The Post Office Scandal and our own work on it features in the House of Lords report on the Rule of Law out today. It is good to see some of the issues that I think many of the victims of the Scandal have talked about being emphasised. In particular, the point that has been described to us frequently as there is “one law for us and another for them”:
- Fairness before the law is one of the five key elements that we have identified as forming part of the rule of law. It requires that everyone, regardless of wealth or status, is granted the benefit of their legal rights, is responsible for adhering to their legal obligations, and is held to account for breaching them.95 Any difference in the application of the law is for legitimate reasons only and based on objective differences.96 Shameem Ahmad, CEO of the Public Law Project, said that this was her “favourite component” of the rule of law, as it “brings to life the law for marginalised individuals and makes sure that the law is not only accurate but just”.97
- This component of the rule of law is the one that, we heard, members of the public are most familiar with. Chris Nelson emphasised that the British public “have a sense of fairness”, which, if “they believe it has been undermined, 93 Q 15 (Jeff King) 94 Ibid. 95 Q 54 (Shameem Ahmad), written evidence from Leeds Law School (ROL0063), Sir Jeffrey Jowell KCMG KC (ROL0099), CILEX (ROL0013), the Faculty of Advocates (ROL0012), and Lord Stewart of Dirleton KC (ROL0096) 96 Q 54 (Shameem Ahmad), written evidence from Leeds Law School (ROL0063) 97 Q 54 (Shameem Ahmad) 18 The rule of law: holding the line against tyranny and anarchy they will be outraged”.98 And in their written evidence, JUSTICE told us that: “there is a strong public sentiment about the rule of law, particularly when it comes to perceptions of fairness and justice. Public reactions to high-profile instances, such as Horizon/Post Office Workers scandal, Partygate, the Hillsborough disaster, and the Grenfell Tower tragedy, demonstrate a deep-rooted belief in the importance of accountability and fairness. In each case, the public’s demand for justice and the proper application of the law reflected a broader understanding of the rule of law as an essential mechanism to ensure that no one is above the law, regardless of their position or status”.99 47. Fairness before the law is a fundamental component of the rule of law, but equally as important for the ongoing existence of a strong rule of law culture is the perception that everyone is to be treated fairly by the law.
Lawyers ethics comes in for some attention (para 128 onwards) based on our work and the LSB’s ongoing strategic emphasis.
And, later when coming to its recommendations
The core values that are central to our rule of law culture are those of equality, fairness and justice. If these values are not present (or are perceived not to be present) in our society, then the rule of law culture is liable to be degraded and to break down. Therefore, for people to trust that the rule of law is working, they need to feel that everyone, including public figures, is seeking to act within the law, and that those who do not will face the appropriate consequences. (Paragraph 49) 10. Confidence in the rule of law is challenged by perceptions of disrespect for the law, particularly when this is seen within those institutions that play a role in upholding the rule of law, such as Government, Parliament, the courts, and law enforcement. (Paragraph 50) 11. It is vital for the maintenance of a rule of law culture that everyone takes personal responsibility to act lawfully, and that they are held to account if they do break the law. Prominent examples of people flouting the law without facing any consequences damage belief in the rule of law and, in turn, risk the breakdown of ordered society. The increasing prominence of petty crime evident in recent years is, therefore, an insidious threat to the rule of law. (Paragraph 56)
One point they emphasise in that is the need for law-breakers, particularly more powerful law-breakers, to be held accountable. A reminder, where none is needed of course, that the outcome of the Inquiry is awaited (with predictions for a February to September reporting date being made – I have no insight on that myself) and the response of the police and regulators too.
Tomorrow we will publish a fresh report on other aspects of the problems posed by the PO Scandal that also raise rule of law and accountability questions.
