§ Mr. Maddenasked the Attorney-General on what date Clive Ponting was charged under the Official Secrets Act; from what force was the officer who charged him; and if Clive Ponting was charged at any time with any other offence in connection with passing papers to any hon. Member.
§ The Attorney-GeneralClive Ponting was charged on 17 August 1984 with an offence contrary to section 2 of the Official Secrets Act 1911 by an officer of the Ministry of Defence police. He was at no time charged with any other offence.
§ Mr. Maddenasked the Attorney-General when the Director of Public Prosecutions was first notified that papers from the Ministry of Defence, relating to Clive Ponting, had been passed to an hon. Member; when papers relating to this matter were first referred to the Director of Public Prosecutions; if the Department of Public Prosecutions was asked to advise (a) on whether any 328W offence had arisen specifically under the Official Secrets Act and (b) as to whether any other offence had been committed; and if the Director of Public Prosecutions was asked to offer advice according to the general criteria previously understood to concern the Director of Public Prosecutions in giving advice on whether proceedings are appropriate.
§ The Attorney-GeneralThe Director of Public Prosecutions was first notified of the unauthorised disclosure of papers from the MOD to an hon. Member in an oral report by a senior officer of that Ministry at 11 am on 13 August 1984. Certain documents were handed at the time to the DPP, who, after consultation with the Solicitor-General, asked for a very early police report which was submitted to the Director on 16 August 1984. Referral by the Ministry of Defence to the DPP was for the purpose of a decision whether to prosecute and not for advice.
The possible offence disclosed by the facts reported to the DPP was an offence under the Official Secrets Act 1911. In recommending to the Solicitor-General that consent should be given to a prosecution, the Director of Public Prosecutions had regard to the guidance as to criteria for prosecution which I published in March 1983 (a copy of which is in the Library of the House).