Hi kk,
You seem to know your stuff.
I like it.
As regards the judicial review route, it looks like they've got that one sewn up. Regular members of the public need not apply. Big money only. That's just about right.
As for the audit office, that sounds very interesting. Only problem is, as I understand it (not very well) the audit office is primariy intended to make sure no-one is running away with the kitty. I don't think anyone's suggesting that of Ofcom. Would the audit office really look at whether Ofcom is fulfilling its statutory obligation? But as you say, no risk.
What about the European angle. Umm, I guess I should look for the discussion on this. Sounds interesting.
I remember hearing an MP on the Today programme talking about the GM rice issue and how the authority was scandalously failing to uphold the law --a serious matter, it was suggested. The interviewer kept asking whether he wasn't making a mountain out of a mole-hill.
It seems to me that in general public authorities are failing to perform the role of protector of the public interest which they were created for. The ASA, Trading Standards, Ofcom, and now the FSA all seem to be operating more as committees for organizing the common affairs of big businessrather than as protectors of the weak and vulnerable. I guess it's all part of making Britain better for business.
Better would be if we could sue the telcos directly for breach of the law. They would fairly sit up and pay attention then. But legislation which legislates and then leaves enforcement in the hands of public authorites leaves ordinary members of the public bereft of any direct means of redress and forces us to eat out of the hands of the relevant body.
I'm not quite sure what we can do, if anything, but surely there must be something, if the body in question simply ignores its statutory obligations. But if the only meaningful measure involves spending huge sums in legal fees with the risk of paying expences, then it seems we are just reduced to minions hoping the great and the good will protect us out of the kindness of their hearts. This adds up to a profound diminishing of our status as equals in this so-called democracy.
Sorry if that sounds a bit high-flown.
As for the nitty gritty, I don't know what would happen if we went through Europe, but my hunch is not very much not any time soon. There ought to be a mechanism whereby public authorities can be slapped if they don't do what we pay them to do.