TopBadger wrote: Fri Feb 20, 2026 2:29 pm
IvanV wrote: Fri Feb 20, 2026 1:55 pm
As
DAG points out, misconduct in public office is an offence that only little people - and generally just junior police and prison officers - have ever been found guilty of.
Quite - You'd think lying, for instance, would be misconduct, right?
I have no such preconception. Rather I perceive it is authoritarian regimes that crack down on "lying".
What is a lie? We are often mistaken. Or in error. Or confused. Or dogmatically committed to illogical or inconsistent doctrines. And then we tell knowing lies all the time, it is socially demanded of us. Then there is freedom of speech.
So, in a world of free speech, I think we have to distinguish between situations where some asserted fact is in some way certified as true, and where it is not. If there is no certification, then we must remain sceptical and check it for ourselves. When it is certified, then it is some form of misconduct if it turns out to be not true.
So I don't imagine that a politician telling "campaigning lies", voluntarily asserted, at the despatch box to persuade people of their (dubious) point of view, or to conceal their real reasons for supporting a particular policy, can possibly be misconduct. These are not certified facts, and we accept them at our peril. We deprecate that it was said, but rejoice in the freedom of speech that enabled it to be said.
It is, or should be, misconduct when an official asserts certain falsehoods as the basis for an official act. Those falsehoods have in effect been certified, by virtue of the official act being based on them. This is the basis on which the prosecutions of subpostmasters on the basis of known falsehoods have been asserted by observers to be misconduct in public office by the people in effect certifying those falsehoods as true fact.
When a minister is given an official question, concerning an objective fact, and either claims knowledge they have not got, or gives some clearly different information contradicting the briefing they have been given on that objective fact, then that is certainly wrong. And the specific offence is misleading the house, and probably a breach of the ministerial code. But a breach of the ministerial code is less than a parking fine these days.