Andrew RT Davies is the Leader of the Welsh Conservatives and an MS for South Wales Central.
Left-wing and liberal bias in our institutions is nothing new. There are countless examples in the BBC, charities, and civil service. How Gary Lineker has been permitted to abuse his platform to attack the government is a notable case, but hardly isolated.
Last week, the Head of Investigations at the Public Services Ombudsman for Wales resigned after being proven to have expressed political bias. In several comments posted on social media, Sinead Cook attacked the Conservative Party and prominent supporters with derogatory comments, including “f*ck the Tories”. She also described a sitting Conservative MP as “a joke”. Jeremy Corbyn, meanwhile, was effused with praise, as “an honest return to party roots” and “a genuine alternative”. Ms Cook was suspended when the comments came to light but left her post before the investigations could conclude.
Cook’s conduct is particularly egregious because of the nature of her role. As the Ombudsman’s Head of Investigations, she was responsible for overseeing all complaints made into local councillors in Wales. Political impartiality was therefore a prerequisite. It was the most important standard for her to meet.
Cook’s actions fell far short of the standard required. Her comments, expressed while she was employed in her role, made her position untenable. The legal test for bias, applied by the courts, is whether a “fair-minded and informed observer would conclude that there was a real possibility that the decision maker was biased”. It is therefore the perception of bias that matters.
In Re Pinochet (No 2), the House of Lords set aside its judgment concerning the extradition of former Chilean leader Augusto Pinochet after it emerged that Lord Hoffman, one of the judges in the case, had failed to disclose a role he held with Amnesty International. Amnesty had been one of the parties to the appeal. Following this principle, Cook was bang to rights.
Her conduct also has ramifications for others. Given the senior role she held, the public can’t have confidence in any decisions taken by the Ombudsman while she was in the post. The influence she had over others in her team, and the culture she set, means they too, through no fault of their own, were unable to act with the impartiality required. Having made such explicit comments in a public forum, it is highly unlikelyCook would not have made similar, potentially worse comments, privately.
The public can therefore have no confidence in any investigations carried out by the Ombudsman during Ms Cook’s tenure. At the very least, all cases must be reviewed. Their findings are seriously flawed. Sanctions previously imposed may well have to be set aside. As with the Post Office scandal, these consequences are far-reaching. If a blanket exoneration is required, then guilty people may well avoid the consequences of their actions. This is why Cook’s actions are so serious.
The Ombudsman’s office is contaminated by this scandal to the extent that it is no longer fit for purpose. No amount of institutional reform will restore public trust or repair the damage Cook has caused to its culture. I personally agree with David TC Davies, the Secretary of State for Wales, who says the ombudsman’s office must be closed down and replaced.
Cook’s behaviour also raises a wider question, as to why she felt her actions were appropriate. We must also ask why she believed her behaviour would be tolerated. The answer can be found in the cultural bias that exists in our institutions. People on the cultural and liberal left consider their views to be morally superior. They consequently believe otherwise unacceptable actions can be justified.
Of course, there are plenty of people in our institutions who do not hold liberal left opinions. And plenty of those who do hold such views nonetheless act with propriety. However it cannot be disputed that standards are not applied equally across the board. And this culture has become embedded.
When behaviour like Cook’s is tolerated, it leads to examples becoming more and more egregious. The Ombudsman scandal is a symptom rather than a cause of this problem. Davies is right: The office must now be dismantled. But it would be a mistake to think this will solve the problem alone.
A rotten culture extends so deeply into many institutions that they are now beyond salvation. I believe we need to shut down the Ombudsman and replace it with something new. Plenty of other institutions must also face the same fate.
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Author: Andrew RT Davies MS
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