Out of the blue, on Saturday, we learned that The Law Commission has been at work. It proposes changing the Official Secrets Act to cover matters that are about what the government of the day considers to be matters of national economic interest. Anyone in unauthorised possession of material that might be included in the scope of the Act, or who transmits it or publishes could go to jail for up to ten years. There would be no restriction on who can commit the offence,” including hackers, leakers, elected politicians, journalists, and NGOs.
What this boils down to is the ability of government to shut people up. Imagine this; The Daily Boot is passed a paper that says that, as part of trade deal negotiations, HMG will allow US chicken treated with chlorine to be sold in the UK. If the news becomes public the trade talks might be jeopardised. The Boot’s editor either publishes and risks jail or lets the matter quietly drop. Ah, but that’s not good enough. Even being in possession or having had knowledge of the information could make the editor liable to prosecution. The Damoclesian Sword hangs forever over the editor’s neck.
The Liberal Democrat MP for Old Sallop can’t raise the matter in the Commons, as that would mean the member admitting they know what is in the material, thus rendering themselves liable to prosecution.
The Law Commission has published an enormous consultation document called Protection of Official Data.
I put consultation in italics because the Commission claims it has already consulted widely, though this statement is as thinner than an After Eight mint crushed by ten-ten road roller.