Oldknow v Evans outcome: ex-staffer's bid to force Labour to identify leakers of internal report fails. Judge said Oldknow's application “smacks of a fishing expedition”.
Oldknow's Norwich Pharmacal order application asked Labour to identify who it "reasonably believes" was responsible for leak, rather than those definitely responsible for the leak.
Key is that Labour has view on who leaked report after conducting an internal investigation, but "no smoking gun" showing beyond doubt who leaked it. Also key is that Labour's view could change after ICO and Forde investigations reveal their findings.
In response to judgment, Labour seeks its costs in respect to Oldknow’s application.
Oldknow's QC criticises Labour for not serving evidence that would assist Oldknow in understanding what happened with the leak. If Oldknow had not been "kept in the dark" by Labour, her QC says "this application could have been more targeted".
Oldknow's QC says Labour ought to pay its costs or they ought to be reserved – but judge orders Oldknow to pay Labour's costs.
Oldknow applies for permission to appeal, Labour opposes application, judge refuses application for permission to appeal.
Latest in Oldknow v Evans. Unite has applied to intervene (union represents 5, currently anonymous, accused of leaking the report). Oldknow's QC opposes the application and says it's too late. Lawyer of Unite and 5 members says they applied asap after Tuesday hearing.
Purpose of Unite intervention would be to allow general submissions on Oldknow's application (to force Labour to reveal identities of leakers), not to directly allow unnamed to intervene. Judge expected to give decision shortly.
Judge has decided that she is going to allow Unite written submissions dated 24th February to be placed before the court focused on matters of the jurisdiction, but doesn't need to hear oral submissions from Unite's lawyer. She refuses permission for Oldknow's QC to appeal.
David Evans, Labour's general secretary, has just told the NEC that the Forde Inquiry into the 'Labour leaks' report says its findings could have the potential to prejudice the ICO’s work – so the report will only be delivered once the ICO inquiries are completed and resolved.
Evans was reading out a letter from the inquiry chair, Martin Forde QC, to the NEC.
The ICO is involved because an internal party investigation was set up to look into potential security breaches with report leak, and it made a disclosure to the ICO.
THREAD: Questions to Keir Starmer's spokesperson this afternoon 🧵
Does Keir want an elected head of state? "No." Is he a proud patriot? "Yes." His past support for abolishing monarchy? "We all reflect on what we said when we were in our 20s... Keir has been proud of what the monarchy has done to help the country through the pandemic."
On use of Union Jack by Labour: "The union flag represents the country that Labour wants to govern and that Keir wants to be the PM of. It’s a symbol of the country we want to lead. You can call that patriotism, you can call it whatever you want, but that’s what we stand for."
Keir Starmer says council tax increase, Universal Credit cut and pay freeze show "the government isn’t just incompetent but also that it has the wrong priorities". This is the Labour leader entering the next step in his plan to approach opposition, building on competence line.
Tighter restrictions? Starmer: "There probably is more that we could do. An example is the question of whether nurseries should be open, there are other examples. We may have to get tougher."
But he adds that "the most important thing… is the message to people to stay at home" because "compliance with that message was stronger last March than it is now".
Keir Starmer says nursery schools "should probably close, yes" – he want to talk to the scientists about it
On why he didn't call for school closures earlier: "I didn't want to close schools, I’m not going to shy away from that." Stresses impact of digital divide.
Asked whether he should apologise to unions on schools, Starmer says "we all owe them an apology" after they worked so hard over Christmas on preparations
Labour's shadow schools minister Wes Streeting on Times Radio. "I don’t think Gavin Williamson’s position is particularly tenable. I doubt me calling for him to resign now will make any difference… Any teacher will tell you he’s the worst education secretary in living memory."
On whether pupils should sit exams later this year: "It’s looking increasingly challenging." (Says "It would have been best for exams to go ahead")
Do teachers have right to refuse to go into work? Streeting: "I think they’re covered by employment law like everyone else." He says education unions have been "forced into this position" and "their backs are up against the wall".