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No Misconduct in Public office here!


Dave A

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Good to see Home Affairs Minister Ms Poole-Wilson is feverishly trying to get greater sentences imposed on Sex offenders. what is rather galling though is the fact that not one of our ministers wishes to push forward with bringing in legislation for Misconduct in public office, which can carry a life sentence. I know turkey don't vote for Christmas, but come on, this is much needed legislation to put an end to the corrupt, bullying civil servants and MHK's! How about pushing this through Ms Poole -Wilson?

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25 minutes ago, Dave A said:

Good to see Home Affairs Minister Ms Poole-Wilson is feverishly trying to get greater sentences imposed on Sex offenders. what is rather galling though is the fact that not one of our ministers wishes to push forward with bringing in legislation for Misconduct in public office, which can carry a life sentence. I know turkey don't vote for Christmas, but come on, this is much needed legislation to put an end to the corrupt, bullying civil servants and MHK's! How about pushing this through Ms Poole -Wilson?

Do we have legislation against misconduct in public office? 

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20 minutes ago, Dave A said:

Good to see Home Affairs Minister Ms Poole-Wilson is feverishly trying to get greater sentences imposed on Sex offenders. what is rather galling though is the fact that not one of our ministers wishes to push forward with bringing in legislation for Misconduct in public office, which can carry a life sentence. I know turkey don't vote for Christmas, but come on, this is much needed legislation to put an end to the corrupt, bullying civil servants and MHK's! How about pushing this through Ms Poole -Wilson?

I think you've misunderstood what Poole-Wilson is doing.  As far as I can tell she's planning to activate the main parts of the Sexual Offences and Obscene Publications Act 2021 next month.  So laws which had had already been passed (and I think parts already brought in).  According to the Implementation Plan this should actually have been done last May, but as ever getting action out of the AG's Office isn't easy.

Obviously it's even harder when it's something that would 'cramp their style'.

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31 minutes ago, Thomas Dalby said:

Yes, obviously there are other specific offences which can cover certain situations

Yes, I know.  It was really the assertion that you could get life for misconduct in public  office.  1.  We have to have the legislation and 2. the legislation has to provide for that sentence. 

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35 minutes ago, Gladys said:

Yes, I know.  It was really the assertion that you could get life for misconduct in public  office.  1.  We have to have the legislation and 2. the legislation has to provide for that sentence. 

Every possible legislation could have a tariff of life!

I think the OPs point is we don't have this legislation, but in other jurisdictions it can carry a life sentence. 

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You are correct Declan. That is my point.. we don’t have this legislation and we should.  The vulnerable need protection and those in high places should not be allowed to act in undesirable ways towards others with no comeback. Not one of the Ministers will look to bring this forward as they will be afraid of the consequences should they find themselves accused of misconduct. There are plenty of serving Police and Prison  Officers who would find themselves in that boat too truth be known, as well as Chief Executives.   The list is endless and no one wants to rock the boat 

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On 2/28/2024 at 1:24 PM, Gladys said:

Do we have legislation against misconduct in public office? 

 

On 2/28/2024 at 2:57 PM, Thomas Dalby said:

At the risk of rather undoing the thread title, we have the tort of misfeasance in public office

Although it is arguable that it exists at common law, it isn't codified in statute, which UK common law offences such as murder are. So it effectively doesn't exist.

I've been lobbying for its introduction as long as I can remember. The fact that nobody has introduced a private members bill to progress this is telling.

 

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9 hours ago, Derek Flint said:

 

Although it is arguable that it exists at common law, it isn't codified in statute, which UK common law offences such as murder are. So it effectively doesn't exist.

I've been lobbying for its introduction as long as I can remember. The fact that nobody has introduced a private members bill to progress this is telling.

 

All of IoM Criminal Law is statutory. We haven’t had any common law/breast law criminal law on Island since 1777.

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After skimming through the above, it seem's to me to be as clear a case for cut & paste for the AG office. As shown in their usual approach to to any law's we presently have on our book's, what is this humongous and growing department actually doing all day.

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