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Privilege and partisanship: a dangerous combination

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John Jackson (London, Mishcon de Reya): Ahem!  Whilst I agree with most of what has been said about the Damian Green affair – particularly the activities of the police, there is an awkward aspect which is in danger of being stuffed under the carpet.

Parliamentary Privilege – a hugely important part of our unwritten constitution -  evolved well before political parties and their activities were a part of our landscape. It was, and is, an essential part of the way in which we, all of us, are protected from the abuse of power by those in control of the state. It is our protection and those who are elected by us to serve in Parliament, our MPs, have a duty to remember that in all their dealings. It is not just a rule of their playground!

And, further, that duty is owed to all whose interests they represent. Not only to those who voted for them, and particularly not only to those who voted for them for party political reasons -  for party not representation.

It is the whiff of party political game playing, seeking partly or primarily to embarrass political opponents in government to gain party advantage, which has made me uneasy in recent days.

The kidnapping of our representative democracy by our political parties causes real problems. To whom are our MPs loyal? Their party, which determines their political career, or all their constituents who do not? The answer to that can influence the way in which they defend, or use, the privileges which we give them. Consider what Damian Green may have done and read what some MPs are writing about it wearing those questioning spectacles!

Something has gone badly wrong. I doubt the ability, or will, of Parliament to put it right and, with respect for the views of William Rees Mogg, agree with what Anthony Barnett has said about that. Somehow ‘we the people’ must find a way to assert our right to determine the framework within which we are governed. Our political parties will not like that. Will our Members of Parliament? 

openDemocracy Author

John Jackson

John Jackson is a lawyer who has never practised the law professionally.  He is Chairman Emeritus of Mishcon de Reya and was a founding member of the Board of openDemocracy. He recently launched JJ Books.

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