The real criminals

Sunday Telegraph
Christopher Booker's Notebook
Sunday 28th November 2004

Who arrests the Prime Minister for this crime?
Did Tony Blair, Gordon Brown and John Prescott all recently commit a criminal offence? The promise in the Queen's Speech of a referendum on the EU constitution makes it all the more urgent to resolve an extraordinary anomaly which arose during the referendum on a regional assembly for the North-East.
Among high-profile campaigners for a Yes vote were Messrs Blair, Brown and Prescott, all of whom visited the North-East in the run-up to polling day.
Yet, as was pointed out by Neil Herron, the director of the "North-East No" campaign, the speeches and interviews by these ministers were in breach of the Political Parties, Elections and Referendums Act.
This makes it an offence for ministers to "publish" any material relevant to a referendum during the 28-day "purdah period" before polling day. Mr Herron has in his possession a letter from Ian Scotter of the Office of the Deputy Prime Minister stating that the term "publication", according to Treasury counsel, "also applies to speeches and press interviews".
A letter from one of Mr Scotter's colleagues states that "ministers are permitted to speak on the issues during the 'purdah period' if they make it clear that they are doing so in a personal or political capacity and not as a government minister".
Yet when these eminent politicians appeared in the North-East, they took no obvious steps to make clear that they were not speaking in their ministerial capacity, but only as the MPs for Sedgefield, Dunfermline and Hull East.
A series of parliamentary questions has now been tabled by Lord Stoddart of Swindon, asking the Government to confirm that these letters correctly interpret the law - and to make clear who is responsible for enforcing it.
The Electoral Commission disclaims any responsibility. Whose duty will it be, then, when Tony Blair appears on television as Prime Minister during the final days of the referendum on the European constitution, to tap him on the shoulder and say, "I am arresting you for a breach of the Act"?
It may seem ridiculous, but if politicians are allowed openly to break their own laws, does it not become a rather serious matter?