Wednesday, May 23, 2012

Further information about requirement for a Public Inquiry...by Dave Davies

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

4. An inquiry would represent the most effective means of establishing the merit of the allegations made and so of restoring public confidence.
This website gives a clear guide about the process
http://www.publicinquiries.org/determining_the_need_for_an_inquiry

Terms of reference for judge-led Inquiry

To inquire into the culture, practices, and ethics of The Mayor and Transport for London including:

1. The failure of The Mayor and TFL to comply with Public Law in their decision making process. Decisions are required (by Public Law) to be evidence based, rational , reasonable, proportionate, and consistent. (This includes Air Quality strategies and the policies relating to London Taxis e.g. failure to implement regulation of Private Hire Law , access to ORN, removal of taxi ranks, an Age Limit on Taxis)

2. The Mayor/TFL have failed to reduce emissions in London. Their Air Quality strategies have failed miserably and as a direct result 4267 people a year have died (17068 in the last 4 years) from pollution related illness and many more suffered poor health and a diminished quality of life. The Mayor and TFL have failed in their Duty of Care to implement effective strategies to protect the health on Londoners.

3. The Metropolitan Police have refused to investigate allegations of fraud, corruption and Misconduct in Public Office. In 2008 a High Court Judge ruled that TFL had made unlawful decisions (which constitutes Misconduct in Public Office) and no action has been taken.

4. The Environmental Audit Committee published a damning report in November 2011 which was extremely critical of the failed Air Quality standards in London and yet the Government has taken no action. The Mayor and TFL have not been held to account by any agency.

5. The Mayor and TFL have tried to cheat Air Quality measurements by spraying dust suppressants at Air Quality measurements stations. This is a clear fraudulent attempt to hide the pollution problems and a clear admission that ALL Air Quality strategies have failed miserably.

6. The EU could impose fines of £300 million for London’s failure to comply with emissions standards, which will be passed on to Londoners.

7. The Olympic Committee could withhold £175 million for failed Air Quality standards during the Olympics. It will be humiliating if the world sees athletes suffering from breathing polluted air.

8. The Mayor and TFL have unreasonably ignored any suggestions of valid ideas to improve emissions i.e. a peak time delivery ban or a clean up process for diesel vehicles.

9. In 2009 The mayor ignored attempts by the Labour Government to force him to take action to reduce emissions.

10. The Mayor and TFL have no effective and robust strategies in place going forward, so there is no likelihood that the situation will improve. In his recent manifesto The Mayor did not even mention any proposals to reduce emissions in London, which would suggest he has no intention to do so