Duncan ShipleyDalton Profile picture
Comments own views, NOT behalf any org. Harvard educated, ex Soldier/ex NI Politician/Barrister NI+E&W. 'Fiat justitia ruat cælum'. Re-tweet not endorsement.

Apr 27, 2020, 7 tweets

This may seem a bit contrary but I don't agree that the various senior Labour staff implicated by the leaked report should be suspended. That doesn't mean they should not be investigated, possibly charged with rule breaches and sanctioned by the NCC (including expulsion).

Suspension during investigation of allegations is only legally justified as an administrative procedure to prevent ongoing harm. It is not a punishment and cannot be used as such. Unless the accused members are in positions where they can do ongoing harm, unless suspended, >

then there is no need to suspend and it would be legally flawed. The use of admin suspensions has been widely abused by the GLU. I have no sympathy for the former senior staff but that doesn't mean I will drop my principles overboard on the issue of fairness and due process.

The principle was well expressed in the film 'A Man for All Seasons' about Sir Thomas More:

Roper: So now you’d give the Devil benefit of law?
More: Yes. What would you do? Cut a great road through the law to get after the Devil?>

Roper: I’d cut down every law in England to do that!
More: Oh? And, when the last law was down, and the Devil turned round on you – where would you hide, Roper, the laws all being flat?>

More: This country’s planted thick with laws from coast to coast – man’s laws, not God’s – and, if you cut them down – and you’re just the man to do it – d’you really think you could stand upright in the winds that would blow then?>

More: Yes, I’d give the Devil benefit of law, for my own safety’s sake.

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