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Tuesday, May 08, 2007 

Off the record.

Liberty has published its proposals for a protocol governing so-called "off the record" briefings on terrorist raids that have been given by both the police and Whitehall sources in the past. While commendable and worth supporting, there's absolutely no chance of them being put into practice:
Liberty's conclusions on the protocols are:

• The current situation where no proper guidelines, protocols, guidance or procedures exist regarding off the record briefings to the media by police officers or civil servants during anti-terror operations is unacceptable and potentially disastrous. Such guidelines should be developed as a matter of urgency.


• In developing such guidelines the over riding concern is that nothing should be done to jeopardise any potential trials or ongoing operations.


• The guidelines should be based upon the presumption that the flow of information about anti-terror operations should be as open as possible rather than ‘on a need to know’ basis.


• The guidelines should ensure that information comes from appropriate and readily identifiable sources within the police or civil service to allow for proper accountability. Failure to adhere to the guidelines will be a disciplinary matter.


• A commission should be established as a matter of urgency to draft such guidelines for the police and civil service concerning off the record briefings in line with the above conclusions.
Despite Peter Clarke's attack on those who leaked the alleged background to the Birmingham terror raids before the arrests had even taken place, both the police and government have shown that they have no real interest in stopping such briefings, purely because despite the anger they generate, they serve their own agenda too well. At the same time as they urge the media not to speculate, both the police and John Reid were only too happy to point out that the Birmingham raids proved that the terrorist threat is very real, as the released logs from Liberty's FoI request show (PDF).

If the government really gave a damn about Clarke's allegations, they would have ordered an inquiry, even if it would have meant sacrificing a minor civil servant who was given the task of briefing the tabloids. If Clarke had really meant what he said, he'd have denied the reports in the
Guardian following his speech which suggested that some of the information that he was so angry about had indeed came straight out of Scotland Yard itself. The anger about the briefings didn't come from the Met, who had been only too happy to wildly brief, as Liberty sets out in its case studies on the "ricin" case and Forest Gate (PDF), but from the West Midlands force, who weren't used to such raids and then were left looking foolish after they didn't even question 3 of the men subsequently released about the plot which was being reported in the media.

All of this is down to the politicisation of the terror threat. Clarke spent much of his speech which included the denunciations of the leaks trying his hardest to deny that the police had been involved in either scaremongering or that there was anything wrong in trying to get 90 days detention without charge on the statute book, both issues which are highly contentious. We've had speech after speech and interview after interview with Ian Blair and friends telling us how
"the sky is dark", and how they still consider 90 days as essential, and then they take umbrage when this is pointed out to them. The ricin plot which never was involved crowing on both sides of the Atlantic, opportunistically used by Colin Powell in his now notorious presentation to the UN Security Council. We're meant to believe that it was pure coincidence that the day before last summer's "liquid explosives" raids John Reid made one of his biggest attacks, not on those actively plotting terrorist acts, but on those he said "didn't get it".

This makes for a wonderful Catch-22. For the government and police to inspire confidence that they're not exaggerating the threat, as they supposedly recognise they need to do, they need to introduce the very reforms that they're not going to because they would make it far too difficult to use the intelligence they have for their own ends. In short, nothing's going to change.

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