Defending disclosure

sir – We are extremely concerned by your report (“Foreign spies face life in prison”, May 11) that the Home Office has ruled out a statutory public interest defence in the forthcoming National Security Bill.

The lack of legal defence for civil and public servants who expose serious wrongdoing in breach of the Official Secrets Acts is a glaring and worrying legal omission in a modern democracy. Russia’s invasion of Ukraine illustrates the risk of governments acting in the absence of democratic checks and balances.

Since the launch of the department’s consultation into the reform of the Official Secrets Acts last year, we have contacted officials and ministers on a regular basis to address their concerns. Far from encouraging leakers, a public interest defence would reduce the risk of perverse verdicts to clear those who make genuine public interest disclosures, while data dumpers would inevitably fail to meet the exacting standards of such a test.

Our campaign has earned the backing of senior political figures, including the former Lord Chancellor Robert Buckland and the ex-cabinet minister David Davis. The wholly independent Law Commission also recommended such a defence.

The Home Office must act in the public good and include this vital legal safety valve in the forthcoming Bill. Alex Bailin QC

Matrix Chambers Jessica Jones

Matrix Chambers Katy Colton

Head of the Politics and Law Group, Mishcon de Reya Ben Brandon

Partner, Mishcon de Reya Mark Leftly

Head of Politics, Powerscourt Simon Petar

Director, Powerscourt