What If Gordon Won’t Go?

castlereagh_death1

I have cardiology appointments and a dialysis session for the rest of the day and no access to wifi so no blogging from me till much later, if at all and anyhow the media, especially the BBC, seem to have cold feet and have backed off Gordon Brown.

For the moment only. Nick Brown, PM’s top henchperson and Labour chief whip, must surely be running out of nasty little journalistic secrets by now. It won’t be long before the hounds start baying again.

It also can’t be long before Gordon has another phone-throwing tantrum or does himself or someone else a mischief. Even the loyalists might jump if he’s visibly cracking up. But would they? The line from no 10 this morning is that he’ll “have to be carried out of No. 10 in a box”.

It wouldn’t be the first story of ministerial madness in British constitutional history: this morning I’ve been reading about the early 19th century war minister, the notorious Viscount Castlereagh, of whom Byron quipped:

” Posterity will ne’er survey
a Nobler grave than this:
Here lie the bones of Castlereagh:
Stop, traveller, and piss!

The man who ordered the Peterloo massacre suffered from a form of severe paranoia that first led him to challenge the then Foreign Secretary George Canning to a disastrous duel and eventually to cut his own throat in despair.

But Lord Castlereagh wasn’t a serving PM, only a minister. There was no constitutional crisis as such. That got me wondering – what is the precedent should a British PM become sectionable while in office? Who makes the call? The Cabinet? Parliament? What about the Queen? What if he were to refuse to even see a doctor? What should happen then – should psychiatrists be sent to No. 10 to forcibly examine a Prime Minister?

A patient can be sectioned if they are perceived to be a threat to themselves or other people. Generally, a patient can only be sectioned if two doctors and a social worker or a close relative of the patient believe it is necessary. One of these doctors is usually a psychiatrist. The other is often a doctor who knows the patient well. However, in an emergency one doctor’s recommendation may be sufficient. An approved social worker also has to be involved in the assessment, and has to agree that being sectioned is the best course of action for that patient. The social worker then makes the application for a place in secure accommodation for the patient.

What if Brown were to refuse to leave office at all? The convention is that a PM can hang on for up to 15 months after a general election would have been due, but it’s only a convention and he’s always got the Civil Contingencies Act, which allows the government of the day to declare an emergency – it decides exactly what an emergency is – and to suspend democracy, override normal checks and balances and all local democracy – to rule by fiat, essentially – as the nuclear option. What could be done against that?

It’s an interesting constitutional problem and one I need to do a lot more reading about.

Published by Palau

Been there, done that, bought the t-shirt, washed the t-shirt 23 times, threw the t-shirt in the ragbag, now I'm polishing furniture with it.