I want small government. But I want a new government agency.

In my view the last unequivocally great agency to be created was the Office of the Ombudsmen.

Since then its been a steep downhill slide. We got a Commerce Commission, Commissioner for the Environment, Telecommunications Commissioner, Electricity Commission, Securities Commission, Retirement Commissioner, Human Rights Commission, Privacy Commissioner,  Children’s Commissioner and Families Commission (listed in order of value to man and beast).

I could be persuaded that some of them should exist as specialised investigation and enforcement agencies (like the Serious Fraud Office) but many of their functions would be better performed by the courts applying law of general application. And some of them never would be missed – indeed we’d all benefit if the bossy people attracted to them were obliged to find more useful work. 

The trouble with Commissions is that they tempt Parliament to breach the rule of law. Some Commissions make up law as they go so that we can not know the law in advance. They get wide discretionary powers to make codes and allow exemptions. Often their rules are outrageously vague. If they applied equally to all (another requirement of the rule of law) anyone could enforce them. Instead Parliament allows these low quality laws to be applied only by their pet Commissioners. The theory is that making it up unpredictably is OK in the hands of their well meaning anointed (like themselves)  Commissioners.

But of course power corrupts, and busybodies showing their superior virtue by thinking up new rules for the good of others can be as oppressive as any tyrant.

So why do I want a new offical body?

I’ll explain tomorrow.