And Yet the Law Must Prevail
Boris Johnson’s decision to resign as an MP on Friday sent shockwaves around the political world but really it was just speeding up what, by that point, was a foregone conclusion.
The former prime minister’s move came after he received a draft version of the Partygate report. We can therefore assume that the report, as expected, recommends a minimum 10-day suspension from the House of Commons. This would have opened up the possibility of a recall petition in his Uxbridge and Ruislip constituency and if that was signed by enough constituents then it would have triggered a by-election.
Of course Johnson may have ultimately won that by-election but, by that point, his reputation and political career would have been amongst the ashes. Instead his resignation allows a more swift return to the comfy confines of a six-figure salary writing for The Daily Telegraph.
What now becomes of the Partygate Report that the public has still not seen?
Over the weekend there was some concern that, with Johnson’s fate now sealed, there was no need for the report and it might be shelved. Fortunately MPs have now confirmed that the report will be finalised today and then published some time this week.
It should not be underestimated just how important this move is. Without the full report we would have been left in the realm of speculation but if it is as damning as many suspect then it is important from a rule of law perspective that everyone can read it. Members of the public must be able to see exactly how their prime minister knowingly misled the elected chamber and attempted to get away with it.
Conservative councillor, barrister, and Twitter laughing stock Steven Barrett has attempted to defend Johnson by arguing that the report shows a failure of the rule of law. He suggests that outside of Parliament, Johnson would be able to seek justice in the courts but Parliament is a law unto itself where “you can have your livelihood threatened if you dare to even speak out”.
Ignoring the fact that Johnson did try to turn this into a court case by hiring lawyers at significant public expense, the alternative here is to tear up the Bill of Rights and open proceedings in Parliament up to the courts. Basic constitutional concepts like the separation of powers would fall by the wayside and the rule of law, that Barrett invokes, would be left in a sorry state.
At its heart, the rule of law is about showing that even those at the top of the pyramid are subject to the law. With that in mind, the sooner the Partygate Report is published the better.
This week the podcast is back with a decision that highlights some of the problems with charity law in this country and how the system can be abused by those more interested in profit than helping others.
Episode link: http://uklawweekly.com/2023-uksc-18/
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Marcus