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The Mike Hancock saga shows that politicians can't be judged by the law alone

Natural justice, not merely the law, must be seen to be applied in cases of wrongdoing.

Natural justice, not merely the law, must be seen to be applied in cases of wrongdoing.
Former Liberal Democrat MP Mike Hancock appearing on BBC News.

There’s a great Rumpole of the Bailey story, where our eponymous hero, as ever defending not prosecuting, calls on the jury to administer, not the law, but justice for the accused, who is clearly guilty of the crime for which he is charged – but for entirely understandable reasons. I am often reminded of this, and ponder whether the same shouldn’t apply to elected politicians, only in reverse?

There’s nothing very positive to say about the Mike Hancock saga from anyone’s point of view and no one, save the complainant, comes out of this with any sort of credit. But the whole saga raises one interesting point: should our public representatives sit, not above the law, but in fact below it?

The major difficulty for the Lib Dems in the Hancock case, as with many of the recent cases of inappropriate behavior (on a wildly ranging scale it should be said) is the fact that often not only were the charges not legally proven, but the authorities felt that there was insufficient evidence to even start the full legal process. And therefore, as the accused are (rightly) innocent until proven guilty, they feel no need to resign nor often face any penalty under party disciplinary procedures, however much many folk feel they should. And indeed, when calls are made for elected officials to do the decent thing, their supporters more often than not revert to the clarion call that this wouldn’t be justice. But of course, what they mean is, this wouldn’t be the law.

Now, I’m not advocating that there should be some sort of built-in lower level of proof required for politicians than the rest of us; that would hardly be liberal. But I do wonder if everyone connected with politics should accept that not only does the law need to be applied to every case, but natural justice needs to be not just applied – but to be seen to be applied. And falling on your sword for the greater good, not of the party you are a member of, but of the electorate you are there to represent, might be the best service you can do.

Sure, it’s a pipe dream. Certainly it opens up the door to wrongful accusations becoming just another political weapon. Of course, on many occasions, the innocent will suffer – we all know that in politics, you can get smoke without fire. But it might just be a price worth paying.

Richard Morris blogs at A View From Ham Common, which was named Best New Blog at the 2011 Lib Dem Conference