IT has been alleged that Housing Minister Terry Le Main has attempted to prevent a housing law prosecution by personal intervention. It has also been alleged that he did so because of long-standing friendship with the person accused of the housing infraction.

As Senator Le Main – who has for the moment stepped aside from his ministerial role – has acknowledged, if there is truth in these allegations, the only realistic course of action is resignation.

It is clearly the job of a minister to frame policy – with the approval of the States as a whole. Interfering in the due process of law or prejudging cases which the prosecuting authorities are pursuing is no part of ministerial responsibility.

Indeed, if the electorate is to believe that there is a strict division of duty between the legislature and the judiciary, the activity of which the Senator stands accused must be avoided at all costs.

However, in all fairness an important point must be made. As matters stand, nothing has been proven and Senator Le Main faces only allegations which were made under the protection of legal privilege in open court. Although it seems that he might be willing to accept that he was guilty of naïve behaviour, he emphatically denies wrongdoing. In particular, he says that there has been no long-term close friendship with the defendant in the housing case, though he has known him for many years.

There is actually very little room for debate on the extent to which ministers should try to change the course of the law. It is clear that they should not. That said, Senator Le Main is entitled to have his say and he is also entitled to see this matter examined thoroughly and impartially.

Quite rightly, an investigation has been launched and Chief Minister Terry le Sueur has promised that it will be thorough and balanced. He has also said that a conclusion could be reached by the end of this week – making it a strikingly rapid process in comparison with other high-profile inquiries which have dragged on for months or years.

In contrast to recent protracted investigations, the issues in Senator Le Main’s case are less complex. Therefore, one way or the other, the outcome should be sufficiently clear-cut to determine whether the Senator resumes his ministerial career or stands down to see out the last 16 months or so of his long political career on the back benches.