Tag Archives: censorship

Piers Morgan’s illegal receipt of information from the police, his perjury and Operation Elveden part III

ELVEDENFriday, 22 March, 2013 10:51

From: “Paulette.Rooke@met.pnn.police.uk” <paulette.rooke@met.pnn.police.uk>Add sender to ContactsTo: anywhere156@yahoo.co.uk

Mr Henderson

I have been asked by my Inspector to ascertain if you have any new evidence with regard to your allegations against those mentioned in your correspondence.

Yours sincerely

Paulette Rooke

ADS PAULETTE ROOKE

JUBILEE HOUSE PUTNEY, 230-232 PUTNEY BRIDGE RD, London SW15 2PD

Internal  58526  External  020 8785 8526

————————————————————————————————————–

To

DC Paulette Rooke

Operation Eleveden

Metropolitan Police

New Scotland Yard

8/10 The Broadway

London  SW1H OBG

CC

John Whittingdale MP

George Eustice MP

John Whittingdale MP

George Eustice MP

Gerald Howarth MP

Keir Starmer (DPP)

mark.lewis@thlaw.co.uk

24 March  2013

Dear DC Rooke,

You ask in your email of 22 March whether I have any new information relating to the accusations I have made.  The short answer is no. However, having listened  again to the tape recording I made of my interview with Det Supt Jeff Curtis I shall be sending you a copy of that for the reasons given below in paragraph 4.

Happily  you do not need any further information to begin investigations into Piers  Morgan, Jeff Edwards and Det Supt Jeff Curtis. In fact, I think any disinterested third party would be rather surprised that the investigations  have not  already begun, bearing in mind that you have a letter sent to Morgan to the PCC in which he admitted that the Mirror had received information from a police officer in circumstances which can only have been illegal.

The reason the crimes  (apart from the accusations of perjury before Leveson) were not meaningfully investigated when I made my original complaints is beautifully  simple: corrupt practice by the police prompted either by the Blairs’ involvement in the story and/or a known or suspected corrupt relationship between Metropolitan Police officers and the Mirror (and other press and broadcasters).

The corrupt nature of the way my complaints were handled is exemplified  by Jeff Curtis’ failure to interview anyone at the Mirror even though he had the letter from Piers Morgan to the PCC.   Curtis told me this in a phone call and you can verify that this is the truth by looking at the original case notes. The tape recording of my meeting with Jeff Curtis is important because in it he says he will  be going to the Mirror, says the case revolves around Morgan’s admission and says it is a straightforward case.  The recording was made with Curtis’  knowledge and agreement.  The fact that he knew he was being recorded is significant because it removed the possibility from his mind of saying something to me thinking he could deny it later. Clearly something  irregular  happened between him leaving me and starting the investigation. It is reasonable to suspect he was leant on by someone even more senior not to investigate the Mirror.  That the police never interviewed anyone at the Mirror also means that the Mirror accounts and the journalistic records kept by Edwards  and Morgan (and perhaps others) were never scrutinised for evidence of payments to the police.  All in all, this is   a very obvious perversion of the course of justice.

The events to which the these crimes relate are 15 years old,   but that is irrelevant to whether they should be investigated now, both because of the serious nature  of the crimes and the fact that those I allege against Morgan and Edwards  were not investigated meaningfully when they were first reported. Nor is there any problem with a lack of compelling  evidence  because of the time which has elapsed. In the case of Morgan and Edwards you have  Morgan’s letter to the PCC and the Mirror story, while  Curtis’ perversion of the course of justice speaks for itself. Moreover, although it is 15 years since the events, the age of fully computerised accounts had arrived  before 1997 and   it is probable that a copy of the Mirror accounts  for the period is still held in digital form. The same could  apply to journalistic records held by Morgan and Edwards or other Mirror employees or freelances.  I know from my use of the  Data Protection Act soon after the Mirror published the story that the paper was holding information about me  which they refused to release under the journalistic purposes provision of the DPA. They may well be still holding it.

As for the perjury accusations against Morgan and Edwards, these are very recent complaints about crimes recently committed which have never been previously investigated.   You have the information you need to investigate the perjury because I have supplied you with the Morgan letter to the PCC, the Mirror story about me and the transcripts of the relevant passages in the evidence given by Morgan and Edwards before Leveson.

Apart from the killer fact of Curtis’ failure  to interview anyone at the Mirror and a consequent failure to investigate the Mirror’s records, the circumstances of that failed investigation and of other complaints I made at the same time provide very  strong circumstantial evidence that my original complaints against Morgan and Edwards were not  treated  normally.  For example, why was a Det Supt from Scotland Yard  investigating crimes  which would normally be investigated by a Det Sergeant or just possibly a Det Inspector?  To that you can add the array of senior police officers  (the details of which I  sent to you in my email of 29th January) who became involved in my various complaints at one time or another,  despite the crimes being of a nature which would normally have been investigated by  policemen of lesser rank.   The only reasonable explanation for their involvement is the political circumstances surrounding my complaints.

There are two scenarios which fit the receipt of information by the Mirror from the police.  The first is straightforward: a police officer, possibly of senior rank because of the Blairs’ involvement, has sold the information to the Mirror for mere personal gain.

The second scenario is more complex. It involves  a senior police officer engaging in a conspiracy with Tony and Cherry Blair  assisted by Alastair Campbell to feed misinformation to the Mirror.   This is more than a little plausible because the Mirror story was a farrago of grotesque  lies such as the claim that I had bombarded the Blairs with letters  or that the letters were “full of graphic racist filth”. There was also  a completely fabricated  quote “if he gets elected he’ll let in all the blacks and Asians”.  Ask yourself why the Mirror would have printed such things if they had read my letters after   they were given them by a police officer simply out to make money with no political axe to grind. It would not make sense. If, on the other hand, this was all part of a conspiracy between the Blairs, a senior police officer and Alastair Campbell  it would make perfect sense,  because then it transmutes from a political story  into an exercise in political propaganda to nullify me by smearing.  The story would then be whatever they wanted it to be with the content of the letters an irrelevance.

It is noteworthy that Morgan in his  letter to the PCC admits that the Mirror did not have copies of my letters and that he had not seen them.  That could mean one of four things: the Mirror did not have copies, the Mirror had copies but did not wish to admit it because they knew the letters would not substantiate their printed story about me, Edwards had seen the letters but  realised they were innocuous and not the basis for a smear story  or  no one at the Mirror had ever seen my  letters but had written their story simply from false information given to them by the police informant. The last possibility fits in most neatly with the conspiracy theory.

Why would the Blairs wish to engage in such a conspiracy?  The most plausible answer lies in the fact that they did not go to the police when I wrote to them, but only later after I had sent copies of my letters to the Blairs and the non-replies I was receiving from their offices to every mainstream media outlet at the beginning of the 1997 General Election campaign.  That can only mean the Blairs  wanted to  silence me during the election campaign.   Why? Only they can tell you that for sure. What is certain is that the Blairs  must have been very seriously worried about the media taking up the story told in my letters and their non-replies to get involved with a criminal investigation during the most important weeks of Blair’s life, namely, the General Election campaign.  Having miserably failed in the attempt to have me prosecuted it would have made perfect sense from their point of view to try to neutralise me by getting a friendly media outlet to print a false and hideously libellous story about me to dissuade anyone in the media from taking up the story told in my letters to the Blairs and their non-replies to me.

Here is something for you and your superiors to think upon. If the Met refuses to  properly  investigate my complaints (including questioning Morgan and Edwards) it will look  like yet another cover-up to go along with the persistent failure  by the Met to investigate phone-hacking until political pressure forced them  to  re-investigate cases which had previously been deemed to provide insufficient evidence for a prosecution or even a sustained investigation. The re-investigation of these supposedly hopeless cases has  resulted in dozens of arrests and quite a few charges, a fact which tells its own tale.

I repeat my previous requests for an interview with you and a senior officer within  Operation Elveden, preferably Steve Kavanagh . Apart from anything else you should be taking a formal statement from me based on the very strong evidence I have provided.

Yours sincerely,

Robert Henderson

See also

http://livinginamadhouse.wordpress.com/2013/01/24/piers-morgans-illegal-receipt-of-information-from-the-police-his-perjury-and-operation-elveden/

http://livinginamadhouse.wordpress.com/2013/01/29/piers-morgans-illegal-receipt-of-information-from-the-police-his-perjury-and-operation-elveden-part-ii/

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Tape recording of my interview with Jeff Curtis has been sent to you

Tuesday, 26 March, 2013 7:05
From:
“robert henderson” <anywhere156@yahoo.co.uk>

View contact details

To:
“Paulette Rooke” <Paulette.Rooke@met.pnn.police.uk>
                                      

To

DC Paulette Rooke

Operation Eleveden

Metropolitan Police

New Scotland Yard

8/10 The Broadway

London  SW1H OBG 

26 3 2013

 

Dear DC Rooke,

I have posted a copy of the tape recording of my interview on 8 April 1999 with Det Supt Jeff Curtis to you by recorded delivery. I have sent the tape to JUBILEE HOUSE PUTNEY, 230-232 PUTNEY BRIDGE RD, London SW15 2PD which is where you appear to be physically stationed.

Only one side of the tape has been used. You will need to listen to the entire tape, but Jeff Cutris’ comments about going to the Mirror, it being a straightforward case and so on are towards the end of the meeting with around 5/6ths of the tape played.

Yours sincerely,

Robert Henderson

Press regulation and the British constitution

Robert Henderson

The proposed regulation

The considerable constitutional implications of the proposed regulation of the  press by Royal Charter with  statutory restraints preventing the Charter’s  change and legislation creating different classes of plaintiff in civil cases seems to have passed our politicians by.

The proposal is for the normal ultimate control of a Royal Charter by politicians working through the  Privy Council to be circumscribed by a clause in a statute. In addition, further legislation to allow exemplary damages and costs. will be needed.  To demonstrate why this raises constitutional difficulties it is necessary to first understand what the proposed system will be and do. That requires a detailed examination of the draft Royal Charter.

The Royal Charter

There have been three draft Royal Charters: the original Tory Charter, the Labour/Libdem Charter and the third and latest which is the  draft  (published on 18th march) containing the agreed text by all three major party leaders. The  18th  March Charter  can be found at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/142789/18_March_2013_Royal_Charter_on_self-regulation_of_the_press__for_publication_.pdf. A commentary on and full text of the previous draft Royal Charters produced by the Tories and  the combined efforts of the Labour and the LibDems can be found  at http://martinbelam.com/2013/royal-charter-diffs/.

The statutory underpinning

The statutory underpinning will be,  according to the BBC, a general instruction for all  new Royal Charters after a certain date in 2013, viz:

“Early on Monday a deal was struck, under which a clause in the Enterprise and Regulatory Reform Bill would be tabled in the Lords.

This would state that a royal charter cannot be changed unless it meets requirements stated within that charter for amendments.

It does not mention any specific charter, Leveson or the press – but the royal charter on press regulation would itself state that it cannot be amended without a two-thirds majority of Parliament. “(http://www.bbc.co.uk/news/uk-21825823)

This statutory underpinning is intended to give absolute force to these provisions in the 18th March  Royal Charter:

“9.2. Before any proposal (made by any person) to add to, supplement, vary or omit (in whole or in part) a provision of this Charter (“proposed change”) can take effect a draft of the proposed change must have been laid before Parliament, and approved by a resolution of each House. For this purpose “approved” means that at least two-thirds of the members of the House in question who vote on the motion do so in support of it.

9.3. The Recognition Panel may only propose a change to the terms of this Charter if a resolution has been passed unanimously by all of the Members of the Board, who shall determine the matter at a meeting duly convened for that purpose.

10.1. This Charter, and the Recognition Panel created by it, shall not be dissolved unless information about the proposed dissolution has been presented to Parliament, and that proposal has been approved by a resolution of each House. For this purpose “approved” means that at least two-thirds of the members of the House in question who vote on the motion do so in support of it.”

The power to take or refuse complaints

The 18th March draft Charter gives  the proposed press regulator the power to take or refuse complaints as follows:

Schedule 3

“11. The Board should have the power to hear and decide on complaints about breach of the standards code by those who subscribe. The Board will need to have the discretion not to look into complaints if they feel that the complaint is without justification, is an attempt to argue a point of opinion rather than a standards code breach, or is simply an attempt to lobby. The Board should have the power (but not necessarily the duty) to hear complaints:

a) from anyone personally and directly affected by the alleged breach of the standards code, or

b) where there is an alleged breach of the code and there is public interest in the Board giving consideration to the complaint from a representative group affected by the alleged breach, or

c) from a third party seeking to ensure accuracy of published information.”

This gives both a very wide range of complainant and much subjective discretionary power to the Regulator.

The power to impose penalties

The penalties and procedures which the Regulator has to punish and enforce its judgements by the 18th March Charter are:

“15. In relation to complaints, where a negotiated outcome between a complainant and a subscriber (pursuant to criterion 10) has failed, the Board should have the power to direct appropriate remedial action for breach of standards and the publication of corrections and apologies. Although remedies are essentially about correcting the record for individuals, the power to direct a correction and an apology must apply equally in relation to:

a. individual standards breaches; and

b. groups of people as defined in criterion 11 where there is no single identifiable individual who has been affected; and

c. matters of fact where there is no single identifiable individual who has been affected.

16. In the event of no agreement between a complainant and a subscriber (pursuant to criterion 10), the power to direct the nature, extent and placement of corrections and apologies should lie with the Board.

17. The Board should not have the power to prevent publication of any material, by anyone, at any time although (in its discretion) it should be able to offer a service of advice to editors of subscribing publications relating to code compliance.

18. The Board, being an independent self-regulatory body, should have authority to examine issues on its own initiative and have sufficient powers to carry out investigations both into suspected serious or systemic breaches of the code and failures to comply with directions of the Board. The investigations process must be simple and credible and those who subscribe must be required to cooperate with any such investigation.

19. The Board should have the power to impose appropriate and proportionate sanctions (including but not limited to financial sanctions up to 1% of turnover attributable to the publication concerned with a maximum of £1,000,000) on any subscriber found to be responsible for serious or systemic breaches of the standards code or governance requirements of the body. The Board should have sufficient powers to require appropriate information from subscribers in order to ascertain the turnover that is attributable to a publication irrespective of any particular accounting arrangements of the publication or subscriber. The sanctions that should be available should include power to require publication of corrections, if the breaches relate to accuracy, or apologies if the breaches relate to other provisions of the code.

19A.The Board should establish a ring-fenced enforcement fund, into which receipts from financial sanctions could be paid, for the purpose of funding investigations.”

These powers are considerable and the fines  could cause genuine financial difficulty to lesser players in the press field because  fines are on turnover not profit.  The risk is severe because of the immensely broad definition of a publisher who is not a broadcaster:

Schedule 4 b) “relevant publisher” means a person (other than a broadcaster) who publishes in the United Kingdom:

i. a newspaper or magazine containing news-related material, or

ii. a website containing news-related material (whether or not related to a newspaper or magazine);

The recklessly broad  definition will almost certainly make the system next to unworkable if the Regulator is genuinely to take complaints from both third parties and  complaints about everything from a blog run by a private individual to the largest circulation daily. The experience of the Information Commissioner’s Office (ICO) is instructive with the ICO regularly taking one to two years to complete investigations.

The penalties for not being registered with the Regulator

The proposal is that any publisher (as defined by the Royal Charter) who does not sign up with the new regulator will leave themselves open to exemplary damages plus costs if sued  successfully in the courts and may be liable for costs even if they successfully defend a suit in certain circumstances.

These penalties are not part of the Royal Charter or the statutory underpinning already described. Consequently further  legislation will be required. This will be direct statutory control of the press no matter how much politicians try to fudge the matter.  How far such law would be subject to successful legal challenge is debatable because the Human Rights Act contains this:

“Article 10 Freedom of expression.

1Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.” (http://www.legislation.gov.uk/ukpga/1998/42)

The constitutional issues 

If the Charter cannot be amended or dissolved  with less than a two-thirds majority of both houses of Parliament  because a statute has been passed forbidding it,  this  is an  attempt at a de facto superior law, a law moreover, which is binding on future governments. As the two thirds  majority would be extremely difficult to achieve, it would in effect sabotage the constitutional principle that no Parliament can bind its successors by passing laws which cannot be repealed. This is even the case with treaties emanating from the EU. All the major British parties have at one time or another maintained that Parliament is sovereign and the treaties and legislation resulting from   Britain’s membership of first the European Economic Community and its successor the European Union could be nullified by Parliament’s repeal of laws and repudiation of treaties.

Unless a formal framework for such a superior law is introduced into our Constitution, the present  attempt would fail because the restrictions on change or repeal supposedly created by the statutory underpinning could be overcome simply by repealing the entire law in which the statutory restrictions  are  enshrined. That would apply even if a separate Act was passed dealing solely with  restricting changes to the Charter or its abolition. This is so because there could be no such restriction under present circumstances on repealing an entire statute because all statutes are equal and subject to repeal by simple majorities in the two houses of Parliament. In passing it is worth noting that the legislation to make the early calling of general elections difficult  suffers from the same insecurity of application because it requires more than a simple majority.

The next problem is the clash between the general rules governing amendments to Royal Charters and the proposed restrictions imposed by statute:

…once incorporated by Royal Charter a body surrenders significant aspects of the control of its internal affairs to the Privy Council. Amendments to Charters can be made only with the agreement of The Queen in Council, and amendments to the body’s by-laws require the approval of the Council (though not normally of Her Majesty). This effectively means a significant degree of Government regulation of the affairs of the body, and the Privy Council will therefore wish to be satisfied that such regulation accords with public policy. (http://privycouncil.independent.gov.uk/royal-charters/chartered-bodies/).

And

(d) incorporation by Charter is a form of Government regulation as future amendments to the Charter and by-laws of the body require Privy Council (ie Government) approval. There therefore needs to be a convincing case that it would be in the public interest to regulate the body in this way; (http://privycouncil.independent.gov.uk/royal-charters/applying-for-a-royal-charter/)

The Privy Council practices come  into direct opposition with the draft Royal Charter  where it touches on amendments  to or dissolution of the  Charter.  It is important to understand that  if granted the Royal Charter will not be an artefact of Parliament.  Technically it will be a Royal artefact although in reality a government artefact.   It might be thought that Parliament being sovereign could override the Privy Council procedures, but it is not as simple as that. The Privy Council procedures are separate from Parliament.  If Parliament wants them to be subordinate to Parliament that would make Royal Charters in effect artefacts of Parliament in the same way that secondary legislation such as statutory instruments and orders  in council  are semi-detached   artefacts of Parliament.

The third and last difficulty is the fact that the proposed Charter would create a quasi-judicial authority (I think that that would make it  unique amongst Royal Charters).  That quasi-judicial function would leave it open to legal challenge, both at the level of the Recognition Panel (RP) which appoints the regulator and the regulator itself . Because there is statutory underpinning  of both the RP and the regulator and the RP is  in receipt of public funds at least in the early years, it might well be that either body could  be subject to judicial review because either could be deemed a public body and  a regulatory body established by statute  (http://www.judiciary.gov.uk/you-and-the-judiciary/judicial-review).

The other objection to the quasi-judicial status created by the proposed regulatory system is the fact that quasi-judicial powers (and very considerable ones) are being granted by a body other than  Parliament .

The likely outcome

The proposals are a cynical ploy to prepare the ground for serious interference  with the traditional press and the broader internet media because of the breadth of the definition of a publisher.   These are proposals which are incompatible with any society that calls itself free or has pretensions to be a democracy because by definition anything may be debated in a democracy.

The intended consequences of the proposals are clearly to manipulate the press and internet media both in instances of actual publication and through the deterrent effect of the possible consequences which publication of a story will bring. Moreover, anyone who believes that this will be the end of political interference with the press and internet publishers is credulous to the point of imbecility.  Once state regulation of any degree becomes the status quo  it will provide the psychological launching pad for further control. This will be difficult to argue against because the pass on press freedom will already have been sold.

The fact of such an agreement amongst the leadership of all our major parties is profoundly depressing because it means not one of them collectively understands the value of  free expression as a cleansing lotion for immoral behaviour, especially that by the powerful and influential.  To that is added the contemptible portrayal of the proposed scheme  by the major parties as anything but what it is, namely, grubby authoritarianism.

None of that is to  say that those abused by the press do not require protection.  A statutory right of reply (RoR) would do what was required without any chance of political interference. This is because it is a self-organising process which would involve only the newspaper and the complainant or, where an RoR was refused, the courts to enforce it.  The involvement of the courts would not require the courts to make a judgement on what the publication had written or what the subject of their story wanted to say in reply. All the court would be doing is forcing the publication to provide the RoR. The detailed arguments for an RoR  can be found at http://livinginamadhouse.wordpress.com/2013/02/25/curing-media-abuse-a-statutory-right-to-reply-is-needed/.

Is all lost? Happily there is some hope.  That exists not because there is likely to be any turnabout out of principle by our politicians. Rather, it exists because they have, as so very often,  not thought through the consequences of a policy.    Apart from the constitutional difficulties,  the practical difficulties are huge.  The great breadth of the definition of what is a publisher will potentially make the work of  the Regulator impossible simply because they will be overwhelmed with work.

In addition, there will be endless opportunity for the wealthier subscribers to the Regulator to pursue legal challenges to the rulings of the Regulator, not least because as I have described the legal position of the Regulator and the RP is a dog’s dinner.

Finally, there is the question of whether the  big press publishers will all sign up, even though that will protect them from exemplary damages and costs even if they have won a case in the courts.  There are signs that some at least  might well refuse.  If many refused that would kill the proposals stone dead. But even if they all signed up they could sabotage the intentions of the Royal Charter  by engaging in a barrage of legal actions against the Regulator.

The Financial Times goes after The Daily Mirror

Dear Robert

I hope you don’t mind me emailing you directly.
I am writing about phone hacking on behalf of the FT and investigating wider incidences of press abuse at other newspapers such as Trinity Mirror.
I would be keen to meet with you as I understand from one of my contacts that you may have evidence of wider press abuse.
Do let me know if you would be happy to meet. I am happy to discuss matters on background only.
All best
Rob

– Rob Budden Chief Media Correspondent Financial Times +44 (0) 207 775 6839 +44 (0) 7785 952 688 www.ft.com
Follow me on Twitter: @RobertoBud

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Rob Budden

Chief Media Correspondent

Financial Times 

1 Southwark Bridge,

 London SE1 9HL

Tel: 0207 775 6839

Email: rob.budden@ft.com

9 March 2013

Dear Rob,

As promised at our  meeting of 8th March, I send you additional information relating to Piers Morgan, the Blairs, the police, the Leveson Inquiry and myself. The details of the new material and the material I supplied to you when we met are listed below.

If you want to expose Trinity Mirror I have provided you with all the evidence you need to demonstrate their abuse of members of the public,  the committing of criminal acts through the receipt of information from the police illegally by the Mirror, probable perjury before Leveson by Morgan and Jeff Edwards and the wilful suppression of evidence by the police of police supplying information illegally to the Mirror. In addition, you have the wider story of the Blairs attempting to prosecute me for crimes they must have known were bogus and their subsequently use of the security services and Special Branch to harass me.

Please keep these facts firmly in front of you:

1. There was so little substance to the Blairs’ complaints against me that the police never contacted me about them, while the CPS rejected the complaint within hours of receiving it with a firm “No Crime”.

2. The Blairs did not go to the police when I sent them the letters, but only after I had circulated copies of my letters to them and the replies I received at the beginning of the 1997 General Election Campaign.

3. The Blairs failed to take any civil law action against me even though that has only the balance of probability evidential test.

4. At no time did I threaten directly or by implication either of the Blairs, nor did I ever attempt to physically approach them.

5. Despite being deemed innocent of any crime and despite never having threatened either of the Blairs, Special Branch and MI5 were set upon me.

6. I made various complaints to the police relating to the Mirror and the Blairs. None were meaningfully investigated.  The most blatant example was the failure of Det Supt Jeff Curtis of Scotland Yard to claim that he had investigated my complaint relating to the Piers Morgan admission of receiving information from the police without interviewing anyone at the Mirror or looking at their accounts for evidence of payments to the police.

7. The harassment I suffered after the Blairs failed to have me investigated in March 1997 lasted for the entire Blair premiership and ended once he was out of office.

If you want me to write an article for the FT on any aspect of the business I shall be happy to do so.

Yours sincerely,

Robert Henderson

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Schedule of documents supplied to Rob  Budden

At our meeting on 8th March I supplied you with the following in paper form:

1. A copy of Is it in the blood? as it was printed.

2. Copies of the Mirror and Daily Herald stories relating to the Blairs and me dated  25 3 1997.

3. A copy of Piers Morgan’s letter to the PCC dated 16 October 1997  in which he admits to receiving information from the police in circumstances which can only have been illegal.

4. Copies of the correspondence between the PCC and Mike Jempson of Presswise on my behalf relating to my complaints against the Mirror  and Daily Herald  following the stories of 25 3 1997.

5. A copy of Sir Richard Body’s EDM of  detailing the harassment I was subject to after the Blairs’ attempt to have me prosecuted during the 1997 General Election  campaign failed.

Copies of documents supplied 9 3 2013 via email in digital form (Wordfile)

1. The version of  the Wisden Cricket Monthly article  Is it in the blood? as I sent it to David Frith with supporting documents – see wordfile IsitinthebloodFT.docx

2. My initial submission to the Leveson Inquiry including original attachments (sent by separate email).

3. Details of Piers Morgan’s   perjury before Leveson  -  see wordfile  piersmorganperjury.docx

4.  Details of Jeff Edwards  perjury before Leveson  – see wordfile  jeffedwardsperjury.docx

5.  File relating to Robert Jay’s inept questioning  – see wordfile  LevesonRobertJay.docx

6.  My complaints  to Operation Elveden  regarding Morgan and Edwards’  receipt of information  about me illicitly supplied by the police to the Mirror and Morgan and Edwards – see wordfile  OperationElvedensubmissionFT.docx

The Letwin Plan – Freedom of the Press in a post-Leveson UK

The Letwin Plan – Freedom of the Press in a post-Leveson UK

Freedom Association meeting  25 February

Speakers

John Whittingdale MP (Chairman of the DCMS select committee).

George Eustice MP

Harry Cole Blogger

Depressingly John Whittingdale and George Eustice are both wholeheartedly in favour of the Letwin Plan which is the Government’s response to Leveson’s proposals.   I say depressingly because the Plan is dishonest in overt intent because it produces a system of regulation which pretends to be independent but is in reality authoritarian.

The proposed structure of the new system of regulation consists of a  Recognition Panel (RP) which licences a Regulator, the relationship between the two being broadly akin to that of  Ofcom licensing broadcasters, although here there will be three tiers of interested parties  -  the RP, the regulator and the press – rather than two.

The RP will carry out an assessment of the work of the Regulator  every three year. However, in exceptional circumstances an inspection can be made when deemed necessary.  The Regulator will have the power to levy substantial fines , viz:

15. 19. The Board should have the power to impose appropriate and proportionate sanctions(including but not limited to financial sanctions up to 1% of turnover of the publication concerned with a maximum of £1,000,000) on any subscriber found to be responsible for serious or systemic breaches of the standards code or governance requirements of the body.

The possible size of fines could have an excessive  intimidatory effect, especially on publications which have relatively small publications.

The regulatory structure is to derive its legitimacy from a Royal Charter rather than a statute  (The full draft Charter can be found at http://tinyurl.com/Draft-Royal-Charter-for-Press).  This supposedly gives it independence from politician. Apart from being the thin end of the wedge to more extreme regulation, the personnel of the RP  will be drawn from the usual cast list of the Great and the Good and,  in the cases of both the RP and the Regulator,  there will not be an outright  ban on people with a media background , merely restrictions on serving   mediafolk or their numbers.  The funding  of  the RP will come from the fees charged to those applying to be Regulators  with top ups from the taxpayer if required (the taxpayer will fund the first three years). The Regulator’s income  will come from subscriptions and fines levied from subscribers found to be misbehaving.

The dishonesty  continues with the claim that signing up to  the new regulator will be a voluntary choice for the press.  It will give a very strange meaning to the word voluntary,  because those who choose not to sign up will  leave themselves open to punitive damages in the courts whereas those who do sign up will be legally protected against such  damages.  This legal protection will require legislation.

During questions I pointed out the dishonesty and said that if the government was going to be authoritarian it was better if it was honest about what it was doing,  because this type of pretence was precisely what was disillusioning the general public when it came to politics.  Another questioner made the pertinent point that two classes of plaintiffs  would exist. There would be those suing subscribers to the Regulator (who would be protected against punitive damages)  and those  suing newspapers who had not signed up with the regulator who would be liable for punitive damages.  This could have the perverse consequence of allowing two plaintiffs with equal cases being awarded substantially different amounts in damages , or  even worse, a less serious instance of press misbehaviour resulting in higher damages than a more serious instance.   It could also  have a seriously  intimidatory effect on  the smaller publishers.

The  general problem with the Letwin Plan as outlined in the draft Royal Charter is the structural complexity of the system. The RP  will have an appointments committee which creates an executive  board  licenses the Regulator which also has an appointment panel to create an executive board for the regulator. The Regulator then has to set up a Code committee to develop the Code of Conduct.  This type of diffuse relationship is a recipe for buck passing.

Harry Cole was against the plan because the use of a Royal Charter brought with it difficulties of its own, most notably the fact that an amendment to a Charter required a two thirds majority of the Commons,  as opposed to a simple majority to repeal or amend a statute.  The draft Charter does indeed state this, viz:

9. CHARTER AMENDMENT

9.1. The Recognition Panel may add to, vary or omit (in whole or in part) any of the provisions of this Charter if, and only if:

a) a resolution has been passed unanimously by all of the Members of the Recognition Panel, who shall determine the matter at a meeting duly convened for that purpose;

and

b) the requirements of Article 9.2 are met.

 9.2. Before any proposal to add to, vary or omit (in whole or in part) a provision of this Charter (“proposed change”) can take effect:

a) the leaders of the three main political parties in the House of Commons (being the parties with the first, second and third greatest numbers of Members of Parliament at the relevant time) must each confirm in writing to the Chair of the Board that he agrees to the proposed change;

and

b) a draft of the proposed change must have been laid before Parliament, and approved by a resolution of each House. For this purpose “approved” means  that at least two-thirds of the members of the House in question who vote on the motion do so in support of it. (http://tinyurl.com/Draft-Royal-Charter-for-Press)

Similar qualifications apply to the dissolution of the Charter – see 10. DISSOLUTION10.1

These  Charter provisions would, if valid, make the alteration or the dissolution of the Charter very difficult – the procedures have to be initiated by a unanimous resolution of the Recognition Panel and before any change can be put to Parliament (both houses) the leaders of the three largest parties in the Commons have to each agree to either a Charter change or dissolution of the Charter.   However, there is a rather large question mark over whether they are valid.  Here are the general rules governing amendments to Royal Charters:

…once incorporated by Royal Charter a body surrenders significant aspects of the control of its internal affairs to the Privy Council. Amendments to Charters can be made only with the agreement of The Queen in Council, and amendments to the body’s by-laws require the approval of the Council (though not normally of Her Majesty). This effectively means a significant degree of Government regulation of the affairs of the body, and the Privy Council will therefore wish to be satisfied that such regulation accords with public policy. (http://privycouncil.independent.gov.uk/royal-charters/chartered-bodies/).

And

(d) incorporation by Charter is a form of Government regulation as future amendments to the Charter and by-laws of the body require Privy Council (ie Government) approval. There therefore needs to be a convincing case that it would be in the public interest to regulate the body in this way; (http://privycouncil.independent.gov.uk/royal-charters/applying-for-a-royal-charter/)

The Privy Council practices appear to come into direct opposition with the draft Royal Charter  where it touches on amendments  to or dissolution of the  Charter.  It is important to understand that  if granted the Royal Charter will not be an artefact of Parliament.  Technically it will be a Royal artefact, although in reality a government artefact.   It might be thought that Parliament being sovereign could override the Privy Council procedures, but it is not as simple as that. The Privy Council procedures are separate from Parliament.  If Parliament wanted them to be subordinate to Parliament that would mean a redrawing of the Constitution, something which has can have wide ramifications, as was show all to starkly by the last Labour government’s botched attempt at ending of the post of Lord Chancellor.

The problems do no end there. Reading through the  draft Royal Charter  there is a distinct whiff of the PCC about the set up. For example, take the parameters of the Code of Conduct:

15  7. The standards code must ultimately be adopted by the Board, and be written by a Code Committee which is comprised of both independent members and servingeditors.8. The code must take into account the importance of freedom of speech, the interests of the public (including but not limited to the public interest in detecting or exposing crime or serious impropriety, protecting public health and safety and preventing the public from being seriously misled), the need for journalists to protect confidential sources of information, and the rights of individuals. Specifically, it must cover standards of:

a) conduct, especially in relation to the treatment of other people in the process of obtaining material;

b) appropriate respect for privacy where there is no sufficient public interest justification for breach; and

c) accuracy, and the need to avoid misrepresentation.

The likely code of Conduct will be one close that of the PCC Code , which apart from being frequently not applied by the PCC also gave plenty of wriggle room, especially when the question of the public interest was raised.

None of the panellists suggested that rather than having this great regulatory edifice  a statutory right of reply (RoR) would do what was required without any chance of political interference. This is because it is a self-organising process which would involve only the newspaper and the complainant or, where an RoR was refused, the courts.   Consequently I did.  John Whittingdale tried to dismiss the idea by saying it would be unworkable because of the number of people asking to reply would be vast.  I pointed out that this would not be a problem if the RoR was restricted to a reasonable length.

I also suggested that claims for  financial redress by  those abused by the press should be dealt with through the Small Claims courts with no right of appeal from the Small Court’s verdict and no lawyers allowed, that is, just the lay plaintiff confronting the lay representative of the newspaper involved.  Again this met with a blank lack of interest by the two MPs.    The Small Claims court could also deal with refusals of a newspaper to publish an RoR.

Had I been given the time I would also have raised the problem of how the Regulator would possibly be able to handle the likely number of complainants. In this context the Information Commissioner’s office  (ICO) can give some idea of the difficulties which are likely to arise. A complaint under either the Freedom of Information or the Data Protection Acts to the ICO is likely to take a year or more to gain an adjudication despite the fact that the IFO employs several hundred people.   You can bet your life that the proposed Regulator will not employ hundreds of people because the funding of the Regulator will come from the subscribing newspapers .  The difficulty of the numbers  complaining vastly exceeding the resources available is exacerbated by the allowing of third party complaints:

15.11. The Board should have the power to hear and decide on complaints about breach of the standards code by those who subscribe. The Board should have the power (but not necessarily the duty) to hear complaints: a) from anyone personally and directly affected by the alleged breach of the standards code, or b) where an alleged breach of the code is significant and there is substantial public interest in the Board giving formal consideration to the complaint, from are presentative  group affected by the alleged breach, or c) from a third party seeking to ensure accuracy of published information.

Third party complaints also raise the problem of subjectivity by the Regulator, whose board members, being human, are likely to favour complaints which fit with their political sympathies whilst discriminating against those of which they disapprove.

In short, the proposed regulatory regime is, apart from being the thin end of the wedge for state control of the press, dishonest in intent, constitutionally unsound and administratively impractical .

During the course of the meeting I  raised  (1)  the failure of  Leveson to use the letter from Piers Morgan to the PCC in which he admitted receiving  information from the police in circumstances which  could only have been illegal  and (2) Morgan’s subsequent perjury  when giving evidence before Leveson under oath. I offered these as  examples  of the failure of Leveson to pursue cast iron evidence of serious media misbehaviour.    Harry Cole expressed an interest and asked for a copy of the letter which I subsequently supplied.

After the meeting I spoke with John Whittingdale  about Leveson  and he was very loth indeed to discuss the matter. I eventually persuaded him to  take a copy of the Morgan letter from me, although it was with the look of a man picking up a live grenade with the pin pulled out. When he had read the letter  he  said, believe or not, that he did not think it worth pursuing because it was 15 years old. I pointed out that crimes were frequently pursued after such a time, for example, the Savile investigations ,  while some of the phone hacking accusations were over ten years old.  I also pointed out that the only reason my complaints were not investigated at the time  was the police  failure  to meaningfully investigate.   Mr Whittingdale left taking a copy of the Morgan letter with him.

Robert Henderson 2 March 2013

Curing media abuse – A statutory right to reply is needed

Robert Henderson

A statutory right of reply (RoR) is the thing of media nightmares. That alone tells you it is the best remedy for the general public. But the media is looking a gift horse in the mouth because an RoR would provide the strongest bulwark against any government desire to regulate the media. If there is a truly effective means of rapid redress available to everyone, including incidentally politicians, the prime argument for outside regulation is removed.

An RoR is also the perfect practical solution to the problem of media abuse because it is a self-regulating mechanism, able to develop organically and requiring no great bureaucracy to administer it or vast amounts of money to fuel it.

The only expenditure would be that incurred where an individual challenged the denial of an RoR by a newspaper or broadcaster. That cost could be kept to a minimum in two ways. First, by making libel the only reason for refusing an 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. To keep things simple, there should be no appeal against the Small Claims Court’s decision.

The other mechanism which would provide redress with little cost would be to extend the powers of the Small Claims Courts to hear complaints against the media for libel and slander and other torts such as trespass. These two measures would ensure that money did not prove a barrier or determinant of ultimate legal success.

How would it work?

I would restrict the right to individuals because corporate bodies should be able to look after themselves through normal legal action.

The qualification for a right to reply would be simple and objective: the media outlet has printed or broadcast material about an individual. Hence, no prior legal decision, other than on possible libel, would be needed before an RoR was enforced.

What should the RoR entail in terms of opportunity? 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 problematical, but at the least 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 objections to an RoR are heavy in the imagination but in all probability slight in practice. It is a case for suck-it-and see.

The media will say that it is completely impractical, that their papers and broadcasts would be full of nothing but replies. In fact, we can say with a very high degree of probability that they would not be.

The general experience of the introduction of any new opportunities for the public at large to act upon 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 by any chance the introduction of a right to reply proved the odd sociological man out and the media was overwhelmed, the system could be reviewed .

A narrow RoR would be worthless

The media will doubtless throw up their hands in horror at the idea of a RoR which is anything other than a narrow one based on correcting inaccuracy. There are two solid reasons why it should not be limited to inaccuracy. The first is that there is often no easy way of proving the truth or otherwise of ostensible “facts” nor any clear distinction between what constitutes accuracy and inaccuracy or a certain definition of what is an objective fact. For example, what is the objective truth of this statement: “Harold was killed by an arrow through his eye at the battle of Hastings” in 1066? We can be more or less certain that the battle took place in 1066, assuming that we do not have a general scepticism about that which we have not personally witnessed, but the nature of Harold’s death is much more uncertain and problematical. If the RoR were restricted to inaccuracy, the media would assuredly use the lack of objective truth and falsity to undermine the RoR by arguing interminably.

The second objection concerns opinion. This is often more damaging than inaccuracy and 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 could be tested objectively, that is, does she take money or other material rewards for providing sexual favours? But what if I write “she has the morals of a whore”? Is that fact or opinion? If it is to be treated as fact how could it be tested? Again, the opportunities for argument are limitless.

The effect on the media

The effect of an RoR and small claims court libel access would be profound. 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 in what they write. An analogy would be with the recording of conversations where everyone in the conversation knows they are being recorded. Where that occurs people generally cease to lie about what was said and are careful about what they say.

The present remedies

Compare an regime such as I have proposed with the present supposed remedies for those criticised or represented by the media. These are both cumbersome and the success of a complaint is dependent upon the judgement of others. In the case of the Press Complaints Commission (PCC), the judgement is made by 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 – in its entire history the PCC has never found for a complainant where to do so would be to tacitly accept that a serious libel had been committed.

But to complain that the PCC is no remedy is to miss a larger point. No matter how formally honest the PCC or any other 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 question is one of practicality.

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 to a full hearing or investigation. If the public began to use these bodies enthusiastically they would be overwhelmed. Short of the Government devoting a large segment of the national budget to funding vast public bodies capable of dealing with tens of thousands of complaints a year, the redress for the public will remain notional and the existence of bodies such as the PCC worse than useless. I say worse than useless because their existence gives a spurious appearance of media misbehaviour being subject to sanctions.

All that adds up to a further powerful argument for an effective RoR. Those within the media who oppose such a thing should consider whether it a lesser evil (from their point of view) than the likely eventual alternative of state-control, either openly or through quasi-independent bodies.

I will leave you with this thought. At present the relationship between someone in the media and anyone they choose to criticise is analogous to someone who binds a man and then punches him. It is not a contest, but an act of cowardice. It is essentially what anyone in the media does when they attack someone outside the media in the certain knowledge that the person will be denied an uncensored opportunity to reply.

 

Piers Morgan’s illegal receipt of information from the police, his perjury and Operation Elveden part II

To

DC Paulette Rooke

Operation Eleveden

Metropolitan Police

New Scotland Yard

8/10 The Broadway

London  SW1H OBG

(Tel: 0208  )

29 January 2013

CC Gerald Howarth MP

Keir Starmer (DPP)

mark.lewis@thlaw.co.uk

Dear DC Rooke,

As we have not been able speak as yet I will try to expedite matters by ensuring that you have the basic details and by describing what I would like to happen.

The crimes committed

The evidence I have supplied leaves  Piers Morgan and Jeff Edwards  with no wriggle room. There is the letter from  Morgan to the PCC admitting that he received information from the police in circumstances which can only have been illegal;  Edwards as the writer of the Mirror article must have been the recipient of the information and both Morgan and Edwards objectively committed perjury by denying receiving information from the police illegally whilst under oath before the Leveson Inquiry. Det Supt Curtis is condemned by his wilful refusal to interview Morgan, Edwards or anyone else at the Mirror after my initial complaint.  (I have him on tape promising to interview Morgan et al during my initial meeting with him).

The political dimension

The complaints I have submitted to Elveden are part of a larger scandal which has deep political ramifications. The general scope of these can be seen from  the Early Day Motion put down on my behalf by Sir Richard Body on 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

I bring this to your attention because it was the political dimension which prevented me from  getting any redress for complaints I made to the police  following the publication of the Mirror story. My experience from 1997 to 2007 when Blair retired was of being in  a Kafkaesque world in which,  despite being subjected to harassment which ranged from death threats and an internet campaign which incited violence against me by posting my address on social media sites  to regular interference with my post, I was unable to get the police to investigate meaningfully any of the complaints which arose from the Mirror’s involvement and the  harassment which followed.  You have a classic example in the failure of Jeff Curtis to investigate the Mirror despite having Morgan’s letter admitting to receiving police information.

That my complaints caused  considerable concern to the police because of their political nature can be seen from the number of senior officers who got involved in complaints of crimes,  most of which  would normally be investigated by a Det Sergeant or a Detective Inspector at most.   At various times I dealt with the following:

Det Chief Supt Tony Dawson – The Met’s Internal Investigations Command

Dept Supt Jeff Curtis

Chief Supt John Yates

Chief Supt Eric Brown

Supt Cliff Hughes

Supt Alex Fish

Chief Inspector Julia Wortley

Chief Inspector Ian West

Det Chief Inspector Stephen Kershaw

Despite their involvement no one was ever  charged, unsurprising as no complaint was meaningfully investigated.  I also met with the same obstruction from the CPS.

Documents passed to Holborn police

The documents I  passed to PC G James 423EK and PC L Scully 471EK  from Holborn police station were:

1.Piers Morgan’s Letter to the PCC date 16 October 1997  in which he admits receiving information from the police in circumstances which can only have been illegal.

2. A copy of the Daily Mirror  story about me dated 25 March 1997 which produced the complaint to the PCC  which caused  Morgan to write the letter in which he admitted receiving information from the police in circumstances which can only have been illegal.

3. Copies of the then director of Presswise Mike Jempson’s correspondence on my behalf with the PCC relating to the Mirror story dated 23 December 1997, 9 January 1998, 20 January 1998, 18 February 1998, 2 March 1998.

4. My evidence to the Leveson Inquiry of  Morgan ’s perjury dated 23 December 2011

5. My evidence to  the Leveson Inquiry of Edwards’ perjury dated 25 March 2012

6. My original submission to the Leveson Inquiry dated 25 November  2011

7. Sir Richard Body’s Early Day Motion 10th November 1999 which dealt with the general context of the events surrounding the Mirror story  with the role of the Blairs at its heart.

8. A copy of my Wisden Cricket Article Is it in the Blood? (from the July 1995 edition). It was my gross mistreatment by the mainstream British media after the publication of the article that led me ultimately to write to the Blairs asking for their assistance after all other available avenues of redress had failed me .

9. A copy of my final letter to  Det Supt Curtis dated 2 December 1999, Det Supt A Bamber’s reply to that letter 13 December 1999 and the PCA’s letter dated November 1999  refusing  to investigate further

10. A letter addressed to the new head of Operation Elveden Deputy Assistant Commissioner  Steve Kavanagh dated 21 January 2013.  A copy of this is below.

I attach copies of 1,4,5,6 and my final letter to Jeff Curtis (see 9)  in digital form.

What I would like to happen

The first step would be for the two of us to have a long talk about this. Because of the political ramifications I would also  like to meet DAC Steve Kavanagh .

Yours sincerely,

Robert Henderson

———————————————————————————————————

Flag this messageOPERATION ELVEDENMonday, 25 February, 2013 11:10

From: “Paulette.Rooke@met.police.uk” <paulette.rooke@met.police.uk>View contact detailsTo: anywhere156@yahoo.co.uk

Mr Henderson

I write out of courtesy just to let you know that I am still looking into your recent correspondence with this office.

I hope that you will receive a reply in the next couple of weeks.

Yours sincerely

Paulette Rooke

DC PAULETTE ROOKE

JUBILEE HOUSE PUTNEY, 230-232 PUTNEY BRIDGE RD, London SW15 2PD

Internal  58526  External  020 8785 8526

Mobile 07771 553043 (office hours)

————————————————————————————————————————————–

To

DC Paulette Rooke

Operation Eleveden

Metropolitan Police

New Scotland Yard

8/10 The Broadway

London  SW1H OBG

CC

John Whittingdale MP

George Eustice MP

Gerald Howarth MP

Keir Starmer (DPP)

mark.lewis@thlaw.co.uk

26 February 2013

Dear DC Rooke,

Thank you for your email of 25 February. It is now a month since I passed  my complaints  to Operation Eleveden.  I really do think an early meeting between you,  me and a senior officer from Operation Elveden (preferably Deputy Assistant Commissioner  Steve Kavanagh)  would be fruitful.

I have provided Operation Eleveden with conclusive evidence of  Piers Morgan and  Jeff Edwards’  receipt of information illegally from the police and of their perjury before Leveson.     Consequently, most of the investigatory work needed to bring charges has been completed.  Apart from the admin involved in  getting the cases to court, all that remains to be done is to interview Morgan and Edwards and to inspect the Mirror’s  records and  Morgan and Edwards’ private papers to see if information relating to payments for the information exist.  I really cannot see what obstacle there is to proceeding with an investigation.

Morgan will not be able to deny the offence because to do so would put him in the absurd position of saying he had not written the letter, that he had no knowledge of it being sent and that the whole thing was done by someone else.  That would be ridiculous if it was just a letter sent without any outside stimulation, but this letter is sent in response to a letter from the PCC.  Morgan would have to argue that a correspondence initiated by  the PCC had proceeded without his knowledge even though the Mirror side was made in his name.

Even without the letter it would be clear that the police had illegally  passed information to the Mirror.  Information in the story could only have come from the police. In addition  Jeff Edwards’ story contains this:   ‘A Scotland Yard  source  said: “By sending letters in a very unpleasant tone the writer has committed an assault. ’ Special Branch, who organise protection for MPs have been informed of the situation”.   Just for the record my letters were deemed entirely legal by the CPS within hours of their receipt.  It was a try-on by the Blairs.

I have spoken to Edwards once. That  was on the morning of the publication of the Mirror story. When he discovered who he was speaking to he panicked immediately.  I think there is a good chance that when confronted with the evidence of Morgan’s letter  he will simply come clean.  I have never spoken to Morgan,  but I would draw your attention to the fact that he has behaved recklessly and dishonestly in the past, most notably in his fabrication of a photos of soldiers  when Mirror editor , something which caused his sacking. (http://www.guardian.co.uk/media/2004/may/14/pressandpublishing.iraqandthemedia). Reckless people tend to be careless and impulsive. Always a plus when an investigation is under way.

My complaint against Det Supt Jeff Curtis is also straightforward. The fact that he did  not interview anyone at the Mirror despite having Morgan’s letter to the PCC can be verified by checking the Met’s case notes.

If the Mirror received  information from the police illegally in my case, it is not unreasonable to suspect that this was a widespread  practice within the Mirror group. Investigate my complaints and you will almost certainly find evidence of other instances.  There is also the advantage for the Met in investigating the Mirror because it shows they are not merely concentrating on the Murdoch papers.

I would greatly welcome a meeting in the near future.

Yours sincerely,

Robert Henderson

Piers Morgan’s illegal receipt of information from the police, his perjury and Operation Elveden

Robert Henderson

On Monday 21 January I went to New Scotland Yard (NSY) with the intention of providing evidence to Operation Elveden  of Piers Morgan  and Jeff Edwards’ receipt of information illegally from the police and their perjury before the  Leveson Inquiry when they lied under oath.

I was unable to gain entry. Those on the entrance were insistent  that I would have to make an  appointment.  (I cannot help  but wonder what would have happened if I had turned up without an appointment to give, for example, evidence about a murder or terrorist plot: would it have been  “Sorry sir, we can’t see you without an appointment”?)  I  rang from outside the NSY   to try and arrange an immediate  appointment only to be told by the Met’s central switchboard that  no one was available to make the appointment. I left my details and a civilian worker phoned me later in the day and made an appointment for the local police  to visit me at 11.00 am on 22 January.  He gave me the case  reference CAD 3124/2/Jan.

Two uniformed PCs turned up from Holborn police station (I gave them the  details, but as they admitted themselves, the case was more than a little out of their normal range of work.   (That was precisely why I had gone directly to the NSY rather than ringing to make an appointment. I knew if I tried to make an appointment I would in all probability be  directed  to my local police station.  Some people may think it is a very curious thing that Operation Elveden does not have a direct phone line or public email address for those wishing to give information to use ).  In the circumstances I could do no more than run through the details  and pass on to the two PCs  the following documents:

1.Piers Morgan’s Letter to the PCC date 16 October 1997  in which he admits receiving information from the police in circumstances which can only have been illegal.  (http://livinginamadhouse.wordpress.com/2011/12/20/piers-morgan-lied-to-the-leveson-inquiry/)

2. A copy of the Daily Mirror  story about me dated 25 March 1997 which produced the complaint to the PCC  which caused  Morgan to write the letter in which he admitted receiving information from the police in circumstances which can only have been illegal.  (http://livinginamadhouse.wordpress.com/2011/04/17/the-failure-to-charge-piers-morgan-with-illicitly-receiving-information-from-the-police/)

3. Copies of the then director of Presswise Mike Jempson’s correspondence on my behalf with the PCC relating to the Mirror story dated 23 December 1997, 9 January 1998, 20 January 1998, 18 February 1998, 2 March 1998.

4. My evidence to the Leveson Inquiry of  Morgan ’s perjury dated 23 December 2011 (http://livinginamadhouse.wordpress.com/2011/12/22/referral-of-piers-morgans-perjury-to-the-leveson-inquiry/).

5. My evidence to  the Leveson Inquiry of Edwards’ perjury dated 25 March 2012 (http://livinginamadhouse.wordpress.com/2012/03/26/leveson-inquiry-jeff-edwards-and-another-prima-facie-case-of-perjury/).

6. My original submission to the Leveson Inquiry dated 25 November  2011 (http://livinginamadhouse.wordpress.com/2011/11/25/the-leveson-inquiry-the-blairs-the-mirror-the-police-and-me/)

7. Sir Richard Body’s Early Day Motion 10th November 1999 which dealt with the general context of the events surrounding the Mirror story  with the role of the Blairs at its heart. (http://livinginamadhouse.wordpress.com/2010/10/26/when-tony-and-cherie-blair-tried-to-have-me-jailed/)

8. A copy of my Wisden Cricket Article Is it in the Blood? (from the July 1995 edition). It was my gross mistreatment by the mainstream British media after the publication of the article that led me ultimately to write to the Blairs asking for their assistance after all other available avenues of redress had failed me (http://englandcalling.wordpress.com/2011/02/15/is-it-in-the-blood-and-the-hypocrisy-of-the-media/).

9. A letter addressed to the new head of Operation Elveden Deputy Assistant Commissioner  Steve Kavanagh dated 21 January 2013.  A copy of this is below.

On the 23 January 2013 I received an email advising me that the information I had given had been forwarded to Operation Elveden and a message was left on my answerphone   asking me to contact Operation Elveden on Friday 25 January.

That the two PCs found the matter somewhat daunting is  unsurprising as  it has a very heavy political loading  because of the involvement  Tony and Cherie Blair who had attempted to have me prosecuted during the first week of the 1997 General Election campaign under the Malicious Communications Act. So weak was this complaint that,  despite the Blairs’ celebrity and Labour’s  almost certain  win in the election which would make Blair Prime Minister, the Crown Prosecution Service rejected the complaint with a  firm NO CRIME on the same day it was submitted to them by the police for guidance.

I have restricted my complaints to Operation Elveden strictly to that which is within their remit.  However, these examples of criminality and misbehaviour by those with power or influence are only a small part of the overall story of the Blair Scandal.   My experience from 1997 to 2007 when Blair retired was of being in  a Kafkaesque world in which,  despite being subjected to harassment which ranged from death threats and an internet campaign which attempted incite violence against me to regular interference with my post, the police did not solve any of the crimes which I referred to them. This was scarcely surprising as they ignored the evidence I provided, no matter how strong it was.  The most blatant example of this behaviour was the failure of Det Supt Jeff Curtis of Scotland Yard  to question Piers Morgan and Jeff Edwards of the Mirror about receiving information illegally from the police even though they had the  letter from Morgan admitting he had received information from the police.  The Crown Prosecution Service and the Police Complaints Authority  backed up the failure of the police to investigate meaningfully or sufficiently by refusing any complaints of police inactivity which I referred to them.

The complicity of the elite went  far beyond crime. The mainstream media engaged in a conspiracy of silence after the publication of the Mirror story, neither allowing me a public voice nor even following up the Mirror story ;  The PCC repeatedly failed me; my MP Frank Dobson refused to help in any way, as did  institutions such as  Liberty  and the Index on Censorship. If I went to lawyers they would blanche as soon as they found the Blairs were involved and refused to act for me.

If I manage to get Operation Elveden to prosecute Blair and Edwards, it may be possible to bring the larger story to the mainstream media.    Let us hope so because one thing I can vouch for from long personal experience is that where people  with power and influence are involved the laws which govern us fall rapidly into abeyance.

———————————————————————————————————————————-

To

Deputy Assistant Commissioner  Steve Kavanagh

Operation Eleveden

Metropolitan Police

New Scotland Yard

8/10 The Broadway

London  SW1H OBG

(Tel: 0207 230 1212)

21 January 2013

CC Gerald Howarth MP

mark.lewis@thlaw.co.uk

 

Dear Mr Kavanagh,

I submit conclusive evidence that (1) the editor of a national newspaper  received information from the  police illicitly and (2) when questioned under oath at the Leveson Inquiry committed perjury by denying that he had ever received information illicitly from the police .

Piers Morgan

The editor in question is Piers Morgan when he edited the Daily Mirror.  The evidence of his receipt of information is beautifully simple: he admitted this in a letter to the PCC dated  16 October 1997 in which  he wrote “The police source of our article (whose identity we have a moral obligation to protect”.  If the information had been given legitimately there would be no reason for protecting the source.   Nor, because no charges were laid or investigation made, could there have been a legitimate reason  for releasing  the  information. A copy  of the letter is enclosed.

The  letter was sent to me after I complained to the PCC about a dramatically libellous article Morgan published about me on 25 March 1997  (copy enclosed).  The illicit information related to complaints made about me by Tony and Cherie Blair to Belgravia Police  in March 1997. I had written to them seeking their help and,  when they refused, I circulated copies of my letters and  the replies I received to the mainstream media at the beginning of the 1997 election campaign. The Blairs did not go to the police when I sent the letters, only after I circulated them to the media.  The  complaints  had so little substance  that they were dismissed by the CPS with the ruling “NO CRIME” within a few hours of them  being submitted to them for guidance by Belgravia Police.

The odds must be heavily on the  Mirror having paid for the information because it is difficult to see what other motive  a police officer would have for  releasing such information.  However, by accepting information illicitly from the police, whether or not money was paid, offences relating to Misconduct in a Public Office and  the Official  Secrets Act were committed, both by the police officer and Mirror employees including Morgan.  If money was paid by the Mirror to the police officer,  further offences arise under  the laws relating to corruption.

The evidence of Morgan’s  perjury before the Leveson Inquiry is contained in the copy of my submission to the Inquiry informing them of the perjury dated 22 December 2011 which I enclose.

I ask you to investigate both Morgan’s receipt of illicit information from the police and his perjury before Leveson.

Jeff Edwards

In addition to Morgan’s perjury, the Mirror reporter who wrote the story about me, their then  Chief Crime Reporter Jeff Edwards, also committed perjury before the Leveson Inquiry by denying ever receiving information illicitly from the police.   The details are included in the copy of my submission to the Inquiry informing them of the perjury dated  25 March 2012 which  I enclose .

As Edwards was the reporter who wrote the story to which Morgan referred in his letter to the PCC, he must have been the person to whom the police officer referred to in Morgan’s letter gave the illicit information. .

I ask you to investigate Edwards for his receipt of illicit information from the police and his perjury before Leveson.

The original police failure to meaningfully  investigate my complaint

In 1997 I made a complaint about the illicit supply of information about me by the police to the Mirror. The case was handled by Detective Superintendent Jeff Curtis of Scotland Yard .  No meaningful investigation was undertaken because, as Det Supt Curtis eventually admitted to me during a phone call, the  “investigation” was ended without anyone at the Mirror being  interviewed; not Morgan, Edwards or anyone else.   I enclose my final letter to  Det Supt Curtis dated 2 December 1999, Det Supt A Bamber’s reply to that letter 13 December 1999 and the PCA’s letter dated November 1999  refusing  to investigate further. This again is self-evidently absurd because of the  failure to question Morgan and Edwards.

I ask you to investigate Ian Curtis for perverting the course of justice by failing to investigate conclusive and incontrovertible evidence of  a serious crime.

Yours sincerely,

 

Robert Henderson

Gay Marriage, political correctness and Newspeak

Robert Henderson

The commonly made objections to Gay Marriage are  (a) marriage is traditionally between a man and a woman, a fact underpinned for  many opponents by religious beliefs that only a man and a woman can be  married,  (b)  claims that  expansion of the definition of marriage to include same sex relationships will  undermine the family  and  (c) such a novel status creates a legal anomaly whereby homosexual relationships  become in some areas privileged over  close non-sexual relationships between people of the same sex, for example, two elderly spinster sisters  living together.

The problem with these objections is that although they have a considerable moral traction to the supporters of marriage as being between a man and woman ,  they are not intellectually conclusive.  Supporters of gay marriage can point to the  differences in what counts as marriage in different times and places – everything from pristine monogamy to polygamy and polyandry.  Religious justifications for opposition will cut no ice with those of no religion or  those of a different religion or strand of a religion. In addition  civil partnerships  already create much the  same legal as situation as gay marriage would do.  Unless the opponents of gay marriage also oppose civil partnerships,  and many do not,  they do not have much of a case if they wish to base their argument on the damage to the institution of  marriage deriving from the formal  legal equality gay marriage would bring. (http://www.adviceguide.org.uk/england/relationships_e/relationships_living_together_marriage_and_civil_partnership_e/civil_partnerships_and_living_together___legal_differences.htm).

But opponents of gay marriage need not despair. There is an objection which is far more powerful and  fireproofed against finessing and abuse.   It can appeal to people of  widely differing views because it is not attached to any of the direct arguments for and against gay marriage. It is also beautifully simple: in a free society language should evolve naturally through common usage.  If governments are allowed to change the meaning of words by redefining them in law  we are  in the realm of 1984 and Newspeak .

The purpose of Newspeak was beautifully simple. It was to make whatever thoughts were deemed undesirable by the party impossible to formulate. This was done most radically by removing words from the vocabulary.  For example, negative words such as bad and  poor were not available in Newspeak. To say something was bad or poor the Newspeak user had to say ungood which could be heightened to plusungood or doubleplusungood.  It was still possible to signify that something was bad or poor in Newspeak, but it could only be done using words which were much less emotionally potent because they were both new and had echoes of the positive word good.  (Orwell wrote an appendix to 1984 which developed the idea of Newspeak considerably to show how dangerous control of language can be.).

Newspeak also altered the meaning of words by simply  redefining them. Most famously the Party Slogans in 1984 are:

War is peace

Freedom is slavery

Ignorance is strength

That is what the proponents of gay marriage are doing. In England  marriage  has always  meant one man and one woman.     To alter the word to mean any sexual combination is to deny  its usage in England from time immemorial. Moreover, whatever the variations on marriage or sexual cohabitation that have existed and may exist today in other parts of the world, one thing is certain: marriage has everywhere been a heterosexual relationship. A more radical change in the meaning of a word  it is difficult to imagine.

If  gay marriage does pass into law it will  become unreservedly  illegal for any corporation or individual offering a product or service to treat a homosexual marriage differently from  that between two heterosexuals.   It is also probable in the increasingly authoritarian imposition of political correctness generally that a refusal to recognise relationships between two people of the same sex as a marriage  will be treated as a hate crime.

A re-definition of marriage also  leads to other related words –  adultery, divorce, consummation (of marriage)  - being  of necessity redefined  so that behaviours and events which now only concern heterosexual relationships also concern relationships between those of the same gender.  In addition, it will mean the removal of the terms mother and father from  many laws and legal documents.

Granting the right of marriage to homosexuals is  taking away something from  heterosexuals  not simply giving something to homosexuals. That something is  the institution of marriage being their  sole possession, of being something special to them.  Nors would there be true equality between homosexual and heterosexual marriages because  there can be no possibility of children in the case of the former. It is true that some marriages between men and women are childless,  but the possibility is there  and in the overwhelming majority of cases  also the intent to have children.  In addition, gay marriage would raise other awkward questions such as the question of  the prohibition against  siblings  marrying. As there would be no question of children the banning of  sibling marriage – either two brothers or two sisters  marrying – would have little force on rational grounds .

The drive for gay marriage is part of the general  plan of the politically correct to force their ideas onto society as a whole.   This  requires people to  deny reality and accept that which is abnormal as  normal.  Objectively homosexuality is abnormal because most do not practice it.  Objectively, men and women fundamentally differ because their biology and biological functions  are  different .   Objectively discrimination generally is not an evil but a necessary part of existence,  for all animals including homo sapiens because to make a choice is to discriminate. Objectively  discrimination on the grounds of race and ethnicity exists universally  and to suggest that this is the result of  social conditioning arising in every society across the world stretches credulity  far beyond breaking point.

A fundamental tool in enforcing  such ideas is the redefining of words by the exercise of power.  The push for gay marriage is simply a symptom of   something much more sinister: an  attempt to change not only the outward appearance of society radically but to persuade people to  believe that the wholesale calling of black white involved in political correctness is reality itself or failing that to come to believe that  denying the maxims of the creed is dangerous.  It is the stuff of Year Zero, a mentality that can lead to any abomination. .

Leveson Inquiry – Leveson makes me (and possibly others) a non-person

Robert Henderson

The Leveson Inquiry report was published on 29th November. The  executive summary   is at  http://www.official-documents.gov.uk/document/hc1213/hc07/0779/0779.asp

The full Report is at http://www.official-documents.gov.uk/document/hc1213/hc07/0780/0780.asp

I have only been able to have a quick glance at the 2000 odd page document but I have found something very strange. I have become a non-person in Leveson World. There is a long list of those making submissions to the Inquiry . I made very substantial submissions to Leveson – my initial submission can be found at http://livinginamadhouse.wordpress.com/2011/11/25/the-leveson-inquiry-the-blairs-the-mirror-the-police-and-me/ .

Leveson’s report contains a long list of the names of those who made submissions – see – http://www.official-documents.gov.uk/document/hc1213/hc07/0780/0780_iv.pdf  page 1839 volume IV.    My name is not in the list.

Not content with refusing to allow me to appear as a core participant or an ordinary witness,  Leveson has deliberately excluded any evidence  that I made  submissions.  It would be interesting to know if any other people who made submissions  have had their names omitted.

Such an omission  is most irregular. Where submissions are solicited by an official inquiry,  the submissions,  or at least a note of who has made submissions,  are routinely included in an appendix to the report.

Why is Leveson so determined not to have my submission to his Inquiry suppressed? Amongst other things   I provided him with

1. A  letter from Piers Morgan to the PCC when he was Daily Mirror editor admitting that he had received in formation from the police in circumstances which can only have been have been illegal.

2. Evidence that Morgan and his one-time Mirror chief crime reporter Jeff Edwards had committed perjury under oath before the Inquiry .

3. Evidence that the police conducted an “ investigation” in the Morgan letter   to the PCC without questioning Morgan or anyone else at the Mirror.

4. The abject failure of the PCC to address  my complaints of the most serious libels against me.

5. Huge evidence of press abuse of me.

Details of these issues and my  extended correspondence with the Inquiry can be found at:

The Leveson Inquiry report was published on 29th November. The  executive summary   is at  http://www.official-documents.gov.uk/document/hc1213/hc07/0779/0779.asp

The full Report is at http://www.official-documents.gov.uk/document/hc1213/hc07/0780/0780.asp

I have only been able to have a quick glance at the 2000 odd page document but I have found something very strange. I have become a non-person in Leveson World. There is a long list of those making submissions to the Inquiry . I made very substantial submissions to Leveson – my initial submission can be found at http://livinginamadhouse.wordpress.com/2011/11/25/the-leveson-inquiry-the-blairs-the-mirror-the-police-and-me/ .

Leveson’s report contains a long list of the names of those who made submissions – see – http://www.official-documents.gov.uk/document/hc1213/hc07/0780/0780_iv.pdf  page 1839 volume IV.    My name is not in the list.

Not content with refusing to allow me to appear as a core participant or an ordinary witness,  Leveson has deliberately excluded any evidence  that I made  submissions.  It would be interesting to know if any other people who made submissions  have had their names omitted.

Such an omissions  is most irregular. Where submissions are solicited by an official inquiry,  the submissions,  or at least a note of who has made submissions,  are routinely included in an appendix to the report.

Why is Leveson so determined not to have my submission to his Inquiry suppressed? Amongst other things   I provided him with

1. A  letter from Piers Morgan to the PCC when he was Daily Mirror editor admitting that he had received in formation from the police in circumstances which can only have been have been illegal.

2. Evidence that Morgan and his one-time Mirror chief crime reporter Jeff Edwards had committed perjury under oath before the Inquiry .

3. Evidence that the police conducted an “ investigation” in the Morgan letter   to the PCC without questioning Morgan or anyone else at the Mirror.

4. The abject failure of the PCC to address  my complaints of the most serious libels against me.

5. Huge evidence of press abuse of me.

Details of these issues and my  extended correspondence with the Inquiry can be found at:

Tag Archives: Leveson Inquiry

Piers Morgan, perjury, the police, the Leveson Inquiry and  Denis MacShane

Note: I attended an Orwell Prize meeting on 24 October at the Frontline Club in Paddington.   The erstwhile Labour Cabinet Minister Denis MacShane  was one of the speakers.  The subject was the misbehaviour of the police and their relations with the media. When questions from the audience were called for I  told the meeting about Piers [...]

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

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Leveson Inquiry –    Politicians and the Press

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The Leveson Inquiry and the suppression of evidence

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Leveson Inquiry: sabotaging deniability

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Referral of Piers Morgan’s perjury to the Leveson Inquiry

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Piers Morgan lied to the Leveson Inquiry

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The Leveson Inquiry: a shameless attempt to censor my evidence

RE: Submission to the Inquiry involving media abuse and the buying of police info Tuesday, 29 November, 2011 13:26 From: “Leveson Inquiry General Enquiries”View contact detailsTo: “robert henderson”Dear Mr Henderson, Thank you for your submission which has been received by the Inquiry Team.  You will appreciate that we have received a large amount of evidence [...]

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How the rich and powerful get away with murder: a look behind the elite veil

Robert Henderson

The cataract of misbehaviour by those with power, wealth and influence flows ever more freely into the British media.  Presently  we have the  ever expanding Jimmy Savile paedophile revelations – especially with reference to the BBC – and the drug taking amongst cyclists headed by Lance Armstrong hogging the headlines.  Following the nationalisation of  Northern  Rock in 2007  there has been  the never ending story of  recklessness, greed, selfishness and outright criminality of  bankers and their close cousins in the finance industry.  For the past year the Leveson Inquiry has been  turning over the stones hiding the  immoral behaviour of those in the British press and the collusion between the press and the police, most notably in the supply of information  by the police to the press  (and doubtless  to broadcasters as well). The scandal of greed and in some cases outright criminality of British politicians, both elected and unelected, in filling their pockets  from the public purse for bogus expenses continues to this day with the revelation that some MPs are claiming expenses for London accommodation when they already have a property there and then renting out one of the  properties  to other MPs , a fact that they tried with the Speaker’s support to censor, while the one-time Labour minister Denis McShane  has been caught forging invoices from a non-existent organisation which he submitted to the taxpayer for payment.   To all that can be added a practice which effectively legalises corruption, namely, the allowing of politicians and public servants to take well paid sinecures or act as lobbyists for organisations which seek government contracts and other favours such as amending legislation to make it more favourable or dropping proposed legislation within two years of leaving office or public employment.

It might be thought that all of the serious scandals have been  brought to  public attention.   Not a bit of it.  Those with [power wealth and influence in Britain  routinely manage to escape the consequences of behaviour which if committed by the ordinary man or woman  would result in the loss of their job at best and criminal charges at worst.  Frequently not only are the consequences of immorality avoided by the powerful and influential, their behaviour is hidden from the public because they never make the mainstream media.  In addition,  they suppress stories which do not involve their own misbehaviour but  are embarrassing to them or  damaging to someone associated with them.

To take a few examples from this website of stories involving the powerful and influential which have never made it to the mainstream media.  There is the  attempted suicide of Tony Blair’s daughter in 2004,  the refusal of Lord Leveson to investigate  Piers Morgan’s admission in a letter to the PCC  of having received information from the police in circumstances which can only have been illegal and Gordon Brown’s illegal interference when prime minister with the bidding for a prime piece of  publicly owned  London land . These stories can be respectively  found at

http://livinginamadhouse.wordpress.com/2010/10/02/the-blair-daughters-attempted-suicide-and-the-publics-right-to-know/

http://livinginamadhouse.wordpress.com/2012/10/25/piers-morgan-perjury-the-police-the-leveson-inquiry-and-denis-macshane/

http://livinginamadhouse.wordpress.com/2012/09/09/the-new-leader-of-the-greens-knows-how-to-keep-mum/ )

But the most dramatic story on the blog which has been suppressed by the mainstream media is Tony and Cherie Blair’s unsuccessful attempt to have me prosecuted during the 1997 General Election Campaign and their subsequent use of state power to harass me.  The details can be found  at http://livinginamadhouse.wordpress.com/2010/10/26/when-tony-and-cherie-blair-tried-to-have-me-jailed/.

But it is not only the media who are complicit with the powerful.  Politicians, those supposedly responsible for upholding the law – the police and the Crown Prosecution Service and judges -  and the various bodies and individuals employed to enforce codes of practice all engage in behaviour designed to prevent the powerful and influential being brought to book. Time and again members of the British elite have well documented  cases of  criminal behaviour referred to  police and they do result in prosecution.  Time and again misbehaviour, whether criminal or simply immoral, is referred to bodies such as the Standards and Privileges Committee . The cases of Adam Werrity (who falsely represented himself as a special advisor to the then defence minister  Liam Fox (http://www.bbc.co.uk/news/uk-politics-20159699) and the previously mentioned McShane (whose behaviour was deemed not to be criminal by the police despite his forging of invoices to gain thousands from the taxpayer) are good recent  examples of these types of behaviour and the refusal of the Metropolitan Police to investigate Peter Mandelson’s  false declaration on a mortgage application form a particularly blatant example from the past (http://livinginamadhouse.wordpress.com/2011/07/07/laws-are-for-little-people-the-mandelson-mortgage-fraud-cover-up/).

The public rarely gets to see behind the scenes to see the mechanics of how things are fudged and covered up.  I can lift the veil a little from direct experience. In 2000 I spent more than an hour with the then Parliamentary Commissioner for Standards Elizabeth Filkin.  The interview was recorded and a transcript is below.

I made a number of complaints to Filkin regarding the Blairs and  my MP Frank Dobson’s response to my request for  assistance after Blair had tried and failed to have me prosecuted.  (I also made a detailed submission to Filkin regarding Mandelson’s mortgage application).  Filkin was absolutely determined not to   get involved with the Blair and Dobson complaints and tried to prevent the meeting at the last minute as you will see from the telephone message above the transcript.  Nonetheless I did manage to work the subject of Blair into the interview  on the question of the Code of Conduct for MPs. In the end Filkin was reduced to saying in effect that she did not hold MPs to the standards of the Code of Conduct and the interview generally shows how impossible it is for someone without power, wealth or influence, in this case me, to get any action taken over elite misbehaviour.

Robert Henderson 5 11 2012

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Telephone message left on Robert Henderson's answerphone 2/5/2000 by Mrs Elizabeth Filkin, The Parliamentary Commissioner for Standards in Public Life.

EF: Good morning Mr Henderson. It's Elizabeth Filkin. You may like to return this call. I am happy to meet you tomorrow as I have agreed, but I am not happy to discuss any of the matters that are in your letter of the 24 of the fourth which I have received today. Those are all matters that you have written to me about, that I have considered and I am not willing to take further. If you have got other matters to talk about you are welcome to come tomorrow, but if these are the only ones that are outstanding, I am afraid there is no point in meeting. Perhaps you will let me know.

Interview between Robert Henderson and Miss Elizabeth Filkin, the Parliamentary Commissioner for Standards in Public Life on 3rd may 2000. The interview began at 11.01 and ended at 11.55 am. Mrs Filkin was aware that the recording was being made and agreed to it being made.

RH: I will send you a copy of the tape afterwards, obviously. Now, as we didn't speak yesterday Mrs Filkin, I am a little bit in the dark about exactly what the problem was with discussing the other matters. I haven't come along to break my word and say I am going to try and raise those matters, but if you can just clarify exactly why you won't discuss the matters which I have already raised with you.  I...go on, sorry...

EF: Let me say immediately, I am happy to discuss anything, but I am not happy to re-open and waste your time with a discussion of whether I'll look into the complaints that I have  already looked at in great detail from you and decided that they aren't things that I can look at. And please be clear about it, I am not in any way saying that I am not sympathetic and I am not in any way saying that it might be that some of the these other matters ought to be looked into by other bodies. What I have said are that they are not matters I can look into. What I didn't want to do is, obviously, to waste your time, so that's why I informed you and that's my position.

RH: Right. I presume that if I have got new evidence on these matters you wouldn't say automatically you wouldn't look at the evidence.

EF: No, of course not. If you have new evidence you should write to me and put that to me.

RH: Well, I will do that obviously.

EF: And, of course, as always I will happily look at it. But if, as numbers of your complaints did, they relate to peoples activities as ministers or prime ministers, they are not for me. I cannot look into those things. I have no mandate to look into those things.

RH: That is one of the matters I want to discuss with you this morning,  that is the question of the Code of Conduct of members, because I don't want to waste your time anymore than you want to waste my time. Now, as I understand it, correct me if I'm wrong, but  the Code of Conduct for members comes within your remit, yes?

EF: That's so.

RH: Right. Now you see this is where I have a big difficulty with you, and you know I have asked you the question over and over again, it's on this particular one []and there are several parts of it, but on one particular one – it’s the “Members shall at all times conduct themselves in a manner which will tend to maintain and strengthen the public’s trust etc.” All right? Now, could you give me some sort of guidance on what you think that particular part of the Code of Conduct would actually cover, I mean if it doesn’t cover going to the police and making allegations which they must have known were bogus, I can’t see what purpose it serves.

EF: I can’t tell you what the House, the people who made those decisions, what they meant by their Code of Conduct, should mean. All I can do is say to you is that I have a job which is if I get a complaint from…about a member of parliament’s conduct I have to look at it against that Code of Conduct and I have to make a judgement as to whether – the first thing I have to do is make a judgement as to whether what the person has done is in any way in relation to their [duties] as a member of Parliament. And then of course I have to make a judgement I believe that they have acted in good faith or not.

RH: Can I just butt in there because it does seem to me that - to be honest with you I don’t envy you having to try to sort the bones out of it because a lot of this is simply unrealistic and if was actually put in to operation the whole of the House would come to a dead halt. But at the same time you will see from my own point of view that I must press it, even though I may realise, as an ex-civil servant, that it is not the easiest thing…

EF: I totally understand that if as you say anybody has made bogus allegations about you or about anybody else that is awful and it’s very distressing.

RH: But, it is particularly dangerous when it is the Prime Minister and his wife.

EF: Well, I don’t want to get into individuals..

RH: Well, I…

EF: I am not going to get into individuals.

RH: These are the complaints I have…

EF: I am not going to get into talking about individuals. What I am saying to you …I fully understand that it is very distressing, and it happens to a lot of people in public life and it’s very distressing, but it seems to me that.. there isn’t something that I need to look into.

RH: But surely it would breach that particular …

EF: Just let me finish. Because if a person, whoever they are, makes an allegation to the police, it seems to me that the police then have, as the properly constituted authority, whose job it is to look into it the complaint and dismiss it if there is nothing there, which they do every day and therefore it is no task for me to re-enter that and if a person has raised an allegation about you and the police have looked into it, and [dismissed it], as far as I am concerned that’s the end of the matter. I am not going to double track other authorities or other bodies who have powers and activities to carry out these investigations.  So I am not going to get into that.

RH: Well, you see there is the non-legal point about this. You have got the man who is the prime minister – and I can’t avoid raising his particular name  or position  simply because he went to the police and he did so in his position as leader of the opposition and also in his position of prospective prime minister and he did that in the first week of the election campaign and he tried to get me put in prison. Now, the fact that he is also a barrister and his wife is a QC, seems to me to suggest that they should have been in the position to know – well you’ve read my letters to them – they should have been in a position to know that in fact my letters could not possibly have constituted any criminal offence  whatsoever. All right?

EF: That’s a matter for the police and I leave it to them.

RH: It comes into conduct as well, because it is obviously sinister if you have got a senior politician attempting – because he only went to the police after I had circulated my letters to the media – it’s very sinister just as behaviour to try to go to the police to get me prosecuted on charges he must have known were bogus in an attempt obviously to both discredit me and silence me is sinister. Now, there is also the fact that – I don’t think you have ever seen the original stories [RH produces Mirror and Daily Record stories] – but in fact two weeks after, or slightly less than two weeks after these were published – that was on the front page and that was the actual story. Now, I really do not believe the Mirror would have published a story like that without Blair’s say-so and every single journalist I have spoken to has fingered Alistair Campbell for it, all right? Now,  you have read the text of that because you have read “The  criminal acts of Tony and Cherie Blair. This also appeared on the same day in the Daily Herald, all right, sorry the Daily Record up in Scotland which is the Mirror’s sister paper. Now that again isn’t criminal behaviour as such unless you want to call it criminal libel which I would, but it again would come within the ambit of this “member shall at all times conduct themselves in the manner.”

EF: Mr Henderson, I fully appreciate your point of view. Don’t think that I don’t understand, I fully understand and I understand your distress. I have no issue with you about that. What I have said to you that I am not going to investigate this and I say it to you again, I am not going to investigate this – you can go talking about it if you want to – but I am not going to investigate again, you can go on talking about it if you want to – but I am not going to re-open any investigation, which has already been looked at by the police. That is not my job.

RH: I am not actually making a complaint about the police here, I am making a complaint about his [Blair's]  general behaviour of attempting, as a senior politician, of attempting to stifle debate by going to the police, because,  as I say,  he only went  to the police  six weeks after my last letter to him. So he didn’t go there because he was frightened of what the letters were, he went there because he wanted to discredit me and,  when he couldn’t get the police to do his dirty work, or the CPS , he got those out into the public fold [in the Daily Herald] and the Mirror, which as I will show you in a letter in a moment which you haven’t seen before, actually admits that they never saw the letters before they published that story.

EF: That’s an issue for the [Press] Complaints Commission.

RH: Well, again you can’t divorce the story from Blair, because as I say to suppose the Mirror would have published [on their own initiative] that story at that time when Blair was enduring the six most important weeks of his life is plainly absurd. But I don’t want to get too sidetracked into that. I still cannot see for the life of me how Blair’s behaviour in going to the police and then putting that out – I don’t think anybody you know who was a disinterested third party would have much doubt that he was involved in that. Then, on top of  that, having moved the security services to open up a file on me and keep me under surveillance – they’re still doing it because I have got the evidence from the post coming through the door. All right? Now we are talking about three years afterwards and they are still doing it, and I  suspect that they are tapping my phone as well.  I can’t actually prove that because the modern means of phone tapping are so subtle that you just haven’t got a clue whether they are[tapping]  or not. But if they are opening my post three years afterwards, I have got to assume they are doing that and I have got to assume that they are also reading all my e-mail traffic Now, again, that is only something which is being done on Blair’s say-so. Blair could stop that tomorrow just by issuing an instruction, but he is not doing it. And again that would come, I would argue most strongly, within this “Members shall at all times…” etc.

EF: Well, I understand your point of view.

RH: But what I have never had from your letters is a detailed explanation of why you do not think that covers not just Blair’s [behaviour] but also all the others [of whom I have complained] . Don’t think  for a moment that I am only interested in Blair, I am also interested in all the other ones including…

EF: I am afraid you are not going to get a general explanation, because it’s not mine to give you. That’s the House of Commons’ responsibility.

RH: Yes, but you have to interpret it, don’t you?

EF: My job is to look at individual complaints and decide whether there is anything in there which I should properly investigate and if it befalls to investigate it and which as you know I did in relation to and I shall do so again if I believe it comes within my remit and I shall do it as vigorously as I did that in that case. So there is no issue as far as I am concerned I am not of the view that a member of the public or a member of the cabinet, or the leader of the Opposition, or the prime minister or anything else going to the police and making an allegation which may be totally untrue and regrettable is in itself something which I should look into because I believe…

RH: How does that not bring the house into disrepute?

EF: I don’t think it does. That is a job for the police to get involved in, and if they find the complaints are bogus the person concerned if they wish can have a [summons issued] But it isn’t for me to look into and I have to say to you again I am not going to look into that. I have to say to you again that I am not going to look into it. It isn’t something for me.

RH: What about the newspaper stories?

EF: The newspaper stories are not for me, You have not produced any evidence that any member of Parliament has been putting out newspaper stories improperly.

RH: What about evidence which I think I have already given you but I will refer to it again, of Blair making inflammatory statements about me to the police? He describes me as…

EF: That’s for the police. That’s not for me to investigate.

RH: Well, again that’s his misbehaviour rather than the actual complaint.

EF: Well, I…

RH: Sorry, go on. I am just going to get something to show you.

EF: I can’t, I can’t say strongly enough that I understand the distress you feel about this matter.

RH: But it’s not just distress, I am still in danger because he can at any time have me arrested on a trumped up charge or whatever.

EF: I’m not in any way trying to belittle that, in any way, but I am saying firmly to you that it is not a matter for me and I am not going to investigate it and I am not going to comment further on it to you.

RH: Well, here’s some new evidence which you said you would look at if I wanted. Now that’s something I’ve got using the Data Protection Act. That’s a log from the CPS. Have a look at the line – I have put a asterisk against [it] ” – agreed a line to take with Mr Henderson”. This was when I was querying what the Blair’s were doing making complaints. Now as an ex-civil servant I know what “agreed a line” means and I am sure that you know what “agreed a line means”. It means we will concoct a story, quite often an outright lie, to tell to the general public or whoever is making the enquiry. And I’ve got lots more like that. []  I haven’t come along here to flood you with paper today because that would be unproductive, but again just one or two other documents, the Mirror – they admit they have had no…

EF: That’s a matter for them. It isn’t a matter for me. It’s a matter for the Mirror or the …..

RH: OK what about the [CPS]? Would you comment on the CPS?

EF: That’s entirely a matter for the police. If you think the police have acted improperly, i.e. that they have concocted as you think a statement with anybody improperly then take it up with the police complaints authority. It is not a matter for me.

RH: Shall I tell you what the complaints authority say. I did of course make a complaint, as you might well imagine, about all of this – well what I would describe it as a straightforward perversion of the course of justice – and what happened was the head of the complaints department, Commander Quinn, said he would not record the complaint. I then made  a complaint to the PCA. They say unless he records the complaint they can’t proceed with it. So we are in a ridiculous Catch 22 situation whereby all the police have to do to get rid of a complaint is not record it.

EF: That isn’t a matter for me.

RH: No, I am merely answering your question. What I am saying to you here, is that I have made a whole series of complaints at various times – about six on specific matters including the Blairs’ attempt to pervert the course of justice – and on every single occasion I have had the same response. They will go through the motions. They are frightened enough to send down a Det. Superintendent to take a statement from me in my flat, from Scotland Yard this was. Now, if you know anything about the police you will realise that to get a Det. Superintendent out on anything is very difficult and to get him to come out in person to take a statement is virtually unknown. So they are worried enough. So they go through the motions, but they will go never ever give me an explanation of why they will not proceed, even though,  in the case of the Mirror,  I have given them a copy of the particular letter which I showed you [] which actually says  that they got the information from a serving police officer in circumstances which obviously could only have been illegal , but they still will not go and investigate it. Now I am not saying that goes directly against Blair other than to show that for me to go and make complaints to the police is pointless.  I do make them because it is on the record then. But effectively what happens is that whenever a complaint is made involving Blair or someone peripheral to the Blairs they won’t investigate it honestly. Sometimes it’s as corruptly done as Quinn did it, other times they get to the stage where they are worried enough to actually send people out to take statements, go through the motions then do nothing. All that happens is that you get something back from the CPS that says we are not proceeding for lack of evidence, which of course they will never actually elaborate on. So what I am saying to you is essentially unless I can get Blair out into -the Blair story out into the open, I am in danger, because I have got no protection, the police won’t protect me.

EF: I understand your position.

RH: I cannot even get a lawyer.

EF: This isn’t something I can take up.

RH: Well I would say that it…Ok, I will not belabour the point.

EF: I can understand your point of view, but it isn’t a matter that I can, I am, going to investigate. I am not going to investigate it.

RH: All right, as I say I am not going to belabour the point because there are other genuine matters I want to raise today as well.

EF: Fine, let’s move on shall we.

RH: I do think I still haven’t got an explanation of why – I know I keep coming back to this but is really the heart of the matter – why the sort of behaviour I have been describing this morning and also the behaviour of Dobson my MP as well [is not within your remit]… I mean that again is surely something which comes within the Code of Conduct. Actually there is another point isn’t there which actually puts [RH refers to Code of Conduct] right, ” members have general duty to act in the interests of the nation as a whole and a special duty to their constituents”. How has Dobson done that when he won’t actually investigate my complaint when I take the Mirror story to him?

EF: It isn’t my job to look into how a member of Parliament deals with Individual constituents.

RH: Well it says differently there. It says a special duty to his constituents.

EF: Yes, but that is not part of what I am required to do.

RH: Sorry, how would you interpret that statement then “a special duty to their constituents.

EF: This is a general, if you like, entreaty that they make to their own Code of Conduct to there members about the sorts of behaviour they would expect of an MP and those things are in writing in those terms. But the individual – how a member of parliament a decision on an individual case to pursue matters a constituent or not is up to the MP and I am sure you can understand that. Members of Parliament have whole range of different constituents, with a whole range of different views and a whole range views and a whole range of different things and they have to make judgements all the time about what they do or not pursue.

RH: I can accept your explanation [in as much as ] I am quite sure that is how MPs would like the system to work.

EF: All I can tell you is that my remit does not run to investigating these things.

RH: So,  effectively, your remit doesn’t run to the code of conduct for Members of Parliament?

EF: That is not true. I use the Code of Conduct against which I judge whether or not Members of Parliament have acted Parliament wished them to do. I ideally use it as my guide as though I …

RH: It does say special duty.

EF: … Is how members of Parliament have dealt with individual requests from individual constituents. I have to say that sadly to many members of the public daily because of course many members of the public come to my office with concerns about how their member of parliament has proceeded and that isn’t something I may look into.

RH: Well, again…. OK you use it as guide. Now, it doesn’t say a general duty in that particular part of the Code of Conduct, it actually says they have a special duty to their constituents. I mean, how would you honestly interpret that? I am still not clear how if you are using it as a guide…

EF: I am not happy with this conversation.

RH: Well…

EF: I am trying my best to answer your questions. What you are then doing is saying you disagree me. I understand you that you disagree with me and I respect your disagreement, but I don’t then have to say anything different.

RH: Well, I’m asking for clarification.

EF: I’m sorry, I have got nothing further to say on that. I have done my best to give you an answer.

RH: OK. Fair enough. I mean a non-answer is often more useful than an answer as such.

EF: I resent your calling my description…

RH: Well, I have asked you…

EF: of what the standards and privileges committee made clear to me which is that I do not investigate complaints about how an MP treats an individual constituent as a non-answer.

RH: No, no, I wasn’t saying that was a non-answer.

EF: It is a non-answer it is not a non-answer. It is an answer.

RH: No, no, I wasn’t saying it was a non-answer to that. It was my next question of how you would interpret the phrase “special duty to their constituents”.

EF: I interpret that as I already as I have already explained that members of Parliament do of course have a special duty to their constituents above other people in the country and that’s generally accepted.

RH: Right, so again – I am not going to belabour it if you don’t want to answer – but if they have got a special duty to their constituents that must mean they must act reasonably towards those constituents. I think that would be inherently implied. Would you disagree with that?

EF: I am not going to continue with this.

RH: No OK, if you don’t want to answer…

EF: It’s a waste of time.

RH: OK. I did preface my statement with the fact that I wasn’t going [further] if you do not want to answer the questions – I won’t be going to press it. Now, I have got quite a lot of stuff being passed to me by MPs at the moment, but  as you only came back to me yesterday with the statement that you weren’t willing to discuss the letters, sorry the complaints, I had already put in, as you will appreciate,  I did not have time to amass a great deal of [new] stuff.  However,  I will go over one or two things with one of them is [already] public. Now,  you have probably heard the story of Jack Straw’s brother William?

EF: Yes…

RH: OK. He was arrested or went to a police station and made a confession concerning some illegal sexual acts with his son, all right?. Punch has actually published the basic details of it. Now this is the second time that – and the scandal here is that, or possible scandal, is that in fact he , that is the brother, has not been charged with anything, all right, even though he’s made a confession of serious sexual misconduct with his fourteen year old son. That’s all in the story, it’s not just me [saying it] . I originally came across it on the internet and then about a week or so afterwards Punch published it. Now I have written twice to Jack Straw and if you have a quick look through there…..

EF: That is not for me.

RH: Well hold on, let me finish what I am going to say. I have written twice to Jack Straw asking him to clarify that particular story because what the story is suggesting is that he, Jack Straw, has interfered with the normal police process.  I don’t think you can possibly say [that] didn’t fall within your remit.

EF: I have got no evidence. You have given me no evidence of that anyone has interfered with anything….

RH: I have…I have, because there’s no denying that Jack Straw’s brother has been to the police, right? This is part of the story. They have got quotes from the police, they have quotes…

EF: I cannot…

RH: Just one second. They have got quotes from the police, they have got quotes from the press office all right? And there is absolutely enough for you to start thinking about it, because…

EF: I’m not interested.

RH: Well…

EF: I cannot be interested. The Code specifically forbids me, I cannot be interested in what is a newspaper article. I have to have evidence, and, I’m sorry, I have to have evidence – that is required by the code before I can take an interest in investigating a complaint.

RH: What about Ken Livingstone? You did that purely on newspaper cuttings.

EF: I did not.

RH: The person who wrote to you supplied newspaper reports. That’s where he got his information from.

EF: I know, but people have to provide other evidence then.

RH: What other evidence could he have provided?

EF: I’m sorry I’m not willing to discuss [the] case.

RH: I am not talking about here – I’m not asking you to disclose anything confidential, what I’m saying to you is that the evidence was the newspaper, right? Plus obviously [details] in the published accounts.

EF: Sure.

RH: With this again I can understand it, Mrs Filkin, in a way,  and also why you are not acting on this, but I put it to you not just with Jack Straw, but with the Mandelson thing, with Robinson – I mean Robinson has been accused of the most fantastic fraud which you have already got details of in that EuroBusiness article. He has taken no legal action. Now,  there does come a point where one has to ask, you know, what exact evidence does one have to produce;  I mean, there you have got the fact that Straw is not denying his brother went to the police, right? He doesn’t deny it?

EF: There is nothing improper with people going to the police.

RH: No no, what I’m saying is that he does not deny that his brother has been to the police and has made a confession.

EF: Well, what’s wrong with that? If that’s the truth why shouldn’t he go?

RH: Because you then have the question of perverting the course justice. You’ve got to ask why hasn’t he been charged.

EF: Well, there are a hundred reasons why people are not charged I have no evidence of an improper reason.

RH: I will put it in writing to you and you can have a look at it at your leisure. These are all massively important accusations of misbehaviour. There is not one [which is trivial],  even the one about Gordon Brown. That is a serious piece of misconduct if it’s true. But some of the ones I have given you, particularly the one concerning Blair obviously, but again with somebody like Straw [it is important because of their positions]. It’s the Home Secretary; we are not talking about Joe Soap in the street , we are talking about the man who actually has  responsibility for law enforcement in this country. Now, it does seem to me reasonable that if the brother of that man is taken in, or goes to the police whichever it was, and makes a confession of a serious crime and no prosecution occurs or he is not even charged, then that in itself is a matter of public concern.  I mean not just of concern to me but of public concern.

EF: Yes, but is not anything I can deal with .

RH: Well, again,  I am not going to belabour the point on the code of conduct because you have already made clear what your position is on that. The only things I would ask you to reflect on after I’ve gone are these:  (1) what a general member of the public would think after they had read the Code of Conduct and then compared it with the action you are or are not taking, and (2), how it would be dealt with under judicial review. I know that this is a very difficult constitutional position because it’s only a motion of the House of Commons, which has set it up rather than a statute. Right? That’s correct isn’t it, the Code of Conduct is merely a motion of the House of Commons?

EF: The Code of Conduct and my office is not open to judicial review.

RH: Right, well, when you say that’s not open to judicial review I cannot necessarily see how that can be so as it’s not a statute. Because, all right, I can argue the constitution position…

EF: Do try and pursue a judicial review case if you want to. All I can do is give you the information which I have just given you.

RH: You see if it is only a motion of the House…

EF: I can’t get into this. I’m not a constitutional lawyer I’m not going to make any comment on it. I have just taken advice on that and I understand that is the situation. But you are welcome to challenge it.

RH: Right. Backing up the sort of thing which goes on in terms of not pursuing the law when it happens to be someone in the position of political authority, we have also got that – [copy of NoW story dated passed to Filkin] again that’s Blair’s father-in-law. He was nabbed for defrauding the Benefits Agency, defrauding the Child Support Agency and housing benefit. He wasn’t prosecuted. He had £10,000 in a Swiss bank account and he was also working at the time, right?  Now, as ex-Inland Revenue person I can tell you that meets all the criteria for the DSS to prosecute. OK?

EF: That is not a matter for me. If you think the DSS is acting improperly should prosecute there is a perfectly good way of getting that [ ] and you should do that.

RH: Well again it’s behaviour which is suggests that there is some political interference here.

EF: I’ve got no evidence to suggest that. What you say is that you have evidence that the DSS has acted improperly and if they have you should take it to the Ombudsman.

RH: Right. Now, we’ve got Mr Sheldon who is the chairman of your particular committee you report to, right?  Now, suppose I make a complaint about Mr Sheldon not disclosing some of his interests on the Register. How – what is going to be the position – I won’t go into any great detail today – what is actually going to be the position Mrs Filkin if…

EF: Everyone in the House of Commons is treated by me exactly equally and any member of any committee, any senior politician – and I would have thought by now that you would be aware of that from my published reports – they are all treated exactly the same with absolutely no fear no favour …

RH: I couldn’t agree with that in the case of the Mandelson report which I know intimately, but anyway go on.

EF: All I can say is you haven’t read it.

RH: I have not only read it, but I’ve written a substantial article which I sent you.

EF: Yes, you obviously haven’t read my report, properly, and… but what I assure you – I would have thought that the evidence was there but you disagree with it – but if I have any complaint about anyone whoever they are, whatever their position, of course if there is evidence to support it, then I will look into it.

RH: Right, but what about Mr Sheldon’s own position on the committee?  He can scarcely sit as chairman.

EF: That’s a matter for the committee and it’s a matter for the House. It is not a matter for me. My reports are written totally independently, totally independently. They are presented to the committee and the Committee would have to always make the decision about any complaint about any member of that Committee about what that person would do and would not do the committee would have to deal with it. And I have no doubt that they would deal with that absolutely properly.

RH: What would you consider to be absolutely properly.

EF: That is for them not for me. They would deal with it absolutely properly. Where anyone has the slightest influence in any matter, whether they be friendly or know anybody or whatever, they always declare it and they withdraw if necessary. So, there isn’t an issue about that. They are scrupulous about it. I and I have no doubt they would be scrupulous about any complaint about any member [inaudible three or four words lost].

RH: Well I heard you on the radio saying that you weren’t happy about the fact that Mandelson did not make an apology to the house.

EF:. That’s not what I said.

RH: Well, that was my interpretation.

EF: Well, it might have been.

RH: Well, you were obviously cautious being a public servant, but, nonetheless…

EF: That’s not what I said.

RH: How would you interpret it?

EF: I would not interpret it at all, I certainly didn’t say that.

RH: Suppose for example an hypothesis;  suppose the Standards and Privileges committee allowed Mr Sheldon to sit as chairman whilst considering your report on him. Would you consider that to be a resigning matter?

EF: I have no comment to make on hypothetical situations.

RH: All right. Now, I will just ask you one or two questions about…

EF: But do let me be clear, if you have evidence of any member of Parliament not registering interests which they should have registered, would you kindly let me have it. I would be pleased to have it and I will investigate if that is the case.

RH: Now one thing – you appreciate that I haven’t got the details of exactly how you operate.

EF: I will gladly tell you.

RH: But suppose… this is purely technical what I am asking you now. There is nothing contentious at all. But, suppose for example someone set up a couple of companies, all right, and those companies shall we say have dealings with other companies of which the first person isn’t a director – he is a director of the first two companies but not the other companies. But shall we say his wife was a director of the other two companies. Would that count as a beneficial interest?

EF: It depends on whether she has a shareholding. If she has got a shareholding that’s more than 1% of that company, yes, but not otherwise. The rules are very interesting as you will have seen from [] There are some things which members are required to show a spouse – that’s the word that’s used – but most of the items they are required in fact to disclose either spouses or partners interests.

RH: I appreciate again that it is difficult thing to administer because it’s a question of how long is a piece of string – up to a point. OK. But  there wouldn’t be any question if a person was an actual director of a company and hadn’t registered it, that would be I presume be just a straight open and shut case?

EF: Well, if a person is remunerated director then they are required to register it.

RH: Right, but if they are not a remunerated director then they are not? I can see the possibilities of lots abuse there but still. Someone else gets paid, it’s as simple as that.

EF: That’s what the rules are about, about financial probity.

RH: What I’m saying to you is that… I think you used to have some dealings with the Revenue, you were head of their…

EF: I was their adjudicator.

RH: That means that …the easy way to get round that is if the MP is unremunerated then someone else gets the payment.

EF: Well, if there is evidence, of course if there’s evidence of jiggery pokery to get round the rules on a technicality, then that’s, I, of course I would look into it.

RH: Well, I mean, if for example say a relative was being paid and the MP wasn’t being paid and both of them are directors, would you consider that prima facie evidence of possible misdoing?

EF: Not necessarily, no. You would have to find out whether the person who was getting paid was doing the work which they might well might.

RH: Right. Then I presume you would be willing to put the usual Revenue test of whether in fact whether the remuneration was in fact commensurate with the work they were doing.

EF: Well, if there was a Revenue issue. I would put it to the Revenue to look into.

RH: I wasn’t meaning that there was tax avoidance or anything like that. What I am saying to you is that what the Revenue commonly does is…

EF: Don’t worry I do know about that.

RH OK. What I am saying to you…

EF: What I would do. I am not willing to talk about a hypothetical case for fear of being misinterpreted. But I don’t wish to…

RH: Well……

EF: No, be very careful. What I would do if you provide me with any evidence that the rules may have been broken – it must be what I [inaudible word] – then I will look into it and if the evidence appears to show that people are getting round the rules in some technical way of course that would be against the spirit of Code and I would look into that. But I don’t then make an assumption that any individual is necessarily doing anything wrong. I would only come to that conclusion on the facts.

RH: You see what I would worry about here is, I mean purely from your own point of view rather than mine, is that if an MP isn’t remunerated but someone close to them is  remunerated, it would seem to me that that’s a prima facie conflict of interest there, because  he may well argue that he is pure as the driven snow and all this sort of thing, but if somebody as close as his wife,  just to take one example,  is getting substantial remuneration from the same source, or maybe even not as a director, he doesn’t even have to be a director, I mean, it’s one of the oldest scams in the world to put your director’s wife…

EF: it is also perfectly possible that it can be a perfectly legitimate business arrangement if you have two people who happen to be married to one another and working for the same business, one of whom decides that they want to be remunerated for a job, someone else who may well be in a job may not wish to take pay for it. That is a perfectly proper arrangement. What one would have to look at in any individual case whether or not it was proper.

RH: I would agree in normal circumstances that you could have a perfectly proper arrangement, and I’m not suggesting that there is any financial irregularity or tax avoidance, this is not what I am suggesting. What I’m saying is that in the context of the MP being an MP is there not a conflict of interest there? I mean…

EF: Well there may be, if you produce evidence that there is I’ll have a look at it.

RH: No, sorry, I’m obviously not making myself clear.

EF: You are making yourself totally clear. I am absolutely clear about what you are saying.

RH: What I’m saying to you is that regardless of any other evidence isn’t the mere fact that an MP has his wife…

EF: No.

RH: Then effectively it’s a dead letter..

EF: No, it’s not a dead letter, of course it’s not. If there is a situation in which two people married to one another or partners are working for the same business, one is receiving remuneration and one is not, if there is any evidence that there is [inaudible] bring it to me I will look at it. If there isn’t any evidence then I won’t be able to look into it.

RH: Yes, well again without belabouring the code of conduct, I would have thought, actually, that where you have got that close link …if someone is actually working for that company it would be relevant].   I’m talking about the wife or whoever is the non-MP, is working for that company and being remunerated by that company. I would have thought, that you know, that was a conflict of interest or a possible conflict of interest which needed to be declared.  All right, you may say that it is not within the…

EF: There are many conflicts of interest which you can have that the rules that parliament has laid down do not require to be registered. There are – you will know from your Civil Service experience – as a civil servant one has to declare many possibilities of conflict of interests which aren’t required of MPs. What’s required of MPs is what’s in that Code of Conduct. Those rules are very much about who pays the MP. Not about other monies that a person may have coming into their family or that other members of that family may have. That’s not what they are about. Now, you may think that the rules are no good and therefore you should be putting that point.

“RH: Well, actually, I think they are admirable rules, but it is just unrealistic to expect politicians to be actually bound by them. It’s like Chesterton’s old saw…

EF: No, well, if you think MPs ought to declare what their partners or spouses [have], then you ought to be putting a case to he Standards and Privileges Committee or to Lord Neil. They are the people to make that to.

RH: Yes, well, I shall doubtless do that in time when I get round to it. It does seem to me that is so broadly drawn as I said when we started off, I can see the problem from your point of view you of trying to enforce it, but it would seem to me…

EF: it’s not my job to enforce it.

RH: OK, be guided by it or whichever way you want to put it. The thing is, if that comes within your remit or guidance or whatever you want to call it, nonetheless it is so broadly drawn, I mean, it would cover well, well I mean, an unending multitude of sins.

EF: Absolutely, and indeed this is why the House agreed it in those terms so that the Committee if it ever decided could look into a wide range of things. What I am saying to you is what I interpret to be the wishes of the House in terms of what I should look into myself. I can only tell you that as best I can.

RH: Yes, I mean if it’s not confidential, I mean, have you had apart from the stuff you sent me, have you had any other written sort of guidelines or anything like that?

EF: Written guidelines?

RH: Well, I’m sorry, I don’t know what goes on behind the scenes. I mean have you had … maybe you sought some guidance from the committee, or something like that and they have given you guidance on how to interpret the Code of Conduct for example?

EF: Well, there are the odd occasions that you will know well. One of the complaints I had early [on] was about Mr Mandelson. When I read the Code of Conduct- and I had other complaints about him as you know from other people – when I read the Code of Conduct I was of the view that loans, concessionary loans between members, were not exempted from the Register. Many Members of Parliament, including Mr Mandelson believed they were and that was his reason for not having registered that loan. I said I can find no exemption in the rules. But I said to the committee you need to tell whether my interpretation is correct because I have been told by a lot of people and Mr Mandelson himself that I am wrong, that the House meant to exclude the registration of concessionary loans between members. The Committee said – and I read it carefully – members of the Committee said, Mr Mandelson’s quite right. We all think we don’t have to put that in. So I said, well please read the rules very carefully and they read the rules very carefully register and they said, Commissioner you’re right, they are not acceptable and so that is why they then followed my view on this on the matter. So there are a lots of situations in which I make an interpretation of what the rules say and then I say to the committee but you need to tell me if I’ve got that right or wrong. We have had a recent case as you well know in the press in which my reading indicated that..what Mr Livingstone’s situation is now in relation to speeches he was now making did require him to deposit [details in the register], that his circumstances had changed from when he was he just doing [inaudible] speeches and that he did now need to do so. That was a judgement and so I said to the committee that’s my reading of the rules and that’s my reading of Mr Livingstone’s situation. You have to tell me whether you think my interpretation is correct. And they looked at it and they were surprised about it, but they said you were quite correct. And, so there are lots of occasions on which I have to do the best I can and make an interpretation and the committee may not always agree with it. But that’s my job. I don’t it the other way round, I don’t say would before I look into this complaint I would you like to tell me what your view is. I don’t do it that way.

RH: I’m only asking these questions because I want to try to formulate any future complaints I may put in [to you] in a way which will be most accommodating to how you are working. Now,   have you as a matter of interest….you have been in office for just over a year is it?

EF: That’s right.

RH: Have you actually been sort of conducting your self on the same lines as your predecessor or have you made any great changes?

EF: In what way?

RH: Sorry, I am just asking generally,. I hadn’t nothing particularly in mind. I mean, have you changed your tack would you say from your predecessors in terms of how you decide to…

EF: I leave that to other people to decide. Lots of people say that it is the same, but it is entirely up to the people who observe it [to decide].

RH: Right, well, now I would just like to ask you one or two other things …not taking up the complaints again…..Now, you’ve read my letters to Blair? I judge Mrs Filkin that you’re probably the sort of person if someone sends you something, assuming its not horrendously long, you probably read it. Would I be right?

EF: You should judge that I read things however horrendously long.

RH: Yes, right, I rather took it that this would be the case.

EF: I don’t think I can do this job properly unless I attending to what the public decides to send me..

RH: But there are limits just in terms of time.

EF: I’m very bogged down at the moment. I have a large number of complaints, but I’m not treating them any differently. I am treating them just as assiduously.

RH: But having read the Blair letters – just your own personal opinion, I’m not even asking you necessarily in your capacity as…

EF: I’m sorry, I am not going to comment.

RH: Well, all I was going to ask you was well did you find any gross racist abuse?

EF: I’m not going to comment. It is not for me. We are going to have to draw to a close.

RH: I know, I fully appreciate that, I fully appreciate that. To be honest with you I have really covered most of the ground I wanted to.

EF: Well, I am glad to meet you and I hope that you will provide me with evidence about any of the complaints that you are concerned about and if you do I shall look into them.

RH: Could I just ask you before I go. There is one complaint you are still waiting for investigation by I think its The Board of Trade which is Robinson, that’s right isn’t it? Is there any movement on that at all?

EF: I have heard nothing further.

RH: These things can drag on for yonks so its not that surprising. Well look Mrs Filkin I appreciate you seeing me and we will see if we can progress it in the future.

EF: I’m sorry you have had such – obviously an unsatisfactory…..

RH:  To be honest I do this for two reasons, one is protect myself quite frankly, because I think you will appreciate that anybody who has been the subject of the attentions of the Prime Minister in the way I have been the subject of the attention of the Prime Minister, might have some slight cause for concern shall we say, all right? But the second thing is  it’s just the fact that this is corrupt politics as well. I don’t just mean Blair, I am talking about Robinson and co. I am talking about Mandelson also. So don’t think I am progressing complaints which are non-Blair related simply because I’m trying to get at Blair, because that isn’t my purpose at all.

EF: No. I understand that. Some of the matters you have raised with me are not in relation to this [The Blair Scandal]

RH: Well exactly.

EF: Don’t forget your recorders.

RH: The most valuable thing in the bag. Right, ok, we are ending the meeting now at 11.55.

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