Law, Politics, Damian Green and Guns N' Roses
Been following in the footsteps of Ewan and Charley on the road of bones lately? Or perhaps you’ve been burying your head in the sand to ignore impending recession? If not, you probably noticed the Damian Green affair unfolding over the last week or so and that Guns N’ Roses have released a new album. This is still being played out on the political pages (Damian Green’s arrest that is) but we couldn’t avoid throwing in …
Been following in the footsteps of Ewan and Charley on the road of bones lately? Or perhaps you’ve been burying your head in the sand to ignore impending recession? If not, you probably noticed the Damian Green affair unfolding over the last week or so and that Guns N’ Roses have released a new album. This is still being played out on the political pages (Damian Green’s arrest that is) but we couldn’t avoid throwing in our tuppence along with every other commentator, pundit and Joe the Plumber.
Whilst there are clearly some party political issues here, it only takes a rudimentary knowledge of constitutional law to see that there are more important things at stake. To understand the cross-party discomfort with this affair, one of the Solicitr’s regular contributors set out the situation in a purely (as far as possible) legal framework…
Basically we don’t have a codified constitution in the UK but what we do have is a constitution enshrined in a mixture of statutes, common law and convention. It looks like it is the latter of these is being wrangled with in this case. (For more detail on constitutional Law check out: de Smith and Brazier, Constitutional and Administrative Law (8th ed., 1998)). We hear Rodney Brazier is something of a legend at Mahcnester Uni.
The conventions: Erskine May’s Parliamentary Practice , makes clear that MPs enjoy the protection of privilege for proceedings in Parliament. Vernon Bogdanor, Professor of Government at Oxford University , said it does not extend to MPs’ offices for criminal offences.
The arrest: Damian Green, MP, had his home and Commons office raided by police, the latter without a warrant and was held for nine hours.
The offence: conspiracy to commit misconduct in public life. Specifically, “aiding, abetting, counselling or procuring misconduct in public life”. It is worth noting here The Official Secrets Act of 1989 removed the great majority of information from the criminal law and it certainly seems that the information released would not fall within the Act hence the particular law underlying the alleged offence does not relate to the information itself.
The problem: If the information released was not illegal in itself why attempt to criminalise an opposition politician for doing what seems to be a commonly accepted practice?
Unfortunately the answer to this question certainly lies beyond the law in the political arena. However, whether you support Labour, Conservatives, Lib Dems or any other party for that matter, a student of constitutional law would see the dangers to our democratic process in this affair. What’s your take?
For those interested in ringside seats, stepping up to the breach for the chaps at the centre of this bout are Michael Caplan, QC, Stephen Parkinson and Eve Giles, all from Kingsley Napley for Mr Green and; Mr Galley has Neil O’May, head of criminal law at Bindmans.
Got a story. Contact team Solicitr
December 5, 2008
The constitutional/legal element is fairly clear for anyone to see. This is blatantly politically motivated and if Jacqui Smith and Gordon Brown think anyone is dumb enough to believe they had nothing to do with it they must be deluded. Any lawyer worth their salt has mulled over the concept of complying with the letter of the law rather than the spirit of it – this applies to both the common law used against Green and their denials that they had knowledge of the specific details of the arrest. Deniability is not the same as knowing nothing. Disgraceful.
December 5, 2008
The Tories are milking it though.
December 5, 2008
I am hardly a Tory sympathiser but there is a clear abuse of power here by the party in government. Whether it is ever proved that someone in the cabinet knew about or sanctioned or encouraged this action remains to be seen; as does the question of Green’s guilt. However, this episode is embarrasing for our democracy and Putin and his ilk can probably have a good smile at the expense of British politics.
December 5, 2008
I liked joe the plumber…
although he was a little fraud..
the rest is hogwash.
December 5, 2008
Maybe Mandleson has learnt more than the value of the ruble whilst he was swanning around with Russian oligarchs.
December 5, 2008
I agree that the Tories are milking it but even with my knowledge of constitutional law (one of only two modules I got less than a 2:1 in) tells me that a line has been crossed here. The Police have a lot to answer for here by trying to kiss some political ass but I hope this episode doesn’t overly damage the Labour Party.
December 5, 2008
Correct me if I’m wrong but didn’t a bunch of Lawyers recently protest in Pakistan against the locking up of political opponents and lawyers opposed to the dictatorship in governement. Right thinking lawyers should see this for what it is and put their politics aside. This government is heading down a rocky road with the erosion of civil liberties etc.
December 5, 2008
As an issue it seems that this doesn’t appear to be taken as seriously by the populous as by the politicians.
December 5, 2008
That’s hardly surprising. I’m not suggesting that these concepts are easy to understand but the erosion of civil liberties and their safeguards is a subtle process which this government has been carrying out for the last decade. People will not understand what the loss of rights and freedoms will mean until it affects them directly and they no longer have them. Each time a small incursion is made into these rights the likes of Gordon Brown sneer at any opposition as if it is purely a party political issue. That is not the case – Brown is paranoid, controlling and manipulative and seems to be the sort of individual that believes his view is the only view and life would be easier if he was the only on to have a say. The UK’s Nurse Ratched.
December 5, 2008
Rodders is a legend. Once the criminal issue is dealt with, they should get him in as an independent arbiter to solve all our constitutional problems.
Go Rodney
December 5, 2008
I love Rodney, he is a sweetie.
December 5, 2008
Labour suck. This is desparate and dishonourable politics. Cameron may not be much better than Brown but Labour are taking the pi$$. Time to get rid and teach them a lesson in humilitiy, arrogant tossers.
December 5, 2008
Sour milk by the Conservatives. Storm in a teacup. This issue will diasappear.
December 5, 2008
Green may still be guilty of something so how can anyone judge when the criminal investigation is still underway.
December 5, 2008
14 I think you have missed the point of the article. Constitutional issues have arisen out of this never mind the criminality or the party politics.