Thursday 4 November 2021

The Owen Paterson Affair (November 2021)

I thought I could retire but this is just too much. Failures of intelligence, common sense and decency!

I can’t help feeling that nobody in our Parliamentary Democracy comes out of this smelling other than like a cow shed before cleaning! I must say at the outset that “paid advocacy” is an extreme danger to our democracy and certainly that is what Owen Paterson did! But what about the Lobbying Industry! However how will history look at this minor matter. There is a very difficult question about natural justice and the agreed procedure whereby these matters are considered and disposed of! First, how can the procedure be fair if the Adjudicator states, prior to full investigation, that the “defendant” is guilty! I state this in the positive as the Adjudicator has not sort to deny it! Second, how is it that the “defendant” is prevented from cross examining the testaments/evidence. Third, where is the right of Appeal? Without these provisions (safeguards) justice will tend to be arbitrary and capricious! Now these are not excuses for Paterson’s behaviour but as those who have only a passing acquaintance with Justice will know any one of those failures would lead to acquittal in most British Courts. So how did the “mother” of parliamentary democracies get itself into this mire? This is a rhetorical question as we know the corrupting influence of sharp elbowed Politicians and Journalists together with Social Media and 24 hour rolling news like to give the impression that there are straightforward answers – there are not!

There is also the question of what the appropriate punishment should be?

So Owen Paterson has resigned. The New Statesman and various others – BBC, Sky News etc. will not admit their complicity in the corruption of due process. MPs from the Expenses Scandal have been too scared to even speak up for due process and thus the whole thing degenerates into a partisan slanging match (at best). Worst of all from what I have seen Owen Paterson was naive in thinking that what he did was all right when many others MPs, Civil Servants advantaged themselves in more subtle ways – post Public Service – well paid jobs in the private sector!

In many ways it is well that Paterson has resigned and without holding my breath perhaps Parliament will reform the Standards Procedure. But one that does not properly and fully conform to the rules of natural justice will mean it is only a matter of time before another case will arise!