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In the United Kingdom, the term public inquiry refers to either statutory or non-statutory inquiries that have been established either previously by the Monarchy or by government ministers of the United Kingdom, Scottish, Northern Irish and Welsh governments to investigate either specific, controversial events or policy proposals. Non-statutory public inquiries are often used in order to investigate controversial events of national concern, the advantage being that they are more flexible than the statutory inquiry as they do not needing to follow the requirements of the Inquiries Act 2005 and the Inquiry Rules 2006.[1] Statutory inquiries can be held as subject-specific public inquiries, however most are now held under the Inquiries Act 2005 which repealed the Tribunals of Inquiry (Evidence) Act 1921.[2]
Only government ministers can establish public inquiries, set their terms of reference, and appoint the chair.[3] The UK Government considers that the main purpose of public inquiries is in “preventing recurrence”.[4] Between 1990 and 2017 UK governments spent at least £630m on public inquiries,[4] with most expensive being the Bloody Sunday Inquiry costing £210.6 million.[4][5] Most public inquiries take about two years to complete their work.[4] The Hammond Inquiry into ministerial conduct relating to the Hinduja affair in 2001 has been the shortest inquiry, taking just 45 days to report its findings.[4] The Inquiry into Hyponatraemia-related Deaths in Northern Ireland is the longest, which took 13 years and three months to conclude.[4]
Types of public inquiry
[edit]There are two types of public inquiry, the statutory inquiry and the non-statutory inquiry. Statutory public inquiries are led by a panel of professional people with a chairperson, which are often judges,[4] or a lord, professor, senior civil servant, scientist, doctor or engineer.[4][6] The big difference between the two types of public inquiries is that the non-statutory inquiry cannot compel witnesses to either give evidence under oath or to produce evidence relevant to the inquiry.[7]
There are four types of non-statutory inquiries:[8]
- Non-statutory 'ad-hoc' inquiries, including independent panels,[8]
- Royal Commissions,[8]
- Committees of Privy Counsellors,[8] and
- Departmental inquiries.[8]
Public inquiries in the UK have historically been widely used, especially royal commissions.[9] Royal commissions were used so that the monarchy could obtain advice and inquire into matters and misconduct outside of institutions, such as parliament.[9] The first royal commission goes back to William the Conqueror in the 11th century, when he nominated an inquiry to produce the Domesday Book of land ownership.[9] Royal commissions were later appointed by governments to obtain expert advice on subjects such as health, education, labour reform, public administration, welfare and factory legislation.[9]
Subject-specific public inquiries
[edit]Subject-specific public inquiries are sections held within other acts of Parliament which also have the powers of statutory public inquiries, these include;[10]
- section 3 of the Children Act 2004, carried out by the Children’s Commissioner,[10]
- section 14 of the Health and Safety at Work etc. Act 1974, and before that the Offshore Installations (Public Inquiries) Regulations 1974,[10]
- sections 68–72 of the Financial Services Act 2012,[10]
- the Merchant Shipping Act 1995,[10]
- regulation 16(13) of the Civil Aviation (Investigation of Accidents) Regulations 1969,[10] and
- schedule 1 of the Coroners and Justice Act 2009, which enables inquests to be converted into inquiries under the Inquiries Act 2005.[10]
References
[edit]- ^ Caird, Jack Simson (1 July 2016). "Public Inquiries: non-statutory commissions of inquiry". Parliament of the United Kingdom. Archived from the original on 17 July 2018. Retrieved 22 July 2022.
- ^ "Memorandum to the Justice Select Committee: Post-Legislative Assessment of the Inquiries Act 2005" (PDF). justice.gov.uk. p. 3. Retrieved 11 August 2022.
- ^ Fairbairn, Catherine; Caird, Jack Simson (21 June 2017). "Inquests and public inquiries". Parliament of the United Kingdom. Archived from the original on 22 October 2020. Retrieved 30 July 2022.
- ^ a b c d e f g h "Public inquiries". Institute for Government. Retrieved 23 July 2022.
- ^ "Bloody Sunday families reject decision to charge only one soldier". The Guardian. 29 September 2000. Retrieved 24 July 2022.
- ^ "Guidance for Inquiry Chairs and Secretaries, and Sponsor Departments" (PDF). parliament.uk. Cabinet Office. p. 6. Retrieved 22 July 2022.
- ^ Cite error: The named reference
Non-statutorywas invoked but never defined (see the help page). - ^ a b c d e Cite error: The named reference
Inquiry Actwas invoked but never defined (see the help page). - ^ a b c d Dr Scott Prasser. "History of Public Inquiries". publicinquiries.com.au. Cabinet Office. Retrieved 24 July 2022.
- ^ a b c d e f g Fiona Scolding QC. "What do I do? Answering requests from a public inquiry" (PDF). landmarkchambers.co.uk. Landmark Chambers. p. 4. Retrieved 11 August 2022.