The arrest and detention of Damian Green MP marks a point where executive power has been deployed against the very legislature to which it is supposed to be accountable.
Rightly, figures amongst all parties have expressed profound concern. The badly drafted and anti-liberal terrorism legislation that MPs agreed, despite widespread public misgivings and the deep opposition of Liberal Democrats, has actually been deployed against one of their own members.
In fact it appears that the Parliamentary authorities actually agreed to permit the Police to search Mr. Green's Office.
There are two responses.
Firstly it is now quite clear that supposedly "anti-terrorist" legislation is being used as a catch-all. The seizure of the assets of Iceland: a friendly power and fellow NATO member, and the arrest of Mr. Green demonstrates that much of this legislation has far too broad an application. The measures should at the very least be redrafted to permit only a specific scope, or -better still- abolished altogether.
Secondly the role of the Speaker in the granting of permission for the search must be questioned. I hold no brief for Mr. Speaker Martin: his election broke party conventions that the office should alternate between parties, and he has proven partisan and incompetent in office. In my view he is much the weakest holder of the office that I have seen in my lifetime.
However if it is the case that the Speaker, together with the Serjeant at Arms, did indeed permit police entry into Mr. Green's office, then his position is simply untenable. The arresting officers, by harassing a member of Parliament in the course of his duties seem, prima facie, to be guilty of contempt of Parliament: a dramatically more serious crime than contempt of court.
If Mr. Speaker turns out to have sanctioned the Police raid, then as a bare minimum he owes the House of Commons a deep apology. Personally, in my view, the House would be within its rights to launch impeachment proceedings against the Speaker. The Liberties of the House are by implication the basis of the constitutional liberty of the whole Kingdom, and his failure to protect those liberties is not a minor offence: indeed, if proven then he can not remain in office.
As for the executive in whose name this investigation has been prosecuted- with or without the personal knowledge of the Home Secretary and the Prime Minister- they have rightly earned the withering contempt of the House. The partisan anti-liberalism on constitutional matters of this woeful government should be punished with extinction. This Rump government deserves no less than the Rump Parliament at the hands of Cromwell.:
"You have been sat to long here for any good you have been doing. Depart, I say, and let us have done with you. In the name of God, go!.”