It’s unclear whether Mandelson
has committed any crimes or not in relation to his friendship with Jeffrey
Epstein, although – to date, at least – I’ve seen no serious suggestion that he
has. Folly, yes, plenty of that. Failing to declare income to parliament,
maybe: he says that he can’t remember receiving money from Epstein, and it’s
just about possible that there’s some other explanation for the relevant lines
on bank statements. Lobbying other ministers to reduce the tax bill for a friend, yes, that seems pretty clear cut. Leaking sensitive government documents
to his friend, again, yes that also seems pretty clear cut. None of it, however,
appears to be criminal. It’s enough, though, for people to be demanding that he
should be stripped of his peerage as well as standing down immediately from the
House of Lords.
It is a ‘feature’ of the English system of governance
that people appointed to the Lords cannot easily be stripped of either their
membership or their title. Apparently, it requires a specific act of parliament
in each and every case, and Sir Starmer appears to have concluded that that is
just too much trouble and is instead simply appealing to Mandelson to
voluntarily relinquish his seat, and voluntarily stop using his title, while
formally retaining it. It’s the sort of compromise and cop-out which bedevils a
constitution which assumes that all parliamentarians, in whichever House, are
inherently honourable people.
It’s a silly assumption to make – and it’s not as if
there haven’t been previous cases to underline the point. The one which immediately
leaps to mind is, of course, Jeffrey Archer. Unlike (so far) Mandelson, Archer
really did commit criminal acts and was sentenced to four years as a guest of Her
Majesty as a result. On his release in 2003, and although not a very active member,
he remained a member of the House of Lords until he voluntarily stepped down in
2024. He remains a peer today.
It’s true that the law was subsequently changed
– but it took more than ten years, until 2014 – to make it easier to sack a
member of the House of Lords for serious crimes (although being sentenced to
prison for less than twelve months, which one might think is still rather more
serious than anything Mandelson has so far been found to have done, is still considered
insufficient grounds for expulsion). The point here is not to defend Mandelson –
on the contrary, he deserves to be kicked out. It is, rather, to highlight the
arbitrary and inconsistent way in which things work, and the laziness and incompetence
which means that successive governments would prefer to leave things alone than
address an obvious failing. Demanding that the man accused of poor behaviour
takes action himself rather than ensuring that he could be dealt with swiftly
and effectively is a less than honest political response.
