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Speaker: Police did not have Commons warrant

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3rd December 2008

Commons Speaker Michael Martin has disclosed that police did not have a warrant to search Conservative immigration spokesman Damian Green's parliamentary office.

Martin told a crowded House of Commons on Wednesday that he "regretted" that a "consent form" was signed by serjeant at arms Jill Pay for the search.

"I did not personally authorise the search," he said.

A warrant will always be required in future for police to search MPs' offices, he added.

The seizure of material belonging to Green will now be referred to a committee of seven senior MPs.

Martin's statement came after a furious political row blew up over the arrest of Green and the searching of his offices in relation to a series of Home Office leaks.

Earlier Scotland Yard's acting chief Sir Paul Stephenson defended his officers' actions, saying detectives in any inquiry, no matter how sensitive, must follow the evidence "without fear or favour".

Home secretary Jacqui Smith is expected to make a statement to the Commons on Thursday regarding Green's arrest.

Martin said the arrest and search of Green's office had caused "grave concern" to all MPs.

"In the past few days there has been much pressure on me to make public comment about these matters,” he said.

"But I felt it was right and fitting that I should make no comment until Parliament reconvened."

He said: "I should emphasise from the start that it is not for me to comment on the allegations which have been made against Green or on the disposal of these allegations in the judicial process."

The Speaker reminded MPs that according to Erskine May, Parliament's rule book, parliamentary privilege had "never prevented the operation of the criminal law".

The joint committee on parliamentary privilege, in a report in 1999, had said the precincts of the House "are not and should not be a haven from the law".

"There is therefore no special restriction on the police searching the parliamentary precincts in the course of a criminal proceeding."

Martin said that last Wednesday the Metropolitan Police informed the serjeant at arms that an arrest was contemplated but did not disclose the identity of the MP.

"I was told in the strictest confidence by her that a member might be arrested and charged but no further details were given to me," the Speaker said.

"I was told they might be forthcoming next morning.

"At 7.00am on Thursday police called on the serjeant at arms and explained the background to the case and disclosed to her the identity of the member.

"The serjeant called me, told me the member's name and said that a search might take place of his offices in the House.

"I was not told that the police did not have a warrant," he added.

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