Labour, Greens and NZ First are all somewhat hysterically saying that the report leaked (presumably) by Peter Dunne is a criminal matter, and have all rushed off to the Police to try and get him investigated.
I’ll come back to the hypocrisy of opposition parties demanding a Police investigation into a leak, but let us first deal with two recent leaks. The first is the Kitteridge report.
This was a report that was due to be released to the public. The leak changed the timing of that (and was politically very very unhelpful to the Government), but again it was a report written for public release and its classification was sensitive. What is a sensitive classification. There are six types of classifications in two categories. The two categories are:
- National security classifications where compromise would damage NZ’s security, defence or international relations
- Policy and privacy classifications where compromise would damage government functions or be detrimental to an individual
There are four national security classifications, They are:
- Top secret
The Kitteridge report had NO national security classification.
The two policy and privacy classifications are sensitive and in-confidence, and it was classified sensitive.
While the report was about the GCSB, it doesn’t mean the report was classified for national security reasons. In fact the report was due to be released publicly anyway. This makes the leaking of it a government issue, not a criminal issue. Don’t get me wrong – the leak was appalling, and a resignation is the appropriate outcome. But talking of Police complaints is hysteria.
Now let us compare this leak to the leak of a Cabinet paper on MFAt restructuring. Unlike the Kitteridge report, the Cabinet paper was not a paper about to be released to the public. Cabinet papers are for Cabinet, and that paper was leaked even before it got to Cabinet (off memory). That leak is clearly just as “bad” a leak as the Kitteridge report, and arguably worse.
Yet in this case Labour have spent months arguing the leak should not be pursued, and that a leak inquiry is a waste of money. Flagrant hypocrisy. And I hope one day, we will be publicly able to publish why Labour is so frightened about the leaker’s identity being revealed, and any links back to them.
Firstly, the idea that this leak breached the Crimes Act is utterly ridiculous. Both the offences of espionage (which peters accused Dunne of in Parliament on Thursday) and wrongful communication of official information require that the information in question “be likely to prejudice seriously the security or defence of New Zealand”. John Key was quite clear in his press conference that that was not the case, and there is no possible way in which the leak of material exposing GCSB wrongdoing could be seen in that light. So, the idea that an offence has been commited is pure bullshit, and the Greens should not be trading in it. …
A party like the Greens, committed to democracy and freedom, should be encouraging such leaks, not calling for them to be punished – especially given the shit we’re learning about what the GCSB’s foreign masters have been getting up to.
Russel Norman has sought to justify his position on the grounds that such leaks undermine the idea of Parliamentary oversight of intelligence agencies. Firstly, this wasn’t an ISC document, so that’s just a non-sequitur. But more importantly, Parliament pays the bills, so it has an absolute right to scrutinise what is done with our money, no matter how secret and sensitive. And I regard it as not just a right, but a duty of politicians on the ISC to inform the public of wrongdoing. If Norman seriously believes what he’s said, then he is not doing his job properly, and should resign immediately so that his place can be taken by someone less credulous and authoritarian.
The authoritarian Dr Norman!
NBR also reports:
Labour and the Greens are illiberal in pushing for a police inquiry into the Peter Dunne affair, and have revealed themselves as anti leaks to the media, says Bryce Edwards.
“It’s incredibly surprising to see Labour and the Greens have called on the police to intervene over the leak of the GCSB,” the Otago University lecturer and commentator tells NBR Online.
“There’s always problems when the police get involved in the political and media realm. It can have a very chilling affect on politics and journalism,” Dr Edwards says.
And the next time there is a leak to say an opposition MP, how could Labour or Greens complain if there is a criminal Police investigation into it? They are so kneejerk desperate to get a media headline that day, they rarely think about the consistency of their long-term position.
Generally those that regard themselves as politically liberal will not want the police involved unless utterly necessary, says the Politics Daily compiler.
“Therefore the threshold for calling the cops into Parliament and newsrooms should be very high. It’s hard to see that this threshold has been reached in this case,” Dr Edwards says.
“Normally those that call the police in on their political opponents are from an authoritarian political philosophy. By contrast, liberals generally regard those that leak government department reports as heroic whistleblowers that are enabling the freedom of information and the right of the public to know what those in authority are doing.”
The Greens, Labour and New Zealand First have now shown that they stand opposed to leaks to the media, says the lecturer.
That’s the second commentator to use the term authoritarian. And I am unsure of the media will like the opposition (presumably) demanding that a reporter’s phone records, e-mails and other communications be seized because she received a leak.
Dr Norman says a key issue is whether the appendix to the inquiry was leaked. Unlike the body of the report, which was always scheduled to be shared with the public, the appendix is secret – and breaching it could constitute a breach of the Crimes Act.
Peter Dunne did not have the appendix. No information from the appendix has been published, so nice try inventing a make believe crime.
Labour leader David Shearer has called on police to seize Mr Dunne’s emails. His deputy, Grant Robertson, says Mr Dunne should be compelled to give evidence under oath.
On that basis, they must also be demanding that Phil Goff have his emails seized by the Police and Goff should be compelled to give evidence under oath.