Lucas, Miller and a law that worked so hard not to treat them equally

Tags

acquit, anti-fracking, Behaviour, Caroline Lucas, cash, charge, claim, commissioner, Commons Committee, court, CPS, criminal, Crown Prosecution Service, David Cameron, embezzlement, equal, expenses, false pretence, fine, fraud, government, highway, judge, law, magistrate, Maria Miller, Mike Sivier, mikesivier, money, not guilty, obstruct, offence, outcry, overturn, Parliament, police, protest, public order, resign, standards, taxpayer, trial, Vox Political

Congratulations are due to Green MP Caroline Lucas, who walked free from court today after criminal charges against her were overturned.

She had been charged with obstructing a public highway and a public order offence, during high-profile anti-fracking protests last summer. Neither offence carries a prison sentence – the maximum penalty for either charge would have been a fine of up to £1,000.

District judge Tim Pattinson said the prosecution had failed to satisfy him that Lucas had “the requisite knowledge” about the Section 14 order being in place.

On the obstruction charge, he said he did not hear any evidence that any actual obstruction of a vehicle or person was caused by the protest.

It is good for British justice that Ms Lucas was acquitted – but bad for British justice that she was taken to court in the first place, most particularly because the case contrasts so strongly with that of disgraced former cabinet minister Maria Miller.

Miller claimed tens of thousands of pounds of taxpayers’ money under false pretences. You can call that fraud, if you like (maximum penalty: 10 years’ imprisonment).

Did she go to court? No.

Because she is a member of Parliament, the financial irregularity was investigated by a Parliamentary body, the Commons Committee on Standards. Rather than take the advice of the Parliamentary Standards Commissioner, who recommended that Miller pay back the full amount, the committee ruled that she should return just £5,800 and apologise to Parliament for obstructive behaviour during the investigation.

Surely everybody can see the double-standard here?

The least we can learn from these two stories is that the law absolutely does not treat everybody equally.

Ms Lucas was arrested, detained at Her Majesty’s convenience and now she has faced trial for the offences alleged against her. This MP, who opposes the government in Parliament, was then acquitted after a fair trial and has the support of the general public in this matter.

Miller was accused of a far more serious crime than Ms Lucas but has not been arrested, has not been detained, and has not been tried for the offences alleged against her. The then-government minister was whitewashed by her colleagues and only resigned because of a public outcry against the decision.

What conclusion can the public draw, other than that government MPs are effectively above the law?

David Cameron’s government can only redeem itself with two actions: It must remove Parliament’s right to investigate claims of financial irregularity by MPs and placing this duty firmly where it belongs – with the police and the Crown Prosecution Service.

The other action?

Obvious, really…

Maria Miller must face a criminal trial, charged with fraud.

Follow me on Twitter: @MidWalesMike

Join the Vox Political Facebook page.

Vox Political supports justice.
This independent blog’s only funding comes from readers’ contributions.
Without YOUR help, we cannot keep going.
You can make a one-off donation here:

Alternatively, you can buy the first Vox Political book,
Strong Words and Hard Times
in either print or eBook format here:

Coming soon: criminal sentences for the long-term unemployed?

Tags

Andrew Marr, BBC, benefit, benefits, Britannia Unchained, Coalition, community service, Conservative, criminal, Daily Telegraph, David Cameron, Department for Work and Pensions, disabled, executed, execution, Free Enterprise Group, government, Henry VIII, hospital, Jobseeker's Allowance, judge, magistrate, Middle Ages, Mike Sivier, mikesivier, NHS, Parliament, people, politics, prison, school, sick, Tories, Tory, unemployment, vagrancy, vagrant, Vox Political, welfare

Jobless criminal: Proposals by the Tory Free Enterprise group would put the clock back to the 16th century, when joblessness was a criminal offence.

According to the Telegraph, that outstanding group of backwards-thinking Tories, the Free Enterprise group, has come up with a new way of turning back time to the Middle Ages.

The group, some of whose luminaries were responsible for the stain on literature known as Britannia Unchained, believe those out of work for more than a year should have their benefits docked by 20 per cent.

Anyone unemployed for more than six months should do 30 hours’ community service and lose 10 per cent of their benefits, they reckon.

Britannia Unchained, you will recall, wrongly suggests that workers in the UK are among the laziest in the world.

Magistrates regularly dish out community service orders to people who have been convicted of criminal offences that may be punishable by imprisonment. These orders are for work totalling not less than 40 hours. I suppose the Free Enterprise zealots think they have cleverly avoided comparisons by limiting their suggestion to 30 hours, but if a person is unemployed for more than a year, under their proposal, they would have to do 60 hours’ unpaid work in the community – well within the amount for criminal offences.

Taking away 20 per cent of a person’s income has never been within a magistrate’s – or a judge’s – powers as fines have always been specific amounts. I would imagine that a judge would consider such a sentence to be an overly cruel and unusual punishment.

The whole proposal is reminiscent of the days – perhaps the Free Enterprisers consider them ‘good old days’ – when unemployment was considered a crime, along with vagrancy. Perhaps we should be happy they don’t want to reintroduce the death penalty for it!

That is exactly what unemployment used to attract. From 1536, the law allowed vagabonds and the jobless to be whipped and hanged. In 1547, a bill was passed that subjected vagrants to some of the more extreme provisions of the criminal law, namely two years servitude and branding with a “V” as the penalty for the first offense and death for the second. During the reign of Henry VIII, as many as 72,000 people are estimated to have been executed.

He was on the throne for a fair amount of time, so he’d probably be impressed by the death toll already racked up by this government among the sick and disabled.

Chris Skidmore, Conservative MP for Kingswood, who part-wrote the report, tried to make it look respectable by saying, “Now is the time for the Conservative party to be brave. We need bold thinking and ideas that reflect the fact that we are the party that believes people should have the freedom to make the decisions about the things that affect them.”

Which people? Not unemployed people, I take it. People like you, Chris?

We know the welfare budget is going to be hit again by the Coalition government – these idiots simply don’t have any other ideas. Comedy Prime Minister David Cameron told Andrew Marr his party would “level” with the public about the need for another £16 billion of spending cuts in 2015-16.

“We have to find these spending reductions and if we want to avoid cuts in things like hospitals and schools, services that we all rely on, we have to look at things like the welfare budget,” he said.

So the Free Enterprise group’s foolishness might soon become government policy.

And don’t be fooled by Cameron’s comments about hospitals and schools. When he says these are services “we all rely on”, he means that he and his cronies are relying on turning them into cash cows from which they can all profit. The hospitals are already being sold off piecemeal to private firms that Tory ministers partly own.