Why do we trust politicians to make good laws?
8 March 2011
Why do the public trust politicians to make good law? What proof do we have that the average politician can adequately scrutinise proposed legislation? Do constituents question their politicians to see if they can retain and understand lengthy or complicated documents? Even if they have the ability - do they have the time? Yet the main function of politicians in Parliament is to debate, scrutinise, propose and amend laws. They have functions outside Parliament, but the average constituent rarely meets their MP, MSPs or MEPs. When they do, it is often a deferential relationship, rather than viewing politicians as public servants.
Legislation is often so poorly drafted that it consumes the time of the police, lawyers and judges to establish in courts of law that the politicians had not adequately thought through the consequences of the legislation they have drafted. This is often to the detriment of individuals who are on the receiving end of the law. More politicians must spend time amending it. This is becoming apparent with Equalities legislation where law-abiding Christians find themselves being criminalised or denied their rights as understood hitherto.
After three terms as Prime Minister, Tony Blair at last realised that making laws is no use if people will not keep them. The Scripture teaches us that this is the problem with legislation, and thus God has made a new covenant through Jesus Christ in which He will write His laws in the hearts of people so that they will want to keep them (Hebrews 8:8-10). This is the vital ingredient which is missing from public policy. More people need to hear the Gospel of God’s grace and have a change of heart.
Michael Portillo has expressed concern at the secular theocracy being imposed by “a small group of people who have used the law in a normative fashion”, not because there has been any public demand for such laws.
We have too many laws, made too quickly, without enough scrutiny, and poorly drafted. This leaves scope for manipulation and mis-application of the law to the wrong ends. Some examples are:
Control orders: these were used to detain people upon mere suspicion of being a terrorist.
The Public Order Act 1986: Section 5 is being misused by homosexuals to have Christians investigated by the police. Neil Addison, Criminal Law Barrister explains that the POA is intended for threatening and abusive behaviour but it is being misused to harass Christians.
A Christian hotel had its business ruined after they were prosecuted for offending a muslim in a discussion on Islam.
A street preacher was fined £1,000 by a Scottish court after answering a question about homosexuality.
An amendment to the Scottish Criminal Justice and Licensing Bill in 2010 to prevent stalking was so poorly drafted that many unsuspecting people, including Christians engaging in debate in their own home, could fall foul of the law , with a prison sentence of up to five years. In a legal opinion, leading Scottish QC Herbert Kerrigan and Solicitor-Advocate Timothy Lawson-Cruttenden made clear that the amendment would not actually need anyone to be distressed for an offence to have taken place. After a campaign by the Christian Institute, the Bill was re-drafted.
But how does a draft Bill reach such a stage? Why do we pay these politicians to do a job which they cannot do?, which requires a vigilant Christian public to spend its time, energy, money and resources to keep tabs on the next ploy that our law-makers are up to? This is even more alarming when these laws take away our freedoms. Why should we expect unpaid Christian pressure groups to keep an eye on legislation when politicians are paid to do this job?
We need Christian politicians with an interest in Christian liberties.
