In criminal law, incitement is the encouragement of another person to commit a crime. It’s quite simple. It shouldn’t need explanation. If we accept the considered legal opinion of all the senior Conservative lawyers and barristers who have resigned, we can be in little doubt that breaking the Brexit Agreement is illegal. It therefore follows that anyone encouraging the breaking of that law is guilty of incitement.
If you do it in the House of Commons there is probably some parliamentary privilege that excuses your actions, but doing it on television is not in parliament and, if we follow the logic, any number of ministers including the Prime Minister are now openly inciting the nation to break the law. Surely they should be taken to court and sent to prison. But they are politicians I hear you say.
In the law cases that have been successfully tried set a precedent, which is why barristers will often refer to past cases to support their own case. In 1969 an MP was charged with incitement and sent to prison for six months. There is our precedent, lock up the cabinet for six months and let’s see if we can run the country any better without them.
They’ll appeal, you say, and get away with it. Well, in 1969 Bernadette Devlin was refused the right to appeal. So another precedent.
Of course, maybe if you have the right background and the money your appeal will be heard. An ex-tory MP was found guilty by a jury of three counts of sexual assault against two women. He will appeal, despite admitting during his trial that he had lied to the police.
So, if he gets away with it, the rest of us should. How might we manage that? Ignore covid testing! The government in its wisdom has decided that if you have tested positive for covid and do not isolate then you will be fined. Furthermore, anyone you have been in contact with who doesn’t isolate will also be fined. The simple solution is not to have the test. If you don’t officially know you’ve got it, you’re not breaking the law. And how easy will it be, should you have a positive test, to deny you have any friends – ‘No, I’ve been in contact with no one.’ Don’t forget we are required to overlook any lies or half truths that emanate from MPs or their advisors.
The crass stupidity of the affair is that people who test positive and isolate should be rewarded for their positive contribution to the society around them, not sealed in their homes like criminals. It is only through people being honest about their symptoms, getting tested and taking responsible action that we are likely to save lives.