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Monday, 4th February 2008

There’s a tremendous hue and cry over the claim that Sadiq Khan, a Labour MP and government whip, was bugged by the police when he met his constituent and childhood friend, Babar Ahmad, in Woodhill prison in Milton Keynes where he is fighting extradition to the US on charges that he ran a website raising funds for Taliban and Chechen terrorists. There has been general outrage at the revelation, which appeared in yesterday’s Sunday Times, on the grounds that bugging an MP breaches the Wilson Doctrine which has prohibited the covert surveillance of MPs since 1966.

However, as was noted today by both Dean Godson in the Times and the Telegraph leader, the outrage is more than a little synthetic. The suggestions that have been made that Sadiq Khan was singled out by the Metropolitan Police because a) he is a Muslim and b) as a former legal adviser to the Muslim Council of Britain has been a thorn in the side of the Met through taking a series of controversial malpractice cases against them, are demonstrably absurd for this reason: it was not Sadiq Khan who was being bugged, but Babar Ahmad. The police had been listening in to a number of his conversations with visitors at the prison, and he was seated at a table that had been specially adapted for this apparently routine purpose. Indeed, the Sunday Times tells us that
at least six of the tables have had their panels hollowed out to hide bugging equipment. They are known as ‘talking tables’. Inside each panel is a microphone, a battery, an antenna and a transmitter. Such is the secrecy surrounding these tables that even the prison officers are said to be unaware of them. They are operated and maintained by specialist detectives permanently based at the prison.
In other words, it was Ahmad’s conversation with Khan that was bugged. Khan was not specifically targeted; while it is true that the police decided not to suspend the bugging even though they knew an MP was visiting Ahmad, it is more accurate to say that Khan fell into the net that they had thrown around Ahmad. While MPs must in general be free to speak to their constituents, this surely should not mean that MPs should be given special rights which might impede a criminal investigation. This point was made by both the former Interception of Communications Commissioner, Sir Swinton Thomas, who said in his report of 2005/6 that
the interception of communications is the primary source of intelligence in relation to serious crime and terrorism
in a way that was unforseen at the time of the Wilson Doctrine which thus placed MPs ‘above the law’, and by his successor Sir Paul Kennedy, who as the Guardian reports called last year for the doctrine to be scrapped, saying:
It is fundamental to the constitution of this country that no-one is above the law or is seen to be above the law. But in this instance MPs and peers are anything but equal with the rest of the citizens of this country and are above the law.
The Shadow Home Secretary David Davis, who has led the running on this affair after disclosing that he had alerted the Prime Minister to this occurrence last November but had received no reply (No 10 denies ever receiving it), says he in turn had been told about it by a ‘source’. Davis has just told me that he does not argue that MPs should never be bugged; he can conceive of situations where they should be if the police have reason to think they are either ‘conduits or implicated’ in a crime. (There is no suggestion of illegality by Sadiq Khan). But in that case, he says, Parliament should be told that the Wilson Doctrine has been suspended, as it itself said would happen in circumstances where this was justified.

Hmmn. Davis is no pushover, for sure; and yet I can’t help thinking that this is a howling gale that has been whipped up inside a teacup. I suspect agendas are at work here which we cannot yet identify. This is by no means the first time the Met has been leaked against by exceedingly well-informed sources. The government is to make a statement about the affair this afternoon. I await developments with interest.


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Ian

February 5th, 2008 10:13am

The Wilson Doctrine came about when the Security services seemed to think that all Labour MPs were Communist fellow-travellers. We cannot allow any Government to have the right to bug the Opposition and its own backbenchers, although some whips would like to! This case highlights the fact that we are living in the most spied-upon society in the West and we need to do something about this. MPs, buy nature of their work, should have some degree of protection and a lawyer/client privilege model would be reasonable.

Martin Bright

February 5th, 2008 12:33pm

Anyone making contact, in this case apparantly supportive contact, with suspected terrorists should be monitored. There is nothing special about MPs, their power is limited by Brussells, and several have been found guilty of serious crimes in recent years.
The war we are now fighting is much more dangerous than the IRA war, then we were dealing with rational people, whose aims were comprehendable.
Jihadists are sociopaths whose religious passions are beyond our comprehension. There are thousands of them in Britain and they have tens of thousands of apologists here.
Anyone making contact with terrorists must automatically become suspect, just as Mosleyites were all suspects in World War 2.

Martin

Larry

February 5th, 2008 6:22pm

Hope it doesn't get lost that Khan was not the target of the bugging. Ahmad and any family or friends were the targets. Khan is ALSO a friend.

Dalmar

February 5th, 2008 9:11pm

Melanie, listen to what you’re telling us “it was not Sadiq Khan who was being bugged, but Babar Ahmad,” Your dismal attempt to claim that only Babar Ahmad’s conversation was being bugged is not only void of logic but it’s also quite laughable! Here, your disingenuousness inadvertently comes bare! Melanie, one of the most distinctive differences between us and the Jihadists—is the respect for the rule of law. Here, the issue is not whether to bug someone or not— but rather is it allowed under the law? If we don’t like the laws we can always change them—but allowing police officers to disregard the due process—based on some preconceived prejudices—sets a dangerous precedent for justice, democracy & the rule of law. Discrimination is a slippery slope and once you allow any form of discrimination to be committed based on some preconceived stereotypes—then justice, freedom & the rule of law are thrown out of the window. Another selective case of—one rule for us and another rule for—them Muslims from Melanie—and you wonder why the world is full of hatred—viva Melanie’s selective freedom!

Hereford

February 5th, 2008 9:32pm

Hold on Ian :o), I think there is a matter of context here. Protection should only extend to where the MP is undertaking legitimate Parliamentary work and where the privacy of their consituents is concerned. I work with these people. They will find a way to finagle or obfuscate any legitimate protections into a defence against legitimate scrutiny. They are an inherently corrupt group. Put them under a magnifying glass, all of them I say :o) To misquote Groucho Marx, "I wouldn't want anyone who wanted to be an MP to be my MP."

Maven

February 5th, 2008 10:00pm

Dalmar, the main difference between us and the Jihadists is that we are prepared to keep believing in the best of people and they are prepared to take advantage our weakness. The target of the buging was Ahmad and anyone he met with, friend, family or acquaintance. He happened to meet a friend who ALSO is an MP. What are the police to do? Discard potential vital evidence. It is NOT illegal to even bug an MP. Its a gentlemans agreement not to target bug an MP. Its arguable that its OK when the MP isn't the target but a participant in a conversation.

Frank Pulley

February 5th, 2008 11:05pm

If the police were doing their job properly the whole of this seditious administration together with all its apparatchiks would have probes in every room of their homes, their offices, their clubs and their cars; if necessary one up each of their fundamental orifices to read their 'brains'-which must be situated adjacent thereto, if their expressed thoughts are any indication. Those currently in charge of the Westminster Gas Works are driving our nation to hell on their red painted handcart and, on the way, selling bits of it off cheap to any taker. Moreover they are deliberately leaving the gates open, as they abandon the 'United Kingdom', to enable the militant Islamic hordes to do as they wish with the patch when they have eventually achieved key positions in their notional Utopia - a Federal European Socialist Republic. We seem to have bred a generation who have no concept of decency, history or patriotism and are full of s... Gramsci's jottings from his prison cell; they deserve the fate that awaits them. We have hung or shot people in the not so distant past for crimes much less heinous. Into what corner has David Davis been shunted that he exposes routine intelligence work, presumably to gain a partisan edge? Ye Gods! And obviously there is no military leader left with the balls to organise a coup d'etat and to hold the line to allow the citizenry to have a proper election - having banged up usurper Brown and his bunch of brainless bastards. We are doomed! The 'Wilson Doctrine' my ass! That corrupt little crook had good reason to debar the phone tapping of MPs, particularly HIS phone. I'll bet Custard Clark and Chopper Watts, two of his old 'contacts' from his Trade Ministry days had a laugh up their sleeves, when he pulled that stroke. But even they will turn in their grave at what's happening now. Cry !God for Elizabeth and St.George!" Ecrasez l'Infame!

Dalmar

February 5th, 2008 11:15pm

Mavens, once upon a time in an oil-rich Middle East country, two foreign friends riding in the same car were rear-ended by a rich local man. When the local police officer came, he told the foreigners (who were legally in the country) that the mistake was theirs (even though they were rear-ended) & the laws of the land clearly stated that the mistake was the local man’s. When the irate foreigners asked for an explanation from the police officer he told them that if they had not come here, the accident would not have happened—hence the mistake was theirs and they need to pay damages to the local rich-man! This is what happens when laws are selectively interpreted! Maven, what you see as weakness, I see them as our strengths—if laws or gentleman’s agreements can be disregarded—based on some preconceived stereotypes—what’s the point of having laws then? What’s the point of the rule of law? Are we allowed to interpret them the way we wish? Should the police officers’ be allowed to selectively interpret the laws depending on each individual’s stereotypes or whims? Maven, I pray that one of these days you become a victim of some preconceived police stereotyping or selective interpretation & hence injustice—it’s only then that you’d understand how it feels. Maven, all I am trying to say is this: let’s follow our laws—if we don’t like them let’s change them. But blindly advocating for selective breaking or interpretation of our laws——is not the way to go. I strongly believe that we’re on the right side of this fight & that we’ll ultimately succeed if & only iff we uphold the same values such as justice, democracy & the rule of law that have brought us this far! So let’s fight these jihadists with all our might without sacrificing the same values that we claim to be fighting for?

sebastian

February 6th, 2008 2:06am

I will believe in upholding any absolute right to privacy between this MP and a constituent suspected of extremely dark deeds when I believe that someone with a seat in the House of Commons would instantly report to the security forces anything significant, confidentially whispered to him by his childhood friend and fellow muslim.

Frank Pulley

February 6th, 2008 5:56pm

Well said Seb!

Grace

February 19th, 2008 1:59am

Isn't everyone sick of the discrimination excuse-the racist excuse-can't you see the truth. England has been invaded-fight back.

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Melanie Phillips is a Daily Mail columnist. She also writes for the Jewish Chronicle and is a panellist on BBC Radio Four's Moral Maze. Her most recent book is 'Londonistan', published by Encounter and Gibson Square.

For a complete set of Melanie's articles click here

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