Writing in NLJ this week, Professor Graham Zellick KC argues that the affair was marked by 'abuse of authority and procedural irregularity'. Examining the appointment through the Constitutional Reform and Governance Act 2010, he contends that powers vested in the foreign secretary appeared to be exercised instead by No 10.
The article also scrutinises the handling of security vetting, highlighting concerns that key decisions were taken without proper documentation or oversight.
While political appointments to ambassadorial posts are legally permissible, Zellick questions whether they should continue at all, noting their rarity and potential to undermine the non-political nature of the diplomatic service. Ultimately, he argues that failures of judgement, rather than legal complexity, lay at the heart of the 'Mandelson imbroglio'.
