investigation. If the public began to use these bodies enthusiastically they would be overwhelmed.

The effect on the media

Faced with an immediate published response to any inaccuracy or abusive opinion and the possibility of having to submit themselves to public examination in a small claims court, journalists and broadcasters would cease to be cavalier about what they write.

The present relationship between the media and anyone they choose to criticise is analogous to someone who binds a man then punches him. It is not a contest but an act of  profound cowardice.

Leveson Inquiry: Robert Henderson’s application for core participant status

The Leveson Inquiry- Note on the Directions Hearing 25 1 2012 in Court 73 of the Royal Courts of Justice

Robert Henderson

I attended a directions hearing  for the decision on whether I would be designated  a Core Participant.  I shall not be Core Participant (unless I can somehow persuade Lord Leveson  otherwise), but I could be a witness.

Regardless of whether or not I end up as a witness, the hearing was far from being a waste of time.   I was able to put my case  before a sizeable number of people (probably 50), including  lawyers  representing various people  who have been mistreated by the media, other applicants for core participant status and members of the public, some of whom were  mediafolk.  In addition, the negligent  and superficial way the applications for core participant status were treated showed the Inquiry in a bad light.

Leveson began the proceedings by blithely announcing that he had not read any of the submissions  for core participant status.  Consequently, he made his decisions purely on the oral testimony given at the hearing by the applicants for core participant status.   This was not only odd in itself,  but became doubly so when placed in the context of the advice given to Core Participant applicants before the directions hearing:

“Dear Sir
You have made an application for Core Participant status for module 2. The Chairman will consider your application at the directions hearing which is listed for 2pm on Wednesday 25th January.  It is not necessary for you to attend the hearing, but you may do so if you wish.  If you do propose to attend, please let me know by 2pm on Tuesday 24th January.
Regards
Sharron “

If an applicant had chosen not to appear, it is probable their application would have been dismissed without their submission being considered.

Leveson  further hamstrung  the applicants by saying that he would not get into the detail of individual cases. I did manage to overcome this restriction  but as a method of proceeding it was absurd for an inquiry into press misbehaviour. The final shackle he  put around the applicants was the  danger of  jeopardising   legal action outside of the Inquiry.  Although there was no question of sub judice  because no charges had been brought, I decided not to name  the ex-editor who had committed perjury before the Inquiry by denying any knowledge of receiving information illicitly from the police.  I did this because  I wish Leveson to refer  to the police the perjury, the receipt of information illicitly from the police and the failure of the police to investigate meaningfully the receipt of information illicitly given by a police officer and illicitly received by the ex-editor and his staff.   If I submit the complaints the likelihood is that the police will repeat their behaviour and refuse to investigate meaningfully or at all.  Nonetheless, if I do not get a positive indication from Leveson I shall submit the complaints.

Despite all these seeming grave handicaps to free expression I managed to get a good deal of embarrassing material  into my testimony.  This included the Blairs’ attempt to have me prosecuted in 1997 (that produced a real murmur); the Mirror’s libelling of me and failure to offer me any right of reply and  the PCC’s abject failure to deal with my complaints honestly .  I also, without giving names,  described the perjury of the ex-editor, his admission of having received information illicitly from the police and the police’s refusal to meaningfully investigate the ex-editor’s admission that he had received information illicitly from  the police.  I emphasised that the Inquiry had been in possession of all these facts for more than a month and that if I was not to be a core participant I certainly wished to be a witness.

All that ensured that there are now substantial numbers of people who know that the Leveson Inquiry  has facts which by definition must fall within  the ambit of the Inquiry. Leveson himself acknowledged that  the receiving of illicit information from the police was  indisputably pertinent.

After the hearing  I discussed my situation with the Chief Solicitor to the Inquiry Miss Kim Brudenell.  I got her to agree to a number of actions.  These are:

1. to ensure that my submissions are brought to the notice of Lord Leveson.

2.  to advise me if a formal witness statement  is required after you have reviewed what I have already submitted.

3. to advise me  when and  how  the evidence I have of  the ex-editor receiving  information illicitly and his subsequent perjury before the Inquiry should be  reported to the Metropolitan Police.  I am  willing to make the complaint myself, but  I think it would be most appropriate for the this to be done  under the auspices of the Inquiry, not least because the perjury was committed at the Inquiry. (I wrote to the Inquiry on 22 December advising Lord Leveson of the perjury).

4.  to  advise me when and  how the failure of the Metropolitan Police to meaningfully investigate my complaint to them that the ex-editor had admitted receiving information illicitly from the police – the investigating officer told me that no one at the paper  had been interviewed – should be reported to the Metropolitan Police as a complaint of a perversion of the course of justice.

Leveson Inquiry – the response to Robert Henderson’s application to be a Core Participant

Leveson Inquiry

Royal Courts of Justice

Strand

London WC1

22 12  2011

Dear Lord Leveson,

Piers Morgan indubitably lied to the Inquiry (20 December) when he claimed that he had never illicitly received information from the police.   On 25 November I submitted a series of complaints backed by documentation to the Inquiry.  These were definitely received by the Inquiry  because an acknowledgement was sent to me.

My submission included a letter from Piers Morgan to the PCC in which he admitted that the Mirror had received information from the police illicitly. I include  a copy of that letter below with the relevant passage highlighted.  As Morgan refers to it in his letter to the PCC, I also send you a copy of the article I wrote in response to the Mirror which Morgan refused to publish.

Because Morgan gave his evidence to the Inquiry under oath,  he added perjury to his original criminal offence of illicitly receiving information from the Metropolitan Police.  I ask you to take action against Morgan for this perjury and to recall him for questioning about his receipt of illicit information from the Metropolitan Police,  both in terms of that he admitted to in the letter to the PCC  and the extent  of the practice generally during his editorship of the News of the World and the Daily Mirror.

In my submission I asked to give evidence in person.  You have failed to answer that request to date.   However, I see from  the Inquiry website that you are seeking, amongst others things, the following for module 2 of  the Inquiry:

“The Inquiry would be interested in the experiences of the victims of crime and the public more generally, who feel that they have been adversely affected (perhaps through a data leak or breach, or through the reporting of a case) by the current relationship between the press and the police, with examples where possible. The Inquiry would also be interested to receive submissions in relation to this issue on whether it is felt that the current investigation and complaint regime are adequate to properly address instances of this type”. http://www.levesoninquiry.org.uk/wp-content/uploads/2011/12/Key-Questions-Module-2.pdf

The evidence which I have already  given the Inquiry  relating to Piers Morgan and the subsequent failure of  Scotland Yard to meaningfully investigate the crime – the officer responsible Det Supt Jeff Cutis admitted to me that the “investigation”  had been closed without  anyone at the Mirror being questioned – indubitably falls into this category  of information.  This case has the great advantage for you of having objective and categoric proof of both the Mirror’s receipt of illicit information from the Metropolitan Police and the failure of the Metropolitan Police to meaningfully investigate my complaint about the illicit disclosure of information.  The full details of these events  were supplied in my submission of 25 November.

You are asking for applications for Core Participant status for Module 2 of the Inquiry to be made by 13 January.  Please treat this email and my original submission of 25 November as an application for Core Participant Status.

Please acknowledge receipt of this email by return.

Yours sincerely,

Robert Henderson

————————————

RE: Morgan committed perjury at the Inquiry/Application for Core Participent statusWednesday, 4 January, 2012 17:12

From: “Leveson Inquiry Solicitors Team”Add sender to ContactsTo: “‘robert henderson’”, “Leveson Inquiry Solicitors Team”

Dear Mr Henderson

Your e-mail of 22 December requesting Core Participant Status has been passed to the Legal Team.  As you may be aware Rule 5 of the Inquiries Rules 2006 deals with Core Participants in these terms:

‘(1) The chairman may designate a person as a core participant at any time during the course of the inquiry, provided that person consents to being so designated.

(2) In deciding whether to designate a person as a core participant, the chairman must in particular consider whether—

(a) the person played, or may have played, a direct and significant role in relation to the matters to which the inquiry relates;

(b) the person has a significant interest in an important aspect of the matters to which the inquiry relates; or

(c) the person may be subject to explicit or significant criticism during the inquiry proceedings or in the report, or in any interim report.

(3) A person ceases to be a core participant on —

(a) the date specified by the chairman in writing; or

(b) the end of the inquiry.’

As you will see, Core Participants are those considered to be those closest to the issues being considered by the Inquiry with the consequence that a Core Participant will have a more active role in the Inquiry than a participant who is only a witness. They are usually (although not invariably) represented and the legal representatives provide the point of contact with the Inquiry.

Before your application is placed before the Chairman, I would be grateful if your would confirm in writing how, considering the matters set out above, you consider you fall within the definition of a Core Participant for Module 2.  Please let me have your confirmation by 13th January.

For the avoidance of doubt, you can in any event, submit evidence to the Inquiry and you do not need to be a Core Participant to do so.  The inquiry will consider the evidence you provide although this does not necessarily mean that you will be called to give evidence.

Kind regards

Sharron Hiles

Senior Assistant Solicitor to the Inquiry

————————————

Sharron Hiles

Senior Assistant Solicitor to the Inquiry

Leveson Inquiry

Royal Courts of Justice

Strand

London WC1

9 January 2012

Dear Ms Hiles,

Thank you for your email of 4 January. I indubitably fall within the definition of a Core Participant for Module 2. This is because:

1. I provide irrefutable proof of Piers Morgan’s   receipt of  information illicitly from the police when editor of the Mirror – the Piers Morgan  letter to the PCC which  I have already released to the Inquiry

2. The proof of  Morgan’s  receipt of information illicitly demonstrates that Morgan committed perjury when he appeared before the Inquiry.  Morgan’s response to questions about receiving information illicitly from the police begins at line 20 of page 86 of the Inquiry  transcript. It runs

.            20   Q.  Okay.  Can I ask you, please, about paying police

21       officers.  Is that something which happened at the

22       Daily Mirror whilst you were editor?

23   A.  I have no reason to believe so, no.

24   Q.  Are you saying by that that it was not brought to your

25       attention?

Page     87

1   A.  I’ve never been made aware of any evidence for that at

2       all.

3.   I am directly involved because the  information Morgan received illicitly concerned me.

4. I have provided evidence to the Inquiry  that the journalist who  received the information from the police initially was Jeff Edwards,  chief crime correspondent of the Mirror and Chairman of the Crime Reporters’ Association.  How do I know it was him? Edwards  wrote the Mirror story about me which led to me to my  complaint to the PCC which in turn prompted Morgan’s letter to the PCC in which he admits receiving information illicitly from the police. I supplied by email a copy of the Mirror story with my original submission to the Inquiry of 25 November  2011  and a paper copy was sent on 28 November 2011.

5. I have provided evidence to the Inquiry of  police corruption in the investigation of  my complaint to the police that Morgan, Edwards and the Mirror received information from illicitly the police .  D-Supt Jeff  Curtis  of Scotland Yard supposedly investigated my complaint  but failed to interview Morgan, Edwards or anyone else at the Mirror. Ergo, no meaningful investigation was carried out despite the police having Morgan’s letter in which he admitted receiving information illicitly from the police.

All of these matters fall categorically within the Core 2 remit.  I can also, if required, testify to every matter  covered by the Inquiry bar the phone-hacking.   I have been the subject of vast media abuse, the PCC have utterly failed me and the police have refused to investigate meaningfully  or at all other complaints of criminal behaviour  I have made about the Mirror. These matters are covered in detail in my original submission of 25 November 2011.

I must be just about the best witness you could have.   I have fundamentally  important evidence to give,  I can  prove what a say beyond any doubt  and have direct and personal experience of most of the media abuses the Inquiry is addressing. As a bonus, if I am called you will not run into the problems you have encountered with other witnesses where they have claimed they cannot answer questions because they might   incriminate themselves or reveal a source.

Your email worries me somewhat because it suggests that you may not have my original submission of 25 November. Therefore, I have re-sent this  to you by separate email.

Please acknowledge receipt of this email by return and confirm that you have my original submission of 25 November.

Yours sincerely,

Robert Henderson

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RE: Morgan committed perjury at the Inquiry/Application for Core Participent statusMonday, 9 January, 2012 11:48

From: “Leveson Inquiry Solicitors Team”Add sender to ContactsTo: “‘robert henderson’”, “Leveson Inquiry Solicitors Team”

Dear Mr Henderson

Thank you for your e-mail and your further e-mails.   Your application will be considered by the Chairman in due course with the other applications for Core Participant Status.

Kind regards

Sharron Hiles

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