. Theresa May built her early career in government on dubious anti-immigration rhetoric, notablyDemocracy cannot function properly in this environment and an existential problem demands a radical solution. So, MPs should be formally required to tell the truth: in the debating chamber, on TV, in print and on social media. To publish a statement that wilfully or negligently misrepresents information should be classed as misconduct in public office . In other words: we need a truth law.
Ensuring the offence captures both “wilful” and “negligent” misrepresentation will obviate spurious defences such as Johnson’s claim that he thought the Downing Street parties were “work events”. With researchers and civil servants at their disposal, parliamentarians have no excuse for misrepresenting the facts. Even so, I suggest that they should not be prosecuted if they correct the record and apologise in parliament within seven days.
Radical as it may seem, we already have all the tools to make this work within established law. “Publish” has a clear legal meaning . Tests of wilfulness or negligence are frequently applied across civil and criminal law. Determining whether someone has “misrepresented information” is often the core business of the courts. The penalty for misconduct can go all the way up to life imprisonment. While some may find that rather satisfying, I suggest limiting it, in this class of cases, to a fine.
Second, any truth law would breach “parliamentary privilege”. This guarantees that MPs will not be prosecuted for anything they say in parliament. That rule was developed to stop monarchs persecuting their political opponents. It was never intended to be a licence to lie. We now have an independent prosecution authority and independent courts: it’s time we addressed today’s challenges to democracy, not ones that were last relevant centuries ago.
My proposal won’t eradicate lying in public life. But it’s an important first step. Imagine, for a moment, that we could genuinely trust our elected representatives. That shouldn’t be a utopian ideal – and in the law, we have the means to make it a reality.Further reading