A lire cet article : These puffed-up worthies have shown contempt for natural justice, writes ANDREW TETTENBORN

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The cheek of it! These puffed-up worthies have shown contempt for natural justice, writes ANDREW TETTENBORN

Lord Pannick KC has one of the finest legal minds in the country. His advice that the Commons probe against Boris Johnson is unfair and flawed was argued with devastating clarity when he delivered it earlier this month – and looked to many like a slam-dunk against the ex-PM’s critics.

In flatly rejecting his views, the Commons Privileges Committee has shown contempt for natural justice. It has insulted the principles of fairness and decency for which this country is famed.

Indeed, these puffed-up worthies go so far as to arrogantly accuse perhaps Britain’s most respected public lawyer of a ‘systemic misunderstanding of the parliamentary process’. The cheek of it!

MPs faced mounting pressure last night to halt the Partygate probe into Boris Johnson after top QC Lord Pannick (pictured arriving at the Supreme Court in London in 2019) called it 'unfair' and 'fundamentally flawed'

Lord Pannick KC has one of the finest legal minds in the country. His advice that the Commons probe against Boris Johnson is unfair and flawed was argued with devastating clarity when he delivered it earlier this month

The Commons Privileges Committee is led by Labour veteran Harriet Harman. In flatly rejecting his views, the Commons Privileges Committee has shown contempt for natural justice

The Commons Privileges Committee is led by Labour veteran Harriet Harman. In flatly rejecting his views, the Commons Privileges Committee has shown contempt for natural justice

In case you had forgotten, Boris is accused of ‘contempt’ in the House of Commons, having allegedly misled MPs over the ‘Partygate’ affair – that storm in a teacup from which the rest of us long ago moved on.

Lord Pannick pointed out a number of glaring flaws in the Committee’s approach – and rightly warned that for Boris to be censured for unintentionally misleading the House would have a ‘chilling effect’ on democracy.

But in a statement yesterday, the committee, led by Labour veteran Harriet Harman, dismissed these arguments out of hand. Harman’s own views on Boris are clear. She tweeted in April that Boris and his then-chancellor Rishi Sunak ‘misled’ the Commons by accepting a fine for breaching Covid regulations.

In case you had forgotten, Boris Johnson is accused of 'contempt' in the House of Commons, having allegedly misled MPs over the 'Partygate' affair

In case you had forgotten, Boris Johnson is accused of ‘contempt’ in the House of Commons, having allegedly misled MPs over the ‘Partygate’ affair

She also shared a blog by ex-Labour press secretary Alastair Campbell that claimed the former PM ‘broke [his] own emergency laws’, ‘lied repeatedly’ and ‘trashed the ministerial code’.

How can a woman like this possibly head a fair inquiry? This has looked like a witch-hunt from the start. Harman herself stepped in only when the previous head, her Labour colleague Chris Bryant, recused himself after ranting on social media: ‘The PM broke the law, repeatedly lied to Parliament and refused to correct the record.’ Bryant concluded Johnson was ‘not fit for office’.

Still on the committee is Conservative MP for Newbury Laura Farris, an ally of Sunak’s who has opined that parties at No10 had a ‘corrosive effect on public trust’ and that the PM’s leadership was ‘untenable’.

Harman stepped in only when the previous head, her Labour colleague Chris Bryant, recused himself after ranting on social media: 'The PM broke the law, repeatedly lied to Parliament and refused to correct the record'

Harman stepped in only when the previous head, her Labour colleague Chris Bryant, recused himself after ranting on social media: ‘The PM broke the law, repeatedly lied to Parliament and refused to correct the record.’ Bryant concluded Johnson was ‘not fit for office’

Then there is the Scottish National Party’s Allan Dorans, who has approvingly retweeted claims on social media that the ‘charlatan’ former PM is guilty of a ‘litany of lies’ and should be ‘shown the door’. In all, seven MPs sit on the committee: four Conservative, two Labour and one SNP. All but two have voiced their distaste for ‘Partygate’ or for Boris himself.

Add to this the devastating analysis by Lord Pannick, and the whole investigation appears indefensible.

There is no logical alternative but to close it down before it wreaks further damage to the credibility of the Commons.

Let me be clear: I do not want to see Parliament stripped of its powers to investigate contempt and other abuses by MPs.

Then there is the Scottish National Party's Allan Dorans, who has approvingly retweeted claims on social media that the 'charlatan' former PM is guilty of a 'litany of lies' and should be 'shown the door'

Then there is the Scottish National Party’s Allan Dorans, who has approvingly retweeted claims on social media that the ‘charlatan’ former PM is guilty of a ‘litany of lies’ and should be ‘shown the door’

However, we need urgent reform. It is time that we had a statute for ‘contempt’ of Parliament, with proper definitions, a clear legal framework laying down protections for defendants and the power for courts to intervene where necessary.

And one thing that must be absolutely clear is that even if lying to Parliament is contempt, inadvertently misleading the Commons is not. If the present case goes against Boris and he is found guilty of contempt, it will be bad for him – but worse for our democracy.

Will the Privileges Committee realise any of this? I fear not. And thus they will continue to erode the public’s trust in the very institutions they purport to defend.

Andrew Tettenborn is a writer and a professor of law at Swansea University.

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