Following an
earlier shorter message about the Mayor of London, I now return to the
matter. An observer of Britain from Spain certainly, and one from Mars
probably, sees this:
The Mayor of London got drunk at a party
paid for out of public money and held in City Hall. As he left he was approached
quite legitimately and civilly by a journalist, whom he insulted gratuitously
(see transcript below). He refused to apologise for the insult either then or
later. A formal complaint was made. The body established by law to look into
such matters did so, and it decided that he should be suspended for four weeks
for bringing his office into disrepute. There is provision for an appeal to the
courts against this decision and the Mayor is availing himself of it. The suspension
will not be imposed while the appeal is considered.
The Minister for Culture is married to a
man whose financial and legal dealings are controversial though not,
apparently, illegal. The Minister’s involvement with her husband’s financial
activities led to a complaint being made about her. The body established by law
to look into such matters did so, and it decided that she had not acted in an
improper way and cleared her. Her husband has not been charged with, let alone
found guilty of, any illegal activity. Even were he to be (and I know that he
is not out of the Italian woods), her own involvement should not be taken for
granted. The presumption of innocence should apply.
What is interesting about these two tales
of the established proceedings taking their course is the reactions that they
have provoked. In some quarters the ire surrounding Livingstone’s suspension
has been matched by equally fervent support for Jowell in her predicament.
Why is this? It is easy to suggest a lack
of coherence but that is not what I wish to do here. Those who adopt these two positions
are being perfectly coherent. The problem is not intellectual coherence but the
criterion on which opinions are based. My criterion is that the law should be
applied properly and without favouritism, and there is no evidence that I have
seen to suggest that it has not been in either of the cases that I describe.
But other people use a different criterion in comparing and judging these
situations.
Bureaucrats shouldn’t be able to suspend an
elected representative, people say; but Parliament in its wisdom provided for
precisely that possibility. This rule shouldn’t apply to the Mayor of London,
people insist; well, they may insist, but Parliament in its sovereignty made no
express provision for the Mayor of London to be excluded from the provisions of
the Local Government Act 2000. The Board of Jewish Deputies has no standing in
the case, it is claimed; but who is to decide such a claim? Outraged of the
Blogosphere or the Standards Board for England, whose decisions are always subject
to an appeal to the courts that it has acted ultra vires? As far as I am aware
no such appeal has been made
Putting all of this together, it is clear
that the criterion being used to unify this position is not the application of
the law; on the contrary, it is the defence of the upper reaches of the Labour
Party from assault by the established law of the land. Powerful élites will
always defend their own and that certainly seems to be happening here, but
apart from that there has always been a strong element of victimism on the
traditional British left, and in the defence of Livingstone against the law we
see an attitude that is morally indistinguishable from a football fan screaming
in the street after the match that his team was robbed, the ref was blind, and
the other side started the trouble anyway.
This is the confusion of means and ends for
political purposes: the political end of advancing the interests of the Labour
Party justifies the means of rubbishing constitutionally and democratically established
procedures. It is the playing of the man (or in this case the committee) instead
of the ball. It is the attempt to place political pressure above an established
constitutional process. And it is – obviously – undemocratic.
I think it is time to revisit Sir Thomas
More in the words of Robert Bolt (A Man for All Seasons), speaking to his
son-in-law Robert Roper:
“And when the
last law was down, and the Devil turned round on you—where would you hide,
Roper, the laws all being flat? This country’s planted thick with laws from
coast to coast—man’s laws, not God’s—and if you cut them down—and you’re just
the man to do it—d’you really think you could stand upright in the winds that
would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s
sake.”
In modern Britain
the law is seen as something to be enforced. But in democratic Spain it is seen
– not surprisingly given the country’s history – as something to be defended,
for without* the law there is chaos. My criterion is that of the law, not that
of the sectional interest of any party or group that would override it, and I
make no apology for saying so.
*That without can be taken in either of its
possible meanings.
(Tony Hatfield has commented on this message on his own blog - click here)
Transcript
of the Finegold – Livingstone exchange
Finegold: “Mr. Livingstone, Evening Standard. How did it…”
Livingstone: “Oh, how awful for you.”
Finegold: “How did tonight go?”
Livingstone: “Have you thought of having treatment?”
Finegold: “How did tonight go?”
Livingstone: “Have you thought of having treatment?”
Finegold: “Was it a good party? What does it mean for you?”
Livingstone: “What did you do before? Were you a German war criminal?”
Finegold: “No, I’m Jewish. I wasn’t a German war criminal.”
Livingstone: “Ah, right.”
Finegold: “I’m actually quite offended by that. So, how did tonight go?”
Livingstone: “Well you might be, but actually you are just like a
concentration camp guard. You’re just doing it ‘cause you’re paid to, aren’t
you?”
Finegold: “Great. I’ve got you on record for that. So how did tonight
go?”
Livingstone: “It’s nothing to do with you because your paper is a load
of scumbags.”
Finegold: “How did tonight go?”
Livingstone: “It’s reactionary bigots…”
Finegold: “I’m a journalist. I’m doing my job.”
Livingstone: “… and who supported fascism.”
Finegold: “I’m only asking for a simple comment. I’m only asking for a
comment.”
Livingstone: “Well, work for a paper that isn’t…”
Finegold: “I’m only asking for a comment.”
Livingstone: “… that had a record of supporting fascism.”
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