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Impotent Legislation Highlights Politicians Cannot Do Law

Posted: Friday, 4 January 2019 @ 13:43
The recent report of the Rotherham Child scandal has not only uncovered failings with the police and child services but also exposed defects in legislation drafted by the Coalition government.

The Prime Minister, the Home Secretary, the Deputy Prime Minister and others may be calling for a certain Shaun Wright to resign/consider his position from his £85,000 per annum as Police and Crime Commissioner(PCC) but there is little they can do.

Under the legislation that created the roles in 2012, a PCC can only be suspended if:

(a) the commissioner has been charged in the United Kingdom, the Channel Islands or the Isle of Man with an offence, and

(b) the offence is one which carries a maximum term of imprisonment exceeding two years

Did they think the legislation through when it was drafted?

We are left to a Labour MP John Mann who has written a letter to the Home Secretary Theresa May calling for multiple misconduct charges to be brought against those responsible.

He said: to the BBC "Having looked at the misconduct law it clearly can apply in situations like this and the severity of the issue makes a misconduct in public office charge appropriate for those who sat on reports in the council and in the South Yorkshire police. Multiple charges need to be considered.
 
"As Shaun Wright is one who needs investigating I will be asking the Home Secretary to use another police force to investigate."

Nice try but I would imagine it would be very difficult to prove criminal charges against Mr Wright and politicians do not have exactly the greatest record in conducting legal cases.

Just ask Shadow Chancellor, Ed Balls in connection with the dismissal of Haringey Head of Child Services, Sharon Shoesmith. Here the employee could (theoretically be sacked) but this was messed up with severe financial consequences for the taxpayer.
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