Your recent 'Lawyer in the News' article gave the misleading impression that the Standards Board, an unelected body, had sought to deprive the London electorate of its elected mayor, Ken Livingstone (see [2006] Gazette, 26 October, 5). It also suggested that the case was a victory for the right of freedom of speech.

The fact is that the appeal was against the decision of the Adjudication Panel for England (APE), an independent judicial tribunal whose members are appointed by the Lord Chancellor. It was the APE that sought to impose a one-month suspension on the mayor after finding that he had brought his office into disrepute.


The important issue examined in the appeal was about the extent to which the mayor could be held responsible, by the existing statutory framework governing the conduct of local politicians, for conduct occurring in his private capacity.


It will be interesting to see whether the government takes the opportunity to address the lack of clarity the judge found in the existing statutory arrangements when it announces its plans for the proposed new framework shortly.


Chris Boothman, head of legal services, the Standards Board for England