Conor Gearty

The most remarkable aspect of the Scott Report is its simplicity. The famous length and the differing interpretations to which it has been subjected since its publication suggest a learned and complex treatise full of ambiguity and complex allusion, a sort of political bible with Sir Richard Scott in the role of the Yahweh/ Saviour and Robin Cook and Ian Lang fighting it out to play St Paul. In fact, the occasional double negative aside (these alone have been enough to drive our illiterate media into hysterical denunciations of prolixity), the Report is a model of clarity. Its narrative is compelling and its conclusions stark in their certainty. The only confusion and ambiguity in the text flows from Sir Richard’s occasional reporting of the Government’s manifestly untenable case.

1.Were the SAS acting under government instructions when they shot dead three IRA members on a bombing mission to Gibraltar on 6 March 1988? The ambivalently negative answer recently supplied by the European Court of Human Rights has infuriated the Government and re-opened the whole question of whether Britain should now enact its own Bill of Rights. There is no dispute about the basic facts of the case, which was brought by relatives of the three deceased. Mairead Farrell was shot five times in the head and neck and three times in the back from a distance of about three feet. Daniel McCann was hit by five bullets, twice in the back and three times in the head. A pathologist later agreed that the third IRA member Sean Savage had been ‘riddled with bullets’ in what looked like a ‘frenzied attack’. He was hit 16 times, with a number of bullets entering his head while he lay on the ground. Witnesses to the shootings of Farrell and McCann also claimed they had been shot while on the ground, and some observers suggested that they might have attempted to surrender. The European Court had to decide whether killing them in this way infringed their(qualified)right to life under Article Two of the European Convention on Human Rights.

The last two years of sleaze have given the false impression that there is something new about the way in which this government now runs the country. In fact it has been an inefficient, authoritarian, hypocritical and morally bankrupt administration almost since the day it took office in 1979. Its ministers have been resigning (or not resigning) in disgrace ever since its inception. The nepotism shown towards its ‘family’ of opportunistic supporters has been evident from the start but has now grown to such a level that even the Tories themselves are interspersing their frenzies of patronage and self-aggrandisement with calls for moderation and integrity in public office, rather as the inveterate drunk forswears all alcohol during a hangover. The corruption of this long era of Conservative rule extends beyond personal venality. Though loudly committed to the rule of law, especially when it meant ruining the unions in the early Eighties, the Government has found its own actions frequently castigated as unlawful in the British courts, and pilloried in Strasbourg for the infringement of human rights. Its response has been to contrive legal ruses the effect of which has been often to place it quite literally above the law. This contempt towards one great limb of the British Constitution has been matched by the scorn it has shown towards another for which it has also affected respect. The Government’s cynical control of the Commons and its contemptuous disregard of the Lords have allowed it singlehandedly to turn Britain into the impoverished and unequal nation that it now finds itself to be. If it is the recent explosion of personal baseness that middle England has now finally noticed, then we should be thankful that they have noticed anything at all. The grasping mediocrity of this administration’s members is by no means its worst fault but it is the most beneficial to the nation if it is what eventually leads to its timely collapse.

In September 1992, David Mellor resigned from the government after concern over an extra-marital affair and a free holiday in Europe. An affair also accounted for Mr Tim Yeo in early 1994. Soon after this resignation, Lord Caithness resigned following the suicide of his wife, which apparently was the result of an affair he had been conducting. In 1993, Michael Mates left the government after disclosures that he had sent gifts and messages of support to the businessman Asil Nadir. Norman Lamont caused an uproar over his use of public money to evict a tenant from his property. Other lesser Tories, such as Mrs Thatcher’s successor in Finchley, Hartley Booth, have left office under a moral cloud. Neil Hamilton and Tim Smith are part of a long Tory tradition. If we throw our minds back to the Thatcher age, various forms of sleaze are associated with the names of Cecil Parkinson, Nicholas Fairbairn and Patrick Nicholls. Leaving aside the proper ‘constitutional’ resignations of Lord Carrington, Leon Brittan and Michael Heseltine, and the not so proper ministerial non-resignations that cannot be mentioned for fear of the libel laws, we can still see that the rotten-apple theory of ministerial misdemeanours breaks down, since the whole barrel is infected by sleaze.