Former FO minister accuses Yates of misleading statements.
Also his explanation of the law to the home office comittee today is being questioned.
This is a total and utter no-win situation for the police. They are caught between the obvious privacy issues (as soon as they mention a name the worlds media will be camped out on the person's lawn ...) and the need to explain the parameters they set for the original investigation and how they dealt with the information that came out of it.
In any investigation which could be extended almost
ad infinitum it is absolutely standard investigative practice to set some parameters, to draw some lines in the sand. Those decisions will have been made by a senior investigating officer (or a more senior officer in setting the terms of reference for the senior investigator in the first instance). Hopefully they will have been documented and will include an explanation of their rationale (it has been standard practice to do so in major enquiries since the late 1990s when the whole major investigation process was revamped and professionalised as a result of the valid criticisms of the Stephen Lawrence Inquiry).
I have never heard the parameters explained / justified in detail. I can see how it
may have been justifiable, at least initially, to restrict the investigation to the particular journalist against whom allegations had been made ... but it is far less clear how / why the parameters seem to have been set in relation to their victims - it may have been logical to say "We'll do the first three months and see how we go. If there's enough then we'll stop there unless doing any more would make any significant difference to sentence" but I haven't seen anything which convinces me that the basis was as clear as that ... maybe because the police have been hamstrung in explaining their decision because of the privacy issues.
As for the law, I am not sure that the view of an "expert" author is worth much. Is he legally qualified? Is he a trained investigator aware of what evidence is required?" It is interesting to note that he refers to "government guidelines" - exactly which guidelines and the context of the piece he relies on is essential to understanding what he means and it's validity ... and "government guidelines" are
not the law anyway! Personally, on my understanding of the interception of communication offence, I would tend to agree with John Yates - the offence is interception "in the course of it's transmission" (s.1 Regulation of Investigatory Powers Act 2000) (
http://www.legislation.gov.uk/ukpga/2000/23/section/1). s.2 expands on the "Meaning and location of transmission, etc." and again (s.2(2)) refers to "while being transmitted".
The case law and legal guidance I am aware of certainly includes messages that are stored on voicemail, etc.
which have not yet been accessed by the intended recipient. I think that is pretty clear that they can be described as still being in the course of transmission - even though they have "arrived" as far as the electronics are concerned they haven't "arrived" as in being heard by the recipient (though, interestingly, I do
not think the same would apply to a letter fished out from somene's letter box and read before they have had a chance to open it - delivery to the address would typically be the end of "transmission" there). Once the recipient has listened to it I really would not hold out much hope of convincing anyone that it was still "in the course of transmission" any more than it would have been if the recipient had taped it as it played back and then filed the taped copy on their shelf and cleared the initial voicemail.
If I was John Yates (who I have long referred to as the police's "Patron Saint of Lost Causes" as he gets lumbered with all the griefy jobs ...) I would be tempted to re-open the enquiry and now, in view of the specific new allegations about
other reporters, senior management, etc. change it's parameters to include the whole of the NotW (and possilly the whole of News International). I would also be tempted to include the Information Commissioner (responsible for investigation and prosecution of criminal breaches of the Data Protection Act 1998) in the investigation from the outset (in the same way that police and HSE jointly investigate deaths in the workplace, so that the relevant lead agency can prosecute no matter which offences are substantiated by the investigation). The
big downside of this (apart from the cost!) would be that it would take for ever to complete and, politically, that would be portrayed as "kicking it into the long grass" ... so we're back to a Catch22 for them ...
It's at times like this that I know I made the right decision when I decided I didn't want to be a chief officer!