More on the feisty Report by the HoC Public Affairs Select Committee report which came down heavily on FCO rules purporting to limit what diplomats might say after they leave the Service.

Craig Murray calls these regulations ‘near-fascistic’:

The idea, of course, is that only the ministers’ version of truth will enter history. You can be confident that Jack Straw’s memoirs will not tell you that he instructed Richard Dearlove that we would use intelligence from torture, or that we colluded with torture and extraordinary rendition in Uzbekistan and elsewhere. You needed my memoirs for that. If Jack Straw had his way, I would not have been able to publish my book telling you the truth; in fact the new regulations were born directly out of Straw’s fury at Murder in Samarkand.

We now have a government so despised that it strives to protect itself further and further from scrutiny…

Let’s be a tad more dispassionate.

Back to first principles.

The public want – and expect – to know in some detail what Government is up to with their money. 

The public also want Government to Just Get On With It, weighing complex interests and principles and taking hard decisions intelligently. 

As we are a free country, people should be able to comment on and/or write searching analyses of policy issues once they are out of public service, subject to some sort of reasonable cooling off period.  

That said, the public simultaneously like tittle-tattle and ‘revelations’, but also do not like seeing former officials trading in the public’s information to make a personal profit. 

These fickle public expectations are not invariably compatible with each other, or with real life. 

Foreign policy in particular requires a different quality of common sense confidentiality.

Domestic issues are in a way all ‘ours’ – disagreements and negotiations are within the British political family, all of whom claim that they want the best for the country.

Foreign affairs are different. Day in, day out HMG are involved in tough negotiations round the planet with people who may be our enemies, or who rightly want to do the best for their countries by exploiting British weaknesses/mistakes. It is madness to show our detailed analysis and negotiating hand to our rivals for ‘UK freedom of information’ reasons, when they of course will not reciprocate. 

At the very hard end of the spectrum are highly sensitive intelligence reports, sometimes gleaned from foreigners risking their lives to share information and insights with us (which NB does not mean that those reports are accurate/reliable).

The public know that the world can be a dirty place. They broadly trust the government to defend British interests by using such material wisely. This means keeping secrets secret, the public respecting limits on the public’s ‘right to know’. Lost lap-tops containing secret official material convey a sense of fathomless incompetence.

In return for ceding extra government discretion in this murky area, the public react badly to politicians whipping up public sentiment on the basis of inconclusive intelligence analysis, as happened in the run-up to the Iraq intervention. 

You know when you are seeing something Really Secret when its heading is a Greek letter or acronym you haven’t seen before: TOP SECRET UK EYES A EPSILON/LOCKTIGHT or somesuch.

During my career I have seen all sorts of highly confidential analyses of controversial issues and countless Top Secret reports. I have written such papers myself.

Now I have left the FCO. Should I be free to use my privileged access to this fruity material to make money or stir up public anger, even if I happen to think the moral case is just?

In my view, no. Certainly not immediately I leave the Service, and for some purposes never.

The ‘system’ (and here I part company with Craig Murray) does offer all sorts of democratic best practice ways for officials to register substantive concerns, compatible with maintaining the secret methods needed to track foreign spies working against us, or managing threats posed by ruthless terrorist killers themselves armed with high-tech kit.

Have we got everything Perfect? No.

Room for improvement/tweaking? Probably.

Risky business for politicians and the public alike, one way or the other? Yes.

All that noted, if we agree that I am not to be ‘allowed’ to use my knowledge of highly sensitive processes/facts as I like immediately on leaving the FCO, how to give effect to that?

Detailed Rules tend to look and feel oppressive and ultimately risk being unworkable. 

General Principles based on integrity and ‘good sense’ are only guidelines on steroids. They do not deal with people whose supply of one or both is at best modest, or those people determined for whatever reason (good or bad) to force an issue out into the open.

And if there are Rules or Principles, how to apply them? What threat should hang over me to deter me, a former British diplomat pecking away at my lonely keyboard, from overstepping the rules, in letter or spirit?

Legal proceedings against potential publishers?  Prison?

Threats to my pension? Ah now you’re talking!

Finally, who in the end decides if a line has been overstepped, and what should happen next?

The Public Affairs Committee made a strong point in noting that in Freedom of Information Act disputes a separate outside mechanism has been set up to stop a Ministry being judge and jury where its own information is concerned. Something like that could be used to settle in a gentlemanly way rows over contested memoirs of the Jeremy Greenstock sort?

Ministers! The smart way to lean is towards generosity, creativity and flexibility. Do not appear vindictive/obsessive/defensive.

Few if any ‘revelations’ by former civil servants do drastic irreparable damage. We are in fact quite loyal for most purposes, most of the time.

Much worse political damage can be done by appearing to cover up and duck the hard questions than by taking some hits, heavy and unfair as they may be at the time.

And, above all Ministers, behave in an honourable, trustworthy and fair-minded way towards your officials and the public alike.

This gives you your best chance of winning their respect and so surviving the inevitable squalls of democratic public life in good shape, maybe even with a reputation enhanced.

Light touch, old boy, light touch – always the safest policy.