For years, Andrew’s public standing has been defined by his association with Jeffrey Epstein.  File Photo| AP
Opinion

The royal test L’affaire Andrew poses

For years, Andrew’s public standing has been defined by his association with Jeffrey Epstein.

Shyam Bhatia

The arrest last week of Andrew Mountbatten-Windsor, formerly Prince Andrew, has prompted understandable confusion: is he again under investigation for sexual misconduct, or for financial wrongdoing? In the narrow sense, neither. The arrest concerns suspicion of misconduct in public office—a separate and more institutional question that shifts attention from personal scandal to the handling of official responsibility.

For years, Andrew’s public standing has been defined by his association with Jeffrey Epstein. Allegations of sexual misconduct brought by Virginia Giuffre were strenuously denied and later resolved through a civil settlement in 2022 without admission of liability. Those controversies centred on personal conduct and reputational damage. The present inquiry, by contrast, examines whether a holder of public responsibility observed the standards expected of that office.

Recent reporting has drawn attention to emails sent during Andrew’s tenure as the UK’s trade envoy, a role he held from 2001 to 2011. One message from December 2010, reportedly sent from ‘The Duke’ to Epstein, attached what was described as a “confidential brief produced by the Provincial Reconstruction Team in Helmand Province for International Investment Opportunities”. The email continued: “I am going to offer this elsewhere in my network (including Abu Dhabi) but would be very interested in your comments, views or ideas.”

The briefing itself, prepared in the context of British-funded reconstruction activity in Afghanistan’s Helmand province, outlined industrial sites under development with support from the department for international development. The covering message characterised it as confidential. If accurately reported, the constitutional issue is not whether commercial diplomacy was legitimate, but whether material derived from government channels should have been circulated beyond official channels and to whom.

Separate reporting describes a February 2010 exchange concerning the Icelandic banking dispute. After a meeting with Iceland’s prime minister at Davos, a treasury briefing note was requested by Andrew’s office. Upon receiving the internal document, Andrew is reported to have forwarded it to a private contact, writing: “I pass this on to you for comment and a suggestion or solution? …We should allow the democratic process to happen before you make your move.”

That language does not in itself establish wrongdoing, nor does it demonstrate that any financial advantage was taken. Andrew has denied misconduct. Yet, if accurately reported, the correspondence illustrates a permeability between official briefings obtained through government channels and private networks operating outside them. The concern lies less in proof of gain than in the blurring of institutional boundaries.

At the same time, fresh photographic material published has revived memories of earlier reputational controversies. Published photographs show Andrew with unidentified women, including one in which he appears in close physical proximity at a private gathering, and others in which he is seen reclining alongside female companions. These photographs do not in themselves establish illegality. But they reinforce a longstanding public perception of blurred personal judgement—a perception that inevitably colours interpretation of more formal matters now under probe.

The distinction between private conduct and public office is crucial. A constitutional monarchy can survive embarrassment. It has weathered abdication, marital breakdowns and intense media scrutiny before. What tests it more severely is the suggestion that proximity to the machinery of State may have been exercised informally or imprudently. Members of the royal family derive authority not from democratic mandate, but from restraint, neutrality and the disciplined management of access.

Trade envoys are not ceremonial mascots. They function at the intersection of diplomacy and commerce, tasked with promoting national interests abroad while drawing upon insights and assessments generated within government. They occupy roles that carry access to strategic information and policy-sensitive analysis. The expectation of discretion is integral to that trust and continues beyond formal tenure.

In recent years, the royal household has sought to reinforce those boundaries. Andrew stepped back from official duties in 2019 and ceased to use his HRH style in a working capacity. Under King Charles III, there has been emphasis on a streamlined group of working royals and clearer delineation of institutional roles. The present episode will be read in that context as a measure of how firmly those lines are now drawn.

It bears repeating that suspicion is not conviction. The investigation must proceed according to law. Andrew has denied wrongdoing. Yet constitutional governance operates not only through statutes but through norms. Even the appearance that confidential or government-derived material may have flowed into private correspondence can erode public confidence in safeguards surrounding public roles.

If the allegations regarding the handling of official material are substantiated, the Crown will face pressure to demonstrate that informal privilege does not override institutional obligation. If they are not, the episode will nonetheless underscore how closely access and association are now scrutinised in modern public life.

For an institution that exists above party politics, the tolerance threshold is narrow. Survival has long depended less on perfection than on prudence. The present inquiry is therefore not merely about one individual’s correspondence, but about whether the boundaries between private familiarity and public responsibility remain intact.

Shyam Bhatia

Former Diplomatic Editor of The Observer and author of The Quiet Correspondent

(Views are personal)

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