Backtracking on Braverman
It is interesting that a story so innocuous could become fodder for the front pages several days in a row but that is exactly what has happened with the speeding claims against Home Secretary, Suella Braverman.
When she was caught speeding last summer, it may have been a source of amusement for her political opponents but Braverman faces the same laws as the rest of us. She could have paid a fine and accepted three points on her licence or attended a speed awareness course.
Either would have been fine but Braverman was apparently concerned about her insurance premiums and therefore favoured doing a course.
Problems arose because she asked civil servants about the possibility of arranging a one-on-one course. She claimed that there were security concerns inherent in taking a course alongside other members of the public.
Civil servants then, correctly, informed the Home Secretary that this was not something within their purview.
Braverman then asked a political adviser to instead arrange a private course but they were told that special treatment was not available. It was at this point that the Home Secretary instead elected to pay the fine and accept the points on her licence.
This latest scandal enveloping the government has been compounded by the prime minister, Rishi Sunak, who has dithered over the prospect of an ethics inquiry. The news story has clearly caught him off guard. He apparently only first heard about it when it was reported in The Sunday Times and is on the backfoot because he has been in Japan for the G7 summit.
And so here we are: a small news story about a breach of the law turns into a full-blown political scandal that threatens the job of the Home Secretary, undermines the grip the prime minister has over his cabinet, and covers the Tories in more sleaze.
The crux of the matter is the decision to ask the advice of civil servants. Their political neutrality makes Braverman’s move a breach of the ministerial code despite what official sources may assert.
If there is an inquiry then that conclusion will prompt some sort of reprimand even if it does not directly lead to the Home Secretary leaving her post in the cabinet.
However the main effect will be on Rishi Sunak’s premiership. After a poor showing in local elections, he is still not on the proverbial hot seat but things are certainly not going in the right direction ahead of a general election next year and questions are starting to be asked.
His failure to act decisively will not only make him appear weak but also makes it much harder to distance himself from the scandal-ridden government of Boris Johnson. As the shadow Health Secretary, Wes Streeting, pointed out, the prime minister’s statement looked like a hostage situation rather than full-throated support for a colleague. It is known that Sunak and Braverman have political differences but this failure to act makes it appear like the prime minister does not have the political clout to discipline members of his own cabinet.
The legal troubles for the Home Secretary are only the start.
This week on the podcast a tax case provides an insight into statutory interpretation by judges.
Episode link: https://uklawweekly.com/2023-uksc-17/
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