Zircon affair
Encyclopedia
The Zircon affair was an incident in 1986 that raised many important issues in the British constitution.
During the winter of 1985–1986, journalist Duncan Campbell
was commissioned by the BBC
to make six half-hour television documentaries under the title Secret Society. For one programme, Campbell had unearthed some details on a secret spy-satellite project, code name Zircon
, that had escaped the statutory financial scrutiny of the Public Accounts Committee. The BBC became increasingly concerned and nervous about the series and approached the government for advice. The government demanded that the programme on Zircon be shelved, on the grounds of national security, and the BBC complied. A second episode, titled Cabinet, was also held back.
Two days after this was reported in January 1987, an injunction
was obtained by the Attorney General restraining Campbell from talking or writing about the contents of the film.
Campbell then wrote an article giving his account of the episode for the New Statesman
magazine.
He could not be found to be served with the injunction whereupon the magazine published details of the contents of the film. The Special Branch
then raided the offices of the magazine. Then, under the authority of a warrant under section 9 of the Official Secrets Act 1911
, they conducted a raid of the BBC's premises in Glasgow which lasted for 28 hours.
The matter now becoming public knowledge, opposition MP
Robin Cook
managed to obtain a video of the Zircon documentary and arranged a showing of it to MPs in the House of Commons. The Attorney General, Sir Michael Havers, sought an injunction in the High Court
to prevent the video's showing, but the application was dismissed on the basis of parliamentary privilege
.
Frustrated, the Attorney General organised a briefing on the matter for the Speaker of the House of Commons
, based on confidentiality stemming from their common membership of the Privy Council
. That day, the Speaker
ruled that no part of the Palace of Westminster
was to be used for the showing of the video, pending a report by the Committee of Privileges. There was much political consternation at the ruling.
However, by this time, copies of the video had been obtained by various civil liberties
organisations, which arranged public showings around the UK. The government were now placed in a difficult situation. The showings would be in clear violation of the Official Secrets Act but prosecution under the acts is possible only with the permission of the Attorney General and there was a danger of an escalating political crisis. The Attorney General stayed his hand and the matter soon faded in the public interest.
The Committee of Privileges subsequently recommended that showing the video would fall outside proceedings in parliament and was, therefore, not protected by privilege. They further recommended that the Speaker's actions had been wholly proper.
The affair led to the resignation of BBC Director-General
Alasdair Milne
in January 1987.
During the winter of 1985–1986, journalist Duncan Campbell
Duncan Campbell (investigative journalist)
Duncan Campbell is a British freelance investigative journalist, author and television producer who, since 1975, has specialised in the subjects of intelligence and security services, defence, policing, civil liberties and, latterly, computer forensics. He was a staff writer at the New Statesman...
was commissioned by the BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
to make six half-hour television documentaries under the title Secret Society. For one programme, Campbell had unearthed some details on a secret spy-satellite project, code name Zircon
Zircon (satellite)
Zircon was the codename for a British signals intelligence satellite, intended to be launched in 1988, before being cancelled.During the Cold War, Britain's GCHQ was heavily reliant on America's National Security Agency for communications interception from space. Concern heightened at the time of...
, that had escaped the statutory financial scrutiny of the Public Accounts Committee. The BBC became increasingly concerned and nervous about the series and approached the government for advice. The government demanded that the programme on Zircon be shelved, on the grounds of national security, and the BBC complied. A second episode, titled Cabinet, was also held back.
Two days after this was reported in January 1987, an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
was obtained by the Attorney General restraining Campbell from talking or writing about the contents of the film.
Campbell then wrote an article giving his account of the episode for the New Statesman
New Statesman
New Statesman is a British centre-left political and cultural magazine published weekly in London. Founded in 1913, and connected with leading members of the Fabian Society, the magazine reached a circulation peak in the late 1960s....
magazine.
He could not be found to be served with the injunction whereupon the magazine published details of the contents of the film. The Special Branch
Special Branch
Special Branch is a label customarily used to identify units responsible for matters of national security in British and Commonwealth police forces, as well as in the Royal Thai Police...
then raided the offices of the magazine. Then, under the authority of a warrant under section 9 of the Official Secrets Act 1911
Official Secrets Act 1911
The Official Secrets Act 1911 is an Act of the Parliament of the United Kingdom. It replaces the Official Secrets Act 1889....
, they conducted a raid of the BBC's premises in Glasgow which lasted for 28 hours.
The matter now becoming public knowledge, opposition MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
Robin Cook
Robin Cook
Robert Finlayson Cook was a British Labour Party politician, who was the Member of Parliament for Livingston from 1983 until his death, and notably served in the Cabinet as Foreign Secretary from 1997 to 2001....
managed to obtain a video of the Zircon documentary and arranged a showing of it to MPs in the House of Commons. The Attorney General, Sir Michael Havers, sought an injunction in the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
to prevent the video's showing, but the application was dismissed on the basis of parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
.
Frustrated, the Attorney General organised a briefing on the matter for the Speaker of the House of Commons
Speaker of the British House of Commons
The Speaker of the House of Commons is the presiding officer of the House of Commons, the United Kingdom's lower chamber of Parliament. The current Speaker is John Bercow, who was elected on 22 June 2009, following the resignation of Michael Martin...
, based on confidentiality stemming from their common membership of the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
. That day, the Speaker
Bernard Weatherill
Bruce Bernard Weatherill, Baron Weatherill, PC, DL, KStJ was a British Conservative Party politician who became Speaker of the House of Commons.-Tailor:...
ruled that no part of the Palace of Westminster
Palace of Westminster
The Palace of Westminster, also known as the Houses of Parliament or Westminster Palace, is the meeting place of the two houses of the Parliament of the United Kingdom—the House of Lords and the House of Commons...
was to be used for the showing of the video, pending a report by the Committee of Privileges. There was much political consternation at the ruling.
However, by this time, copies of the video had been obtained by various civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
organisations, which arranged public showings around the UK. The government were now placed in a difficult situation. The showings would be in clear violation of the Official Secrets Act but prosecution under the acts is possible only with the permission of the Attorney General and there was a danger of an escalating political crisis. The Attorney General stayed his hand and the matter soon faded in the public interest.
The Committee of Privileges subsequently recommended that showing the video would fall outside proceedings in parliament and was, therefore, not protected by privilege. They further recommended that the Speaker's actions had been wholly proper.
The affair led to the resignation of BBC Director-General
Director-General of the BBC
The Director-General of the British Broadcasting Corporation is chief executive and editor-in-chief of the BBC.The position was formerly appointed by the Board of Governors of the BBC and is now appointed by the BBC Trust....
Alasdair Milne
Alasdair Milne
Alasdair David Gordon Milne is a former BBC producer who became Controller of BBC Scotland, the BBC's Director of Programmes and then Director-General of the BBC in July 1982. His resignation was forced by the BBC Governors in January 1987, following pressure from the Thatcher government...
in January 1987.