Friday, November 9, 2012

How judicial inquiries work

In the UK and Canada, the accepted way to "deal with" a scandal which is having unpleasant political repercussions is to hold a judicial inquiry or a royal commission. Here's how it works. You find an "unbiased" (but compliant) judge -- a retired judge verging on senility perhaps -- and give him terms of reference that effectively take away his fishing pole. That is, you restrict him from poking too deeply into the dirt at the heart of the matter.

A paradigm of futility would be Canada's famous White Oliphant commission, a topic Walt harped on [wrote on, surely. Ed.] back in 2010. The real scandal was the money that former Prime Minister Lyin' Brian Mullarkey received from Airbus Industries for his part in getting Air Canada (then a crown corporation) to buy a substantial number of its A320 aircraft.

However, the commissioner, Mr Justice Oliphant (retd), was told he was to enquire only into whether Baloney had had any business dealings while he was still prime minister with Karlheinz Schreiber, an oleaginous German-Canadian dealer in armored cars, spaghetti machines and what have you. It was Schreiber who gave the Jaw That Walks Like A Man brown envelopes full of 1000-dollar bills, which the Jaw stashed away and, errr, forgot about until the Mounties started investigating, errr, Schreiber.

The other thing you do, to make sure an inquiry or commission does no harm to anyone, is to deny it the power to punish anyone. It can make findings, and even recommendations, but don't let it initiate criminal proceedings or actually punish anyone or order anyone to do anything. Walt finds that this is ridiculous and recommends that future commissions actually be provided with a few teeth.

Fast forward three years and change location to London, where the British government and its broadcasting arm, the British Broadcorping Castration [British Broadcasting Corporation! Ed.] are up to their nether regions in shit over hundreds of sex crimes which (an independent broadcaster has revealed) were committed by the famous comedian and notorious paedophile, Sir Jimmy Savile.

"Sir Jimmy" got his knighthood from Her Britannic Majesty, by the way, and a similar honour from the late Unblessed Pope John Paul II. Embarrassingly for the Queen and the Vatican, the honours cannot somehow be taken back, since the old bugger mercifully died some months before his delicts came to light.

This week, Brits have been shocked [Shocked, I tell you! Ed.] by more claims of sexual abuse, this time by a senior politician of the Thatcher era. On the BBC's Newsnight programme, a young man said he had been abused by an unnamed politician -- not Lord McAlpine -- at the Bryn Estyn children's home in Wales.

The response of the British government to the latest wave of sex abuse allegations has been altogether predictable. On Tuesday, Home Secretary Theresa May announced a new police inquiry is to investigate fresh allegations into the way police handled child abuse accusations in care homes during the 1970s and 80s.

And -- get this! -- there will also be a judicial inquiry into the failings of previous judicial inquiries. Amazing, isn't it?

Further lurid details: Wales child abuse: PM orders sex abuse inquiry probe

Footnote: The legal beagle who drew the terms of reference for the useless Oliphant commission duly received his reward from a grateful Conservative government. He is now the Governor-General of Canada.

Forgotten the Oliphant commission already? See "The Oliphant labours, and brings forth...nothing" and "The Oliphant hath laboured...". [Some lack of originality in the second headline. But that was back in 2010. We're doing better now...aren't we? Ed.]

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