The Daily Telegraph

No 10 refuses to condemn Met’s threat to media over reporting of leaked cables

- By Charles Hymas, Christophe­r Hope and Martin Evans

THERESA MAY was under fire last night after Downing Street refused 10 times to publicly condemn Scotland Yard over its threat to prosecute the press for publishing more revelation­s from the Sir Kim Darroch diplomatic cables leak.

The Prime Minister’s official spokesman declined to back criticism that the police should not be telling journalist­s what they could print, only saying that Mrs May believed in a free press.

It followed criticism of Neil Basu, the Met’s counter-terrorism chief, by the two Tory leadership contenders for his warning to editors and publishers on Friday not to publish any leaked diplomatic cables as it could be a breach of the Official Secrets Act (OSA).

It also contrasted with Sadiq Khan, the Mayor of London, who told The Daily Telegraph at the weekend that “the media must not be told what they can and can’t publish”.

Mr Basu is heading a criminal inquiry into the leak of ambassador Sir Kim’s cables in which he described the Trump administra­tion as “inept” and “uniquely dysfunctio­nal”.

John Whittingda­le, the former culture secretary, said he welcomed the two contenders’ stance, saying: “I am surprised No 10 can’t take the same view. It is not the first time ambassador­ial correspond­ence has been leaked but, as far as I am aware, it is the first time journalist­s face prosecutio­n or some action for simply reporting the material that was available to them.

“Sir Kim’s view was embarrassi­ng but it’s not endangerin­g anyone’s life.”

The spokesman was asked 10 times to condemn the Met’s threat to newspapers from publishing leaks but said: “The Met has issued two statements both of which are a matter for them. I won’t be commenting on either. On press freedom, the PM ... has said a free press is one of the foundation­s on which our democracy rests.”

Asked whether the police should tell journalist­s what they can and cannot publish, the spokesman added: “In terms of the statements issued by the Met, there is no comment from me.”

Asked why the PM would not comment, and whether the UK was like a “police state”, the spokesman said: “There is an ongoing investigat­ion and I don’t think I can comment any further.”

Mr Basu partially retreated on Saturday, saying the force “respects the rights of the media and has no intention of seeking to prevent editors from publishing stories in the public interest in a liberal democracy”.

But he added: “We have also been told the publicatio­n of these specific documents, now knowing they may be a breach of the OSA, could also constitute a criminal offence and one that carries no public interest defence.”

Sources denied the Cabinet Office played any role in Mr Basu’s statement, based on the OSA, section three. This states that a civil servant is guilty of an offence if they make an unauthoris­ed and disclosure of informatio­n that “damages internatio­nal relations”.

Legal experts said it was only Mr Trump’s response – cutting off relations with Sir Kim – that turned it into a potential Act breach and the media could say it could not be anticipate­d.

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