Article
Character
Comment
Politics
6 min read

Why the Prime Minister should swear this new oath

A proposed new constitutional instrument is a hopeful recognition of the human condition.
Keir Starmer stands in the House of Commons and recites an oath from a card held up in front of him.
Starmer swears allegiance to King Charles III, September 2022.

Thank the Almighty, the General Election is over! We have a Prime Minister. We have another cadre of MPs, some old hands and many Young Turks, all ready for the excitement of Parliamentary procedural intrigue and (hopefully) hungry to exercise their power for the betterment of their constituents. As a nation, we can all breathe a sigh of relief. We have emerged, blinking, into the sunlight of what I can only hope is five years of a milder political climate. 

What happens next? 

Well, today, every MP, new or old, will swear the Oath of Allegiance to King Charles III. This is not optional. Anyone refusing to do so cannot exercise their rights as an MP and will not receive their salary. Ultimately, the refuseniks can have the reality of their election voided. The wording of the oath excels in comprehensive brevity:  

I swear by Almighty God that I will be faithful and bear true allegiance to His Majesty King Charles, his heirs and successors, according to law. So help me God.  

The Monarch is anointed as the protector of the realm, always seeking what is best for Great Britain, and so to swear an oath to be faithful to the Monarch is to swear to seek the best for their realm. It is all perfectly simple and logical. 

But is it enough? 

It would seem that swearing fealty to the Crown is no longer enough. Now the PM must specifically swear not to lie to the Sovereign and the nation. 

Some would argue not. Our political life has been marked by controversy for as long as I have been old enough to be politically aware. MPs expenses, the coalition Government, the Brexit referendum, parliamentary gridlock, Downing Street lockdown parties…Liz Truss! It’s all been like a circus, except all the animals are dead, the clowns just sit around screaming and crying, and the tent burns down. Trust in our political establishment could hardly be lower. Perhaps in light of this, a couple of constitutional scholars have mooted the idea of an extra oath - one for the Prime Minister. 

Professor Andrew Blick, of King’s College, London, and Baron Hennessy of Nympsfield have written an open letter, on behalf of The Constitution Society, inviting the new Prime Minister to swear an additional oath specifically for their office.

The oath is intended to act as a confidence booster - an extra promise that the most powerful MP in the land will abide by the conventions of our constitution: Cabinet Government, The Ministerial Code, Civil Service Impartiality, etc. In an effort to restrain the darker impulses of the PM, the oath would also mean swearing to uphold the seven Nolan Principles: Selflessness, Integrity, Objectivity, Accountability, Openness, Honesty, Leadership. It would seem that swearing fealty to the Crown is no longer enough. Now the PM must specifically swear not to lie to the Sovereign and the nation. 

In a moment of unattractive despair, I can’t help but let out a depressed sigh.

Yet, I also have hope. This new constitutional instrument would, on the surface, be a morose admission of defeat. We can no longer assume honesty in those who wield the most power and influence. Look deeper and you see a fascinating, and hopeful, recognition of the political (and human!) condition.

The very act of swearing an oath is itself a virtue. It is an act that puts one face to face with absolute truth, goodness, and beauty. 

Yet, I also have hope. This new constitutional instrument would, on the surface, be a morose admission of defeat. We can no longer assume honesty in those who wield the most power and influence. Look deeper and you see a fascinating, and hopeful, recognition of the political (and human!) condition. 

I find this new oath fascinating, and rather cheering, in spite of all my previous electoral gloom, because it clearly speaks to the human need for the transcendent and the eternal. So often our politics seems to be mired in the drudgery of the immediate: will the economy grow in the next quarter, will NHS waiting lists diminish by the end of the calendar year, will the crime stats be favourable any time soon. We rarely hear of any ‘vision’ for our country the looks to the horizon - not even the decade, let alone the voyage into the forever. Yet this oath does just that! 

It does so in two ways.  

Firstly, by seeking to enshrine the Nolan principles, it recognises the distinction between ‘values’ and ‘virtues’. Values have the veneer of the absolute but are far too easily jettisoned when necessity dictates. Commitment to a value is good, but is in constant competition with other values: openness battles the need for state-secrecy, honesty’s sword is often broken in the face of obfuscation’s onslaught, etc. The holding of values is a static thing, which can wilt and die in the burning heat of reality. A virtue, on the other hand, is something which must be constantly practiced and nurtured. A virtue always looks to its ideal form - a universal perfection of honesty or selflessness. Swearing an oath to uphold the Nolan Principles means committing to operating by them every day, and so allowing them to grow in the individual, becoming easier and easier to live by until the practitioner of virtue struggles NOT to operate in their eternal light.  

Secondly, the very act of swearing an oath is itself a virtue. It is an act that puts one face to face with absolute truth, goodness, and beauty. The act of making an oath recognises that our lives and deeds are not simply contingent moments in the pitiless march of time, but that they resound in the halls of eternity.  

I think this is why Jesus warns people against swearing oaths in the fifth chapter of the Gospel according to Matthew. When reading this warning in the light of the serious, radical, and even hyperbolic speech that comes before, it is clear that Jesus doesn’t want us to avoid making promises, but that he realises just how bad we are at keeping them. Swearing an oath (invoking eternity, the absolute, the divine!) means that when we break our oaths we diminish ourselves in the face of God.  

“Let your word be ‘Yes, Yes’ or ‘No, No’; anything more than this comes from the evil one.”  

This is not a command to avoid promises and promise keeping, but a radical call to live one’s life always in the light of eternity, so that even the simple ‘yes’ is the truest oath one can make. 

We need leaders - political and otherwise - who can offer the human soul something more than simply an uninspiring roadmap for five years of moderate economic improvement. We need leaders who can inspire the nation with a vision of eternity. We need leaders who point us to that horizon of the absolute where we do not see individual good acts warring against the forces of apathy and indifference, but see the Good itself illuminating our every moment with hope and joy.  

Perhaps an oath - an admission that there is meaning beyond our momentary finitude - is the best way to inject a bit more universality and meaning into a political system that has left this author feeling quite so cold so far. 

I shall pray for our new Prime Minister, and for all our new MPs. I shall hold them before the face of God who is beyond all immediate concerns and pray that they may have the vision of our eternal destiny ever in their minds and in their hearts. I shall earnestly intercede that they recognise that their oaths are not simply a formula of words, but a positive spur to lead us into a future that never ceases to grown brighter and brighter with the light of our eternal destiny. 

Article
Comment
Conspiracy theory
Freedom
Justice
4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.
Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.”

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion. 

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?  

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”. 

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.  

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport. 

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime. 

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine. 

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person. 

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors). 

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing. 

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.  

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.  

 

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon." 

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