Call for government whistleblowers to be protected

WHISTLEBLOWERS who leak government secrets in the public interest must be protected from going to prison, says the former justice secretary.

Mr Buckland warned that the law could be exposed as “an ass” unless the Government provided a legal defence for whistleblowers who expose wrongdoing in the public interest.

He said the onus had to be on the leaker to justify their actions, but there was a danger that without the Government providing a clearly defined defence, juries would take the law into their own hands and make their own judgements about what could be leaked.

Mr Buckland also drew a distinction between legitimate leaks unmasking potential wrongdoing or misconduct and “data dumpers” such as Julian Assange whose unexpurgated leaks of government material are said to have put lives at risk.

The former justice secretary is to lead a campaign in Parliament to persuade ministers to include a public interest defence in its revamped Official Secrets Act, which increases the penalties for leaks by civil servants and journalists from two to 14 years.

A public interest defence was recommended by the Law Commission but the Government says it “could in fact undermine our efforts to prevent damaging unauthorised disclosures”.

Critics say the new law will put journalists on a par with spies by ending the distinction between espionage and other unauthorised disclosures – including by the media – as ministers say the internet now means any leaks are “capable of causing far more serious damage” than in the past. There has never been a public interest defence for leaking state secrets but Mr Buckland said the time was right provided it was “Julian Assange proof ”.

“Data dumping is one thing. Limited disclosure in the public interest is a world away from irresponsible and sometimes quite dangerous potential data dumping that is identified with the Assange tendency,” said Mr Buckland.

“Any defence that is drafted needs to strike that balance. The Law Commission has come up with a sensible proposal with a public interest defence where the onus is on the defendant to demonstrate there is some evidence that they are acting in the public interest. How to define public interest is a matter for the Government.”

The campaign is backed by former Cabinet ministers David Davis and Alistair Carmichael and former attorney general Dominic Grieve.

A Home Office spokesman said: “Any changes will be balanced to protect press freedom and the ability for whistleblowers to hold organisations to account when there are serious allegations of wrongdoing.”