THE SCOTT REPORT

Abstract

The Scott report shows that the two most serious allegations made against ministers ‐ that they conspired to sell lethal arms to Iraq in violation of government guidelines, and that they conspired to send innocent men to prison ‐ are unfounded.The inquiry violated the Salmon guidelines for the conduct of tribunals and is further evidence that an informal tribunal of this type is less well‐equipped to examine a matter causing nation‐wide public concern and to secure justice to individuals, than a statutory tribunal appointed under the Act of 1921.Nevertheless, the Scott report raises three issues of fundamental constitutional importance ‐ ministerial accountability to which the final section of the report is devoted, freedom of information which Sir Richard regards as a corollary of ministerial accountability, and the proper relationships between ministers and civil servants.Sir Richard believes that constitutionally improper things occurred during the period which his inquiry covers. The fact that no minister or civil servant paid any penalty casts doubt as to whether ministerial accountability is a genuine convention of the constitution or a convenient fiction enabling both ministers and officials to evade responsibility.