A Labour manifesto is WORTHLESS #2

Following on from yesterday's court case against Gordon Brown for breach of contract over the Labour Manifesto and its promise to provide a referendum on the Constitutional Treaty, DK has been doing some digging into various laws that may apply to the statement given in defence: that
“manifesto pledges are not subject to legitimate expectation” and
therefore cannot be relied upon in a court of law.

From Devils Kitchen.

In the court case
brought against Brown for breach of contract over a referendum on the
EU Constitution, Brown's personal barrister has just told the court
that “manifesto pledges are not subject legitimate expectation”.

yes, Gordon Brown, the Prime Minister, has just told an open court that
we shouldn't expect him to be telling the truth with his promises, and
that no manifesto pledge can be considered to be binding in anyway.

Let me remind you that we live in a representative democracy. Indeed, many of those who are opposed to a referendum on the Lisbon Treaty EU Constitution, have advanced the idea of “representative democracy” as a justification for not having said referendum.

manifesto that politicians put forward before elections is the way in
which they represent themselves to the electorate. If those manifesto
pledges mean nothing—if “manifesto pledges are not subject legitimate
expectation”—then how, precisely, have these fuckers represented
themselves to us?

“With lies,” is the answer. If the manifesto
means nothing then these MPs have not actually represented themselves
to the public at all and thus they have absolutely no legitimacy whatsoever.

this means is that we are not living in a representative democracy,
because the politicians have not represented themselves to us, the
voters. In fact, they have made false representations which is fraud.

Here is the relevant extract from the Fraud Act 2006 [PDF].

  1. Fraud by false representation
    1. A person is in breach of this section if he—
      1. dishonestly makes a false representation, and
      2. intends, by making the representation—
        1. to make a gain for himself or another, or
        2. to cause loss to another or to expose another to a risk of loss.
    2. A representation is false if—
      1. it is untrue or misleading, and
      2. the person making it knows that it is, or might be, untrue or misleading.
    3. “Representation” means any representation as to fact or law, including a representation as to the state of mind of—
      1. the person making the representation, or
      2. any other person.
    4. A representation may be express or implied.
    5. For
      the purposes of this section a representation may be regarded as made
      if it (or anything implying it) is submitted in any form to any system
      or device designed to receive, convey or respond to communications
      (with or without human intervention).

Well, I reckon that you have Gordon under 2/1/a & c/i: “to make a gain for himself”. Remember, a £60,000 MP's salary is gain when obtained falsely. Private prosecution, anyone?

In fact, that would now apply to each and every Labour MP.

Now, what, I wonder, is the maximum penalty for fraud by false representation?

NuLab – Destroying Britain from the inside out.


About IanPJ

Ian Parker-Joseph, former Leader of the Libertarian Party UK, who currently heads PDPS Internet Hosting and the Personal Deed Poll Services company, has been an IT industry professional for over 20 years, providing Business Consulting, Programme and Project Management, specialising in the recovery of Projects that have failed in a process driven world. Ian’s experience is not limited to the UK, and he has successfully delivered projects in the Middle East, Africa, US, Russia, Poland, France and Germany. Working within different cultures, Ian has occupied high profile roles within multi-nationals such as Nortel and Cable & Wireless. These experiences have given Ian an excellent insight into world events, and the way that they can shape our own national future. His extensive overseas experiences have made him all too aware of how the UK interacts with its near neighbours, its place in the Commonwealth, and how our nation fits into the wider world. He is determined to rebuild many of the friendships and commercial relationships with other nations that have been sadly neglected over the years, and would like to see greater energy and food security in these countries, for the benefit of all. Ian is a vocal advocate of small government, individual freedom, low taxation and a minimum of regulation. Ian believes deeply and passionately in freedom and independence in all areas of life, and is now bringing his professional experiences to bear in the world of politics.
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