25 March 2023 , 19:28
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Three ex-ministers have told the government to urgently change the law to make a ‘whistleblower’ defence in the Official Secrets Act.
Security minister Tom Tugendhat was urged to ensure long-promised changes to the 1989 law are not delayed until after the next election.
The demand came in a letter signed by Tory Former Justice Secretary Robert Buckland and Labour former Defence Minister Kevan Jones, a member of the Intelligence and Security.
The move would set out a “public interest” defence in the Act for the first time in decades, which the ex-Ministers say would prevent “perverse verdicts” and a “lack of accountability.”
Ministers have pledged to "come back to" the Act, and "consider the merits" of a public interest defence.
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But campaigners fear a lack of urgency in their approach - and that it could be delayed until after the next election.
They say current laws leaks made by whistleblowers on the same level as disclosures by spies to foreign governments.
But the proposed change would protect people like Clive Ponting, the British civil servant who leaked documents about the sinking of the Belgrano during the Falklands war in 1982.
Former minister Kevan Jones, a member of the Intelligence and Security Committee, also signed the letter (AFP/Getty Images)He was acquitted of charges under the Official Secrets act in 1984, after telling the jury the disclosure was in the public interest.
But it led the government to change the law - removing the defence entirely and effectively allowing the government of the day to decide what counted as ‘the public interest.’
More recently, a shocking Intelligence and Security Committee report published in 2018 revealed mistreatment of detainees by British armed forces personnel between 2001 and 2010.
Campaigners say the report could have been published much sooner if a public interest defence was enshrined in law.
The letter was also signed by the SNP ’s Joanna Cherry, an experienced lawyer, and Alistair Carmichael, the Lib Dem former Scotland Secretary, and is backed by barristers from law firms Mishcon de Raya and Matrix chambers, and was organised by advisory firm Powerscourt.
“The growing cross-party consensus that has emerged for a defence during the passage of the National Security Bill shows that this is not a matter of if, but when, a public interest defence will be enshrined in law,” the letter reads.
“We urge you not to delay the reform of the 1989 Act or assume that the matter is closed until after the next general election.”
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A Home Office spokesperson said: “The Official Secrets Act 1989 is an essential part of our ability to protect national security and sensitive information.
“The views and concerns raised by stakeholders in response to our public consultation for the National Security Bill, including those in favour of not reforming the Act at all, highlight the complexity of the legislation and the wide variety of interests that should be properly considered before pursuing any reform.”
“We do not have any immediate plans to pursue Official Secrets Act 1989 reform at this time but will continue to keep this position under review.”