Crucial ‘separation of powers’ at risk

Democracies need to be careful about any blurring of the lines between politicians and the justice system

According to the Metropolitan Police, it would be wrong to issue further updates about its Partygate investigation until after May 5 “due to the restrictions around communicating before the local elections”.

This is very much their interpretation of UK Government and police guidance on how civil servants should behave ahead of an election and it is, in our view, dangerously misguided.

The “pre-election period of sensitivity”, aka purdah, is designed mainly to prevent a ruling party from using the resources of the state to stay in power. Civil servants are advised to “avoid any action that is, or could be construed as being, party political or otherwise controversial in the context of the elections”. However, if the Partygate investigation reaches the stage when a fine would normally be issued, then delaying news of that decision until after the election would be the party political act.

Statues of ‘Lady Justice’ are usually depicted wearing a blindfold to highlight the fundamental legal principle that justice must be impartial and blind to power, wealth and other sources of status. So officers should be acting as if the cases against Boris Johnson and co are just like any other. However, while we have confidence that the cases will be investigated as they should, it is not implausible to suggest the Met might do ‘favours’ over the timing, unsolicited or otherwise.

The decision to delay investigation updates has prompted criticism of the police, but the real villain is the Prime Minister who put officers in this position. By doing so, he has put the crucial ‘separation of powers’ under pressure. And democracies need to be extremely careful about any blurring of the lines between politicians and the justice system, particularly when one party has been in power for a long time as the Conservatives have been in Westminster and also the SNP at Holyrood.

MPS’ decision yesterday to ask the Privileges Committee to investigate whether Johnson misled them over Partygate is a welcome sign of hope that a Prime Minister who lies blatantly and breaks the law will ultimately not be allowed to stay in office.

However if Lady Justice has already started to peek from behind her blindfold and act deferentially towards the powerful, then the corrupting effects of the Partygate affair may last long after Johnson has gone.