It is a guiding principle in English Law that “Justice must not only be done, but must be seen to be done.”
R v. Sussex Justices, ex parte McCarthy [1924] 1 KB 256 at 259
Since 1997, the Government has honoured this general principle frequently only in the breach when arranging or overseeing an inquiry or review following some ministerial or departmental debacle, or alleged misconduct or lack of competence on the part of someone holding an appointed Office. The investigation into the HM Revenue & Customs lost data fiasco is to be conducted by the Chairman of PriceWaterhouseCoopers, a company that undertakes sizeable projects on behalf of the Government. Yesterday, the Metropolitan Police Commissioner Sir Ian Blair survived a no confidence vote by the Metropolitan Police Authority, a body that “exists to make sure that London's police are accountable for the services they provide to people in the capital”. As it happens, it is a body where Government appointees outnumber the elected members.
Such inquiries might well be conducted with the utmost integrity and vigour, nevertheless the public's perception is just as likely to be that there has been a “fix”. Any positive outcome for the Government or its placeman convinces few but more significantly does nothing to clear the air or settle the issue. It is a simple matter for the Government to avoid such misperceptions by appointing patently independent inquiries or regulatory bodies, but it can do this only if it is fearless of the truth being outed.