White House was given 'heads-up' over David Miranda detention in UK
US says it did not sanction holding Glenn Greenwald's partner at Heathrow, but was told his name was on passenger list
White House deputy press secretary Josh Earnest answers questions after saying the US was not involved in the detention of David Miranda, the partner of journalist Glenn Greenwald. Photograph: Pablo Martinez Monsivais/AP
Britain was facing intense pressure on Monday to give a detailed explanation of the decision to detain the partner of the Guardian journalist Glenn Greenwald after the White House confirmed that it was given a "heads-up" before David Miranda was taken into custody for nine hours at Heathrow.
As the UK's anti-terror legislation watchdog called for a radical overhaul of the laws that allowed police to confiscate Miranda's electronic equipment, the US distanced itself from the action by saying that British authorities took the decision to detain him.
The detailed intervention by the White House will put pressure on Downing Street which declined to comment on the detention of Miranda on the grounds that it was an operational matter, adding that the Metropolitan police would decide whether its officers had acted in a proportionate manner.
The No 10 position was immediately challenged by David Anderson QC, the independent reviewer of terrorism legislation, who described the detention as unusual, and said that decisions about the proportionality were not ultimately for the police.
He told BBC Radio 4's The World at One: "The police, I'm sure, do their best. But at the end of the day there is the Independent Police Complaints Commission, which can look into the exercise of this power, there are the courts and there is my function."
The prospect of an investigation by the IPCC is likely to have been enhanced by the disclosure that the US authorities were given advanced notice of Miranda's detention after his name appeared on a passenger manifest. Miranda was detained at Heathrow airport on Sunday morning as he flew home from Berlin to Rio de Janeiro where he lives with his partner Greenwald.
During his trip to Berlin, Miranda visited Laura Poitras, the US film-maker who has been working with Greenwald and the Guardian. The Guardian paid for Miranda's flights. Miranda is not a Guardian employee but often assists Greenwald in his work.
Josh Earnest, the principal deputy White House press secretary, said at the daily briefing: "There was a heads-up that was provided by the British government. This is something that we had an indication that was likely to occur but it is not something that we requested. It was something that was done specifically by the British law enforcement officials. This is an independent British law enforcement decision that was made."
Earnest had earlier said: "This is a decision that was made by the British government without the involvement – and not at the request – of theUnited States government. It is as simple as that."
The White House spokesman confirmed that Britain alerted the US authorities after Miranda's name appeared on a passenger manifest of a flight from Berlin to Heathrow on Sunday morning. "I think that is an accurate interpretation of what a heads-up is," Earnest said when asked if the tip was provided when Miranda's name appeared on the manifest.
Earnest declined to rule out whether the US authorities had been passed information from Miranda's electronic equipment seized at Heathrow. Officials confiscated electronics equipment, including his mobile phone, laptop, camera, memory sticks, DVDs and games consoles.
Asked to rule out whether the US had been passed such material, the spokesman said: "I'm not in a position to do that right now."
The move by the White House came as David Anderson called for a review of schedule 7 of the Terrorism Act 2000, which was used to detain Miranda.
He said he hoped MPs would look carefully at the measure. The government is proposing, on the basis of a recommendation from Anderson, to reduce the maximum detention period from nine to six hours. The change is to be made through the antisocial behaviour crime and policing bill.
Anderson said: "At the moment anybody can be stopped under this power. There is no need for the police to believe they are a terrorist or to suspect they are a terrorist. The only reason they can talk to them is in order to determine whether they are a terrorist.
"It seems to me there is a question to be answered about whether it should be possible to detain somebody – to keep them for six hours, to download their mobile phone – without the need for any suspicion at all. I hope at least it is something parliament will look at."
Scotland Yard has refused to be drawn on why Miranda was stopped, using powers that enable police officers to stop and question travellers at UK ports and airports.
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