The indiscretion of Vince Cable

Should constituency surgeries always be confidential?

Today the Daily Telegraph publishes further reports of secretly recorded conversations with Liberal Democrat MPs. These follow yesterday's disclosures of Vince Cable's ill-considered comments recorded at his constituency surgery. The revelations are certainly interesting, but are such clandestine tactics in the public interest?

In the case of Vince Cable's remark that he had declared "war on Murdoch", there is arguably a public interest. It is unacceptable for a decision-maker with public law duties (or "quasi-judicial" powers, as old-fashioned lawyers would call them) to say such a thing of any party that could possibly be affected adversely by his or her decision. In my view, the quashing of such a decision would be a mere legal formality.

But the Daily Telegraph did not initially publish that particular remark, and it is not clear that it ever intended to do so. Instead, it was first published by the BBC in a scoop. This reluctance on the part of the Daily Telegraph may be explained by an understandable wish not to help a commercial competitor, though there could be other, less cynical explanations. Moreover, to catch the Business Secretary saying such a thing was not, in fact, the intention of the undercover reporters: it was an unexpected slip. Rather, the intention seems to have been to capture what Liberal Democrats were "really saying" about the coalition.

If so, there are easier ways. For example, the Daily Telegraph's lobby correspondents routinely hear what Liberal Democrat MPs are "really saying" about the coalition. But because these conversations are conducted on lobby terms, any criticisms will not be attributed to the MP in question. In this way, it would appear that the only mistake made by the Lib Dem MPs in this affair is to talk frankly to someone who appeared to be a constituent (whom the MP actually represents), rather than speak directly to a Daily Telegraph lobby correspondent. The exercise carried out by the Telegraph's undercover reporters would not be required if it were not for the conventions of non-attributed lobby briefings, in which the newspaper itself connives.

As a general rule, the constituency surgery of an MP should not be the place to make secret recordings. That said, the confidentiality of constituency surgeries exists to protect the constituent, not the MP (just as legal professional privilege exists to protect the client, and not the lawyer). As such, it is open for any constituent (real or supposed) to disclose what is said by an MP. On this basis, the Daily Telegraph's secret recordings do not so far breach any grand political or legal principle.

However, there is some cause for concern. One suspects that the first use of interceptions of voicemails by tabloid reporters had a solid public-interest basis; but it was quickly realised that such material was a rich seam, to be mined just for trivial stories. Similarly, one hopes that newspapers do not now see constituency surgeries as "fair game". The secret recording of constituents would never be appropriate: there will always be the need for a private space where a constituent can speak candidly to his or her member of parliament.

David Allen Green is a lawyer and writer. He is legal correspondent of the New Statesman and was shortlisted for the Orwell Prize for blogging in 2010.

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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How the Lib Dems learned to love all-women shortlists

Yes, the sitting Lib Dem MPs are mostly white, middle-aged middle class men. But the party's not taking any chances. 

I can’t tell you who’ll be the Lib Dem candidate in Southport on 8 June, but I do know one thing about them. As they’re replacing a sitting Lib Dem (John Pugh is retiring) - they’ll be female.

The same is true in many of our top 20 target seats, including places like Lewes (Kelly-Marie Blundell), Yeovil (Daisy Benson), Thornbury and Yate (Clare Young), and Sutton and Cheam (Amna Ahmad). There was air punching in Lib Dem offices all over the country on Tuesday when it was announced Jo Swinson was standing again in East Dunbartonshire.

And while every current Lib Dem constituency MP will get showered with love and attention in the campaign, one will get rather more attention than most - it’s no coincidence that Tim Farron’s first stop of the campaign was in Richmond Park, standing side by side with Sarah Olney.

How so?

Because the party membership took a long look at itself after the 2015 election - and a rather longer look at the eight white, middle-aged middle class men (sorry chaps) who now formed the Parliamentary party and said - "we’ve really got to sort this out".

And so after decades of prevarication, we put a policy in place to deliberately increase the diversity of candidates.

Quietly, over the last two years, the Liberal Democrats have been putting candidates into place in key target constituencies . There were more than 300 in total before this week’s general election call, and many of them have been there for a year or more. And they’ve been selected under new procedures adopted at Lib Dem Spring Conference in 2016, designed to deliberately promote the diversity of candidates in winnable seats

This includes mandating all-women shortlists when selecting candidates who are replacing sitting MPs, similar rules in our strongest electoral regions. In our top 10 per cent of constituencies, there is a requirement that at least two candidates are shortlisted from underrepresented groups on every list. We became the first party to reserve spaces on the shortlists of winnable seats for underrepresented candidates including women, BAME, LGBT+ and disabled candidates

It’s not going to be perfect - the hugely welcome return of Lib Dem grandees like Vince Cable, Ed Davey and Julian Huppert to their old stomping grounds will strengthen the party but not our gender imbalance. But excluding those former MPs coming back to the fray, every top 20 target constituency bar one has to date selected a female candidate.

Equality (together with liberty and community) is one of the three key values framed in the preamble to the Lib Dem constitution. It’s a relief that after this election, the Liberal Democratic party in the Commons will reflect that aspiration rather better than it has done in the past.

Richard Morris blogs at A View From Ham Common, which was named Best New Blog at the 2011 Lib Dem Conference

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