Tag Archives: public interest defence

The Queen’s Speech includes plans to reform the Official Secrets Acts. The last of these was passed in 1989, before the dawn of the internet; the first in 1911 – most of the carrier pigeons that served in the First World War had not even been born.

The acts are antiquated and the Counter-State Threats Bill is intended to drag the way we tackle hostile activity from states and new types of actor kicking and screaming into the 21st century. There will be plenty in this bill to keep Liberal Democrats busy in the coming months, not least what Number 10 has briefed The Sun will be “sweeping powers to jail Russian and Chinese spies”.

But my concern is what appears to be a likely omission from the bill. The Queen’s Speech makes no reference to the introduction of a statutory public interest defence. This would create a safety net for people who believe that, for the greater good, they must disclose sensitive information covered by the acts.

Public servants should not, for example, fear jail is inevitable if they are exposing illegalities committed at the top of government. They need to know they can make a public interest defence, albeit one that would later be tested rigorously by a jury. Simply dumping a load of state secrets on the internet would plainly fail that test.

By putting the defence on a statutory footing, civil servants, journalists and others would not have to rely on the creativity of lawyers and juries ignoring the directions of the judge. Katharine Gun and Clive Ponting, the Iraq and Falklands War whistleblowers respectively, escaped jail because of those factors. Others might not be so lucky, while the likes of Sarah Tisdall (the Greenham Common case) did not even have the option of at least testing this defence.