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London HC rules in favour of Boris Johnson in Priti Patel case
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IANS | 06 Dec, 2021
The London High Court has ruled against a petition filed by a trade
union of senior civil servants for a judicial review of British Prime
Minister Boris Johnson's decision to overrule an independent
investigation, which found Priti Patel, the Indian origin Home Secretary
in his cabinet, guilty of "bullying" (read as wanting things done
against the rules), which is a sackable offence under the ministerial
code.
The FDA Union filed the case against the fact that Johnson
had gone against the conclusion reached by Sir Alex Allan, then his
independent adviser on ministerial standards, to protect Patel. The
two-judge bench said: "The question for this court is whether the Prime
Minister proceeded on the basis that conduct would fall within the
description of bullying with paragraph 1.2 of the ministerial code if
the person concerned was unaware of, or did not intend, the harm or
offence caused."
It added: "Reading the statement (made by
Johnson at the time) as a whole, and in context, we do not consider that
the Prime Minister misdirected himself in that way."
In November last year, Sir Alex found that Patel had not always treated civil servants with "consideration and respect".
He
went on to say in his report to Johnson: "Her approach on occasions has
amounted to behaviour that can be described as bullying in terms of the
impact felt by the individuals. To that extent, her behaviour has been
in breach of the ministerial code, even if unintentionally."
The
Prime Minister is the final arbiter on such complaints. His
interpretation was that Patel was "unaware" of the disquiet she had
caused. And that he had received an assurance from her that she was
"sorry for inadvertently upsetting those with whom she was working".
This,
though, was not the first time that Patel had been accused of bullying
and had forced the government to pay out cash compensation for the
injury inflicted.
Sir Alex had resigned after Johnson did not take action on his inference.
The
FDA stated: "The court has determined that the Prime Minister did not
acquit the Home Secretary of bullying, and that he did not reject the
findings of Sir Alex Allan that her conduct amounted to bullying."
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