In all this week’s discussion of Trafigura, relatively little attention has been paid to other legal stories – but HMIC’s review of the lessons learned from the Greengate-Galleygate affair deserves closer attention, I think, than it’s had. And Jacqui Smith has managed to escape without close enough scrutiny of her conduct in the affair.

One of the key findings, at para. 8.3.7 of the review, is that the police were right to search Damian Green’s office in the way they did – and specifically that they were right in law not to seek a search warrant in the first instance but to ask first for consent from the House authorities, which of course they were granted. That finding ought to lay finally to rest the nonsense talked by MPs at the time of the supposedly scandalous “failure” to obtain a search warrant.

The other key finding, at para. 8.1.10, is that

the use of police resources in this case, although well intentioned was, to say the least, debatable

This is the most important point in the whole case: the government never should have involved the police at all in the investigation of leaks that embarrassed government, rather than risking serious harm, for example to national security.

The wording of the review unfortunately reinforces the common perception, a perception very convenient for ministers, that the Cabinet Office letter (see para. 8.1.5) requesting police involvement means officials called the police in. The truth, as I’ve written before, is that Jacqui Smith made this decision by agreeing to police involvement. To be fair to her, she’s never denied that, although the evidence she and her Permanent Secretary gave to the Commons Home Affairs Select Committee can be read as implying it was a “joint” decision, or else that it was his decision “agreed” by her. Actually neither of those interpretations can be right, as anyone with any knowledge of government must know. Without her agreement, the police could not have been called in: officials may well have wanted to write, but would not have done so had Jacqui Smith not given them the go-ahead. She is responsible.

A good job she’s already gone, really.

2009-10-15T13:07:07+00:00