Bad Law

News story: “upskirting” to be outlawed.  Replaced by news story: “upskirting” bill scuppered by rogue MP.  Cries of “shame”!

Background.  This was a private members’ bill, motivated by a campaigner’s bad experience.  The campaigner has clearly suffered a Bad Thing: an event that might be described as assault, with followup that looks like bullying or harassment.  That she should have some remedy in law seems uncontroversial, even if two years prison seems disproportionate.

But does that really imply a whole new criminal offence?  Looks to me like a cop-out.  When we talk about Good Practice like one-in-one-out for new criminal laws, this is precisely the kind of thing we mean.  Might it not be much more productive to review why existing laws dealing with assault, bullying and harassment had failed this victim?  A proper review might do something for many victims whose equally-distressing bullying and harassment just hasn’t got media attention.

This stinks of Bad Law.  And of Bad Processes for making law: it’s been cooked up behind closed doors without any opportunity for review by the representatives we supposedly elect to make our laws (so much for “democracy”).  Perhaps if it had had proper (or indeed any) debate, someone would have pointed out that this was a Very Bad fix.

The campaigner is in the right: she should have some remedy.  The backbencher who brought the bill is right-ish: a backbencher has no real remedies, and the outcome should have been to put it on the Government’s agenda.  But for the Government itself to jump on this populist measure is a disgraceful failure in its obligation to deal with such obvious shortcomings in existing law.  The hero of this case is the backbencher who stopped it and forced at least a debate.  Must take courage to bring down the wrath of the Establishment and kneejerk media on yourself like that!

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Posted on June 16, 2018, in politics, uk. Bookmark the permalink. Leave a comment.

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