I ask the question in the light of today's controversy over the Libyan who was, apparently, handed over to the former Libyan government where he was maltreated. He is now suing Jack Straw and planning to sue Tony Blair. I, too, would dearly love to sue both of those 'gentlemen' not for the same reason as 'Ahab the Arab', or whatever he's called, but "I have a little list" ready and waiting if any of m'Learned Friends are interested on a 'no win no fee' basis!
But back to the main point, is it right that foreigners should be allowed to sue ministers or ex-ministers for actions taken when they were in government? They say that diplomats are sent abroad to lie for their country and I think government ministers are appointed to be beastly to foreigners - as and when required by the interests of state. To be honest, I am somewhat pressed for time this morning and I confess not to have thought this through in any detail but provided that no personal interest is involved and that a minister is acting solely for reasons of state then he or she should be immune from legal action in our courts.
Am I wrong? Convince me!
(Sorry, still no sensible suggestions from TypePad so you will have to suffer with this miniscule font size for a little longer.)
(At last, it's fixed!)
It's true that "They say that diplomats are sent abroad to lie for their country" but that's because "They" are ignorant pillocks. The original saying was witty not dimwitted. Thus: "diplomats are sent to lie abroad for their country" - see the difference?
Posted by: dearieme | Thursday, 19 April 2012 at 11:46
Your idea looks awfully close to the actual fact that the EU police cannot be held legally liable for anything they do in the execution of their duty - anything AT ALL.
So as a principle, the answer should be NO.
If you do something illegal, you shouldn't be able to hide behind the "Nurnburg defence".
Posted by: Andrew Duffin | Thursday, 19 April 2012 at 12:23
Er, no, DM, but then we established long ago that I am, indeed, an ignorant pillock!
Pondering briefly on the matter this morning, Andrew, I would like to make clear that in my opinion if a foreigner wishes to take legal action against a British minister he should do it under *his* legal system, not ours - particularly if he's on legal aid!
Posted by: David Duff | Thursday, 19 April 2012 at 12:29
If I were a secret squirrel I would want Slippery Jack to have signed in blood, the chap has form so having his dabs on the paperwork is essential.
'Twill make fun and cash for m'learned friends and much mirth in The Grauniad. As for rights and wrongs, I am deeply sceptical about the long term value of this cloak n dagger stuff - mostly results in trouble and my money down the drain. As for the compo, its only taxpayer money, compared with a working spy satellite mere peanuts.
Posted by: rogerh | Thursday, 19 April 2012 at 15:15
David. Our political system seems to have been drafted by lawyers.
It should not be a surprise that the lawyers will do their utmost to rip off the taxpayer as they do. A law unto themselves David. Time to rid Britain of the European Mafia Courts. I listened to a former Labour minister last night saying he was in favour and supported the European Court. Is that an admission of failure that his country cannot administer justice. Why have a British Parliament if that is the case. Hand it all over to Europe!
Posted by: Jimmy | Thursday, 19 April 2012 at 21:24
David
Please excuse an uninformed question from the other side of the pond.
Are you saying that foreigners have a right to sue Her Majesties ministers and former ministers that her subjects do not?
Posted by: Hank | Friday, 20 April 2012 at 00:12
I admit, Roger, to being in two minds over this because nothing would provide me with greater 'cackle-power' than watching Jack Straw being driven off to Pentonville. However, tempting though it be, I still think foreigners should have no rights to sue ministers over here an don our money! Of course, this assumes that the minister was acting in his ministerial role only.
Shakespeare summed it up, Jimmy, "First, let's kill all the lawyers!"
Hank, no, subjects can sue the government - although I'm not sure whether or not you can actually sue the minister personally. I am trying to remember if such a thing ever happened before - perhaps readers can help. Of course, ministers can be sued as individuals for misbehaving on individual personal matters. My objection is to 'Ahab the Arab' suing a minister who had signed of on an obviously dodgy deal done because, at the time, the government was anxious to lick Gaddaffi's arse for national interest reasons.
Posted by: David Duff | Friday, 20 April 2012 at 09:26