‘OfGov’: A Commissioner for Government Conduct?

This article examines deficiencies in the three models of inquiry so far employed to investigate the various allegations arising from the build-up to the Iraq war. While a judicial inquiry may be too narrow, a parliamentary inquiry overly partisan and a government inquiry lacking in independence, the prime problem is one of credibility—inquiries set up by the government itself are open to a charge of ‘cherry-picking’. The article examines a fourth option, a regulatory solution, where an independent Commissioner or panel would investigate allegations made against the government. However, a regulatory solution would not address the key problem in addressing responsibility for collective actions. This is the difficulty of identifying a ministerial ‘scalp’ when a collective failing becomes a resigning matter. While a sufficiently independent inquiry might assist in identifying personal fault and hierarchical responsibility, this question requires a judgement that can only be made within the political process.