Tuesday, April 04, 2017

UCG Demo On Thursday Is Calling For A ‘Parliamentary Inquiry’, Which Is Extremely Worrying... By Dave Davies.


It seems the Mail article has led to some positive things and the website sending  letters to MPs which has been set up is a great idea which should get political support for a Public Inquiry. 

The VAT legal case is also another positive development. 

 

I have noticed that the UCG demo on Thursday is calling for a ‘Parliamentary Inquiry’ which is extremely worrying.



  This is the very last thing that is wanted.


It is exactly what could be used to cover up the wrong doing because it would have no judicial power.

People need to have a clear understanding of exactly what they are calling for.

 

I know I sound like a broken record but what is needed is a Statutory Public Inquiry , which is Judge led and has the power to call  witnesses and have them testify under oath.

(Please see below)


It would be great if this info could be communicated  to the UCG/LTDA or anyone else that is calling for a Parliamentary Inquiry


Regards Dave



 

A Parliamentary Inquiry is NOT a Public Inquiry

I have noticed that some are calling for a ‘Parliamentary Inquiry’ which is extremely worrying.

This is the very last thing that is wanted ; it is exactly what could be used to cover up the wrong doing because it would have no judicial power.

People need to have a clear understanding of exactly what they are calling for.

 

What is needed is a Statutory Public Inquiry , which is Judge led and has the power to call  witnesses and who testify under oath.

 

Public Law

It is a requirement of Public Law that decisions made by a Public body or someone in Public Office are rational and evidence based, for proper purpose, proportionate and properly reasoned. These criteria exist to ensure that decisions result in fair and effective policies and strategies.  It is extremely important to acknowledge that these criteria are not just an obligation they are legal requirements and the failure to comply with these requirements is a breach of Public Law

 

The points below define the legal requirements for decisions made by a Public Body. It is the case  that the decisions MUST comply with these requirements  in order to be legal; it is not optional

1/ Follow correct procedure

2/  Be Rational and Evidence based

3/ Have proper purpose

4/ To comply with the European Convention for Human Rights

5/ To be Proportionate

6/ To be properly Reasoned

 

Public Inquiry
It seems that the Government has taken no notice of numerous requests to intervene and take action about the blatant improper conduct of Osborne and TFL.

The ONLY reasonable solution is for the failures to be properly investigated in the format of a Public Inquiry


In 2012 ALL of the London Mayoral candidates formally supported a call for a Public Inquiry to investigate the failures of TFL.

In 2014 the Environmental Audit Committee made a formal recommendation to the Government for a Public Inquiry into TFLs failed air quality strategies (which includes the Taxi Age Limit and the Defra report which proved that it was unlawful)

Cameron rejected this ; he probably knew that it would expose corruption.

Certain characteristics can be identified in those public inquiries that have taken place:

·         Widespread loss of life

·         Threats to public health or safety

·         Failure by the state in its duty to protect

·         Failure in regulation

·         Shocking events

1.     Allegations of serious misconduct and prima facie merit have been made against those acting, or purporting to act, on behalf of the state and

2.     Those allegations are sufficiently widespread and are being treated sufficiently seriously by those outside Government to undermine the public’s confidence in the integrity of the State and in the rule of law and

3.     The allegations relate to a sufficiently defined event or series of events to allow an inquiry to be given proper and clear terms of reference and

An inquiry would represent the most effective means of establishing the merit of the allegations made and so of restoring public confidence.

 

 

file:///C:/Users/Authorised%20User/Downloads/SN02599.pdf

 

 

A Statutory Public Inquiry has the ability to call witnesses but a non statutory does not 

If you use the language that you are calling for a ‘Parliamentary enquiry’ you will end up with a Parliamentary Select Committee conducting a powerless investigation which TFL do not have to comply with (non-statutory)

 

 

If you allow a non statutory Public Inquiry to take place then it could be the case that key TFL witnesses are ‘on holiday’ or ‘unwell’ at the time of the hearing.

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