From David Maughan Brown in York: Accountability

September 16th

The ‘operational challenges’ (see my September 6th entry) wholly unapologetically identified by our esteemed Secretary of State for Health and Social Care, Matt Hancock, as being responsible for people with Covid-19 symptoms being sent hundreds of miles across the country to be tested are worsening, and are already resulting in a health crisis months before the predicted winter surge of the virus.  Yesterday more than 100 people, who, after hours – sometimes days – of trying, had found it impossible to book a test, are reported to have flooded the Accident and Emergency Department at a hospital in Bolton in a desperate attempt to get themselves tested.  Front-line NHS staff, including GPs, are having to stay at home and add to the burden being shouldered by their colleagues because even they are finding it impossible to get a test.   Hancock is now petulantly blaming people who don’t have symptoms for blocking up the system by getting themselves tested, or at least by trying to.  Somebody needs to point out to him that one of the many problems with Covid-19 is that people carrying the virus can be infectious even if they are asymptomatic.  So to advise GPs to go to work when they don’t know whether they are infected, as Hancock is implicitly doing, may well add a few more to the thousands of unnecessary deaths this country has already suffered.

One might have thought that running a country of over sixty million people would carry a greater level of responsibility, and should accordingly carry a higher level of accountability, than running a FTSE company.  Under Health and Safety legislation, company directors are responsible for ensuring that their company complies with its obligations relating to the health, safety and welfare at work of its workers.  Company directors whose gross negligence leads to the death of even one of their workers can be prosecuted for corporate manslaughter and find themselves in prison.  But gross negligence on the part of a government, leading to twenty thousand deaths of their citizens, carries no such accountability.   Had it done so, to cite just one example, even our cavalier Prime Minister might have thought twice about not bothering to attend five consecutive meetings of the Cobra emergency committee held to discuss Covid-19 in the weeks before the virus arrived in UK.

But then, if the same code of conduct applied to running the country as pertains to company directorships, Boris Johnson wouldn’t be allowed anywhere near a national emergency committee.  According to a Begbies Taylor advice article, ’Company directorship brings with it a legal obligation to act in a “proper” manner when undertaking company business. If you are found to have acted improperly, you may face disqualification as well as other penalties and fines,’ or even ‘a possible prison sentence in the most severe cases.’ The article goes on to point out warningly that, ‘Company director disqualification can stop you from acting as a company director if you fail to fulfil your legal duties or demonstrate improper conduct.’   It might be thought that ‘fulfilling your legal duties’ probably doesn’t extend to unashamedly announcing an intention to flout international law.

In the lead-up to the election of Boris Johnson as leader of the Conservative Party (note the irony in the name), on 25th May 2019, Peter Stubley published an article in The Guardian titled ‘Boris Johnson: The most infamous lies and untruths by the Conservative leadership candidate.’  Johnson has repeatedly been fired from jobs for dishonesty, on one occasion for lying to the then Prime Minister about one of his many affairs.  There can surely be no question that he would have been disqualified from company directorship for improper conduct on more than one occasion, a disqualification that lasts for 15 years.  Yet here he is, negligently mishandling the most deadly pandemic our country has experienced for a hundred years, and simultaneously cocking a snoot at international law as he leads the charge of the morally light brigade over the cliff-edge of a no-deal Brexit.  And there isn’t even a company AGM at which he can be held to account.