On Not Arresting Mark Field

[danieldwilliam]

I'm not in favour of Mark Field being arrested.

I do not think he has behaved well.

I don't think he, or any serving Minister of the Crown, or Member of Parliament should be above the law. When these things have been put to the trial I'm a Parliamentarian, a Leveller and a Radical.

I definately think what happened should be investigated. Mark Field should be interviewed under caution. If appropriate charges should be brought.

Cynically, with a majority of less than 3,500 in the Cities of London and Westminster,  I would not be unhappy if he were convicted and his seat vacated and a by-election called.

But I am not in favour of him being arrested on the night in question.

Firstly, I'm not convinced that even a worst case interpretation of his actions, allowing for a any defence of self-defence or preventing a crime or a breech of the peace or similar he might put forward,  constitutes a crime in England. I am not an English criminal lawyer but I do hold a foreign law degree.

Secondly, what is the point of arresting Mark Field? Mark Field is a public figure. He has been clearly identified as being involved in this incident. His address is a matter of public record. As a Government Minister he's probably not a flight risk. Arresting him on the night isn't going to prevent further disorder, the disorder had finished, and isn't going to stop the incident being investigated.

Thirdly, and most importantly, I think the police should tred carefully when arresting public officials. The police are not politically neutral. Being arrested and detained is not just an inconvenience. You are, temporarily deprived of your liberty. Pride's Purge is a thing to be mindful of and I'd be uneasy if, say, Dominic Grieve were arrested and detained for dangerous driving on the way to Parliament on the 22nd of July this year.

I am clearly advocating a double standard here. I think the police should be more careful about arresting sitting MP's than they are about arresting other cirtizens.  I think what we have here is a clash of two different due processes. The micro due process of citizens being subject to the law, tried under the law, in public, with a fair process and the macro process of MP's being as free as possible to go about their duties representing their constituents, making the law and holding the Government to account. These are rights that MP's hold in order to serve the citizenry in a democratic country. The rights of MP's are rights held in trust for you and me.   For sure, investigate the incident, bring charges if warranted, convict if the evidence says so but I think, on balance, in order to fully protect the democratic rights of citizens an  arrest immediately after the incident would have been unnecessary.

Comments

[cmcmck]

His constituency could recall him but that seems unlikely given where he represents.

Being of the female persuasion I was less that impressed seeing a big guy manhandling a slight woman- her own reaction was right on the mark though- she thinks he needs anger management classes!

It also speaks volumes for what must have been nonexistent security at that event- maybe all those big butch besuited males thought they didn't need it? She wasn't alone in her invasion of the hall.

This along with the Bojo carry on can't possibly make the Tories look good (not that they've ever looked good in the eyes of this miner's granddaughter).

[danieldwilliam]

I don't think he's eligible for recall. He's been suspended as a minister but not from the Commons as far as I can tell. It's suspension from the Commons for 10 days which opens up the potential for a recall petition. He would need to be convicted of an offence with a custodial sentence of less than a year - but if that happens it would be later.

If one were opened that constituency is probably quite good for it. The threshold is 10% and the constituency is small and in the middle of London, it's marginal, possibly a three way marginal.

She wasn't alone. I think there were about 40 protestors. I think the helps Mark Field's case, rather than otherwise.

As for manhandling people - I don't think he comes out of this well. That's about as much as I'm prepared to say until after the police and the CPS have reviewed the evidence and some other bugger has been sued for defamation. #WhyIsLordMacAlpineTrending?

Tangentially, I am in two minds about whether a group that takes direct action through civil disobedience or tresspass has legitimately opened themselves up to being manhandled by aggitated members of the public. This started with, I believe, 40 protestors gaining uninvited entry to a private event and causing a rumpus.

I don't know what to think about the noises in Johnson's flat. I know what it most likely is and second most likely is and least likely is, but having been the victim of domestic violence myself I'm holding my assumptions lightly.