You may remember that in a recent blog posting, I mentioned how I had appeared on Newsnight, regarding the Phil Woolas case. My main point was that unelected judges should not have the right to remove voters from Parliament - only voters through a system of voter recall.
Early this morning - I had a chance to make the case again on BBC Radio 4 Today Show. I was asked on the programme, to debate with Shadow Public Health Minister Diane Abbott MP, following the news yesterday that Mr Woolas had lost his appeal in the courts. The Shadow Minister took the opposite view to me arguing that "the law was the law".
My key point was that one hundred years ago, it was the law that stated that women did not have the right to vote, but that did not mean it was necessarily right. In the same way - in my view - the law is wrong concerning Mr Woolas. Certainly, it is right that he should be sued for defamation and have to pay damages - as in any other defamation case - but that does not mean an unelected judiciary should go one step further, and frustrate the will of the electorate.
Instead, if an MP is judged to have committed wrong-doing (as in the Woolas case), voters would have the right of recall. If up to ten per cent signed a petition, a By-Election would then be-called and local constituents would have a chance to remove the MP.
I am not saying that an MP who has done wrong should not be punished by the courts. Far from it - just that he should be removed as elected representative only by voters - not by judges.
Neither am I arguing for voter recall if some voters are unhappy, with an MP's particular policy stance. Voter recall should only apply if an MP has committed wrong-doing.
P.S. You can hear the Today Programme debate HERE.
P.P.S. The Coalition Government Agreement, has this to say on voter recall:
"The parties will bring forward early legislation to introduce a power of recall, allowing voters to force a by-election where an MP was found to have engaged in serious wrongdoing and having had a petition calling for a by-election signed by 10% of his or her constituents".
by Robert Halfon - www.roberthalfon.blogspot.com
I do not agree with you Robert on this one.
ReplyDeletePhil Woolas has broken the law & should therefore be held accountable. I assume Voter Recall will cost money (more red tape).
If you tell lies about your opponent, then you should face the consequences. This happened in the Harlow elections & says very little about our previous MP & his cohorts. We want honest people representing us not those that insist in bending the trueth.