Exemption from investigation order 2010

Laid before parliament today is yet another Statutory Instrument – the 239th such order of 2010, laid before parliament on 17th Feb (today, whilst they are on a break until 22nd Feb), due to come into force on 12th March.

This order is called the Parliamentary Commissioner Order 2010. Nothing remarkable about this, as it lays out and list all the government departments, agencies and quangos that may be investigated by the Parliamentary Commissioner to ensure that good order is kept and sound practices are adhered to.

However, what does catch my eye are the exemptions, those departments or areas that government do not wish to be investigated by anyone, and whilst some exemptions such as those areas devolved to Scotland and Wales are self explanatory, others are not and questions should be asked.

I reproduce the notes with regards to the exemptions here.

General

In relation to any function exercised on behalf of the Crown by a department or authority to which this Act applies which was previously exercisable on behalf of the Crown by a department or authority to which this Act does not apply, the reference to the department or authority to which this Act applies includes a reference to the other department or authority if the other department or authority—

(a) ceased to exercise the function before the commencement of this Act; or

(b) where it exercised the function after the commencement of this Act, did so only when it was a department or authority to which this Act applied.

Board of the Pension Protection Fund

In the case of the Board of the Pension Protection Fund, an investigation may be conducted only in respect of action in connection with its functions relating to the financial assistance scheme established by regulations under section 286(1) of the Pensions Act 2004(2).

Cabinet Office

The reference to the Cabinet Office does not include any of the Secretariats (including the intelligence and security functions carried out by the Chairman of the Joint Intelligence Committee and the Prime Minister’s Security Adviser respectively) or the office of the Secretary of the Cabinet and Head of the Home Civil Service. The reference to the Cabinet Office includes the Lord President of the Council’s Office, the executive agencies of the Cabinet Office and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of the Cabinet Office.

Committee on Climate Change

In the case of the Committee on Climate Change, no investigation is to be conducted in respect of any action taken by or on behalf of the Committee—

(a) in the exercise in or as regards Scotland of any function to the extent that the function is exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998(3)), or

(b) in connection with functions of the Committee in relation to Wales (within the meaning of the Government of Wales Act 2006(4)).

Environment Agency

The reference to the Environment Agency is a reference to that Agency in relation to all its functions other than its flood defence functions, within the meaning of the Water Resources Act 1991(5); and no investigation is to be conducted in respect of any action in connection with functions of the Environment Agency in relation to Wales (within the meaning of the Government of Wales Act 2006).

Forestry Commission

In the case of the Forestry Commission no investigation is to be conducted in respect of any action in connection with functions of the Forestry Commissioners in relation to Wales (within the meaning of the Government of Wales Act 2006).

Government Actuary’s Department

In the case of the Government Actuary’s Department an investigation may be conducted only in respect of the giving of advice by the Government Actuary’s Department on or before 26th April 2001 relating to the exercise of functions under—

(a) Part 2 of the Insurance Companies Act 1982(6),or

(b) any other enactment relating to the regulation of insurance companies within the meaning of that Act.

Health Protection Agency

In the case of the Health Protection Agency no investigation is to be conducted in relation to any action taken by or on behalf of that Agency in the exercise in or as regards Scotland of any function to the extent that the function is exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998).

HM Treasury

The reference to Her Majesty’s Treasury includes its subordinate departments and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of Her Majesty’s Treasury; but it does not include National Savings and Investments.

Homes and Communities Agency

In the case of the Homes and Communities Agency no investigation is to be conducted in respect of any action in connection with functions in relation to town and country planning.

Corporation of the Trinity House of Deptford Strond

In the case of the Corporation of the Trinity House of Deptford Strond an investigation may be conducted only in respect of action in connection with its functions as a general lighthouse authority.

Ministry of Defence

The reference to the Ministry of Defence includes the Defence Council, the Admiralty Board, the Army Board and the Air Force Board.

Ministry of Justice

The reference to the Ministry of Justice includes the Public Trustee but does not include the Privy Council Office or the Office of the Judicial Committee of the Privy Council.

Serious Organised Crime Agency

In the case of the Serious Organised Crime Agency, an investigation may be conducted only in respect of the exercise of functions vested in it by virtue of a notice served on the Commissioners for Her Majesty’s Revenue and Customs under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002(7) (Revenue functions).

Statistics Board

In the case of the Statistics Board, no investigation is to be conducted in relation to any action taken by or on behalf of the Board in the exercise of any of its functions where the function is being exercised only in relation to Scottish devolved statistics (within the meaning of section 66 of the Statistics and Registration Service Act 2007)(8).

Treasury Solicitor

The reference to the Treasury Solicitor does not include a reference to Her Majesty’s Procurator General.

Urban development corporations

In the case of an urban development corporation no investigation is to be conducted in respect of any action in connection with functions in relation to town and country planning.”

Now is it just me, or are some, in fact most, of these exemptions looking like a cover up.

The Board of the Pension Protection Fund, exempt during the period when Gordon raided the pension funds?

The Cabinet Office, the one area where an outgoing government would want to hide all those murky details about payoffs, slease, slush funds and any other dirty dealings.

The Environment Agency, exempt from investigation except flood defences. All that Euro money, Global Warming involvement, EU interference and legislation, all exempt.

Government Actuary’s Department, again pensions advice, exempt before 26th April 2001 (a very specific date), and one wonders why?

HM Treasury, and all subordinate departments and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of Her Majesty’s Treasury – Do Brown and Balls have plenty to hide during their time in the Treasury and their effective takeover of Government?.

Homes and Communities Agency – no investigation in relation to town and country planning. This couldn’t have anything to do with hiding the building of a Regional Development Agency network of ‘on the make’ property developers, given priority on the building of prime commercial and industrial sites, could it?

Ministry of Justice just reeks of EU involvement, so we cannot possibly let the public see any details of this.

Serious and Organised Crime Agency (SOCA) – already operating outside of the judicial system, this political police force is now exempt from parliamentary scrutiny? This just Stinks.

Treasury Solicitor – This department has been more than instrumental in keeping secret all of the government secret dealings, has instigated more litigation on behalf of ministers against whistleblowers and the press than any other department in history and is now exempt from scrutiny? Again, this stinks.

and finally the Urban Development Corporations, just like the RDA’s, awash with unaccountable EU money, probably responsible for the majority of planning applications on flood plains, and now exempt.

When will our spineless MP’s challenge one of these SI’s, and demand a full debate. The public have the right to know what goes on in these departments, and investigations are a full part of bringing wrongdoing, fraud, corruption, nepotism and cronyism to light.

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About IanPJ

Ian Parker-Joseph, former Leader of the Libertarian Party UK, who currently heads PDPS Internet Hosting and the Personal Deed Poll Services company, has been an IT industry professional for over 20 years, providing Business Consulting, Programme and Project Management, specialising in the recovery of Projects that have failed in a process driven world. Ian’s experience is not limited to the UK, and he has successfully delivered projects in the Middle East, Africa, US, Russia, Poland, France and Germany. Working within different cultures, Ian has occupied high profile roles within multi-nationals such as Nortel and Cable & Wireless. These experiences have given Ian an excellent insight into world events, and the way that they can shape our own national future. His extensive overseas experiences have made him all too aware of how the UK interacts with its near neighbours, its place in the Commonwealth, and how our nation fits into the wider world. He is determined to rebuild many of the friendships and commercial relationships with other nations that have been sadly neglected over the years, and would like to see greater energy and food security in these countries, for the benefit of all. Ian is a vocal advocate of small government, individual freedom, low taxation and a minimum of regulation. Ian believes deeply and passionately in freedom and independence in all areas of life, and is now bringing his professional experiences to bear in the world of politics.
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One Response to Exemption from investigation order 2010

  1. jameshigham says:

    Forestry Commission was an interesting one.

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