UK Resilience
Last updated: 28 October 2008
Statutory and non-statutory public inquiries may be set up for a wide variety of reasons to deal with important matters, including planning applications and new road schemes. However, those that are relevant to recovery will be public inquiries set up to inquire into the causes of a disaster of some kind. Previously, the principle piece of legislation was the Tribunals of Inquiry (Evidence) Act 1921 which was repealed and replaced by the Inquiries Act 2005 although inquiries were also set up under a range of other Acts.
The 1921 Tribunals of Inquiry Act was intended to be used for the most serious matters of "urgent public importance" and provides for a tribunal of inquiry that looks very much like a court. The first inquiry under the Act which dealt with a disaster was the inquiry into the loss of H M Submarine Thetis on its maiden voyage in June 1939 which involved the deaths of 99 men. The next disaster to be inquired into was the disaster at Aberfan in 1966, followed by the original inquiry into the events of Bloody Sunday in 1972. A collection of more modern inquiry powers were developed over the years, which covered some particular subject areas such as policing and health, but not others such as prisons. Increasingly, governments have started to set up ad-hoc, non-statutory inquiries, often because there is no appropriate legislation for statutory ones.
The 2005 Act creates a comprehensive new statutory framework for inquiries set up by Ministers to look into matters of public concern. It replaces over 30 different pieces of legislation on inquiries, consolidating much of the current legislation and codifying past practice for inquiries. It covers the setting up of inquiries, the appointment of people to conduct them, their procedures and their powers, and the submission and publication of reports.
The Act is not designed for planning inquiries, or any other inquiries that take place as part of an administrative, decision-making process. Nor is it designed to cover inquiries commissioned by anyone other than government Ministers - for example, inquiries set up by the Health and Safety Commission. These types of inquiry are designed for a specialist purpose, and have their own legislation.
The 2005 Act will only be used for inquiries that need to have statutory powers. There will still be a place for non-statutory inquiries. There will also be some subject areas, such as financial services, where it is appropriate to keep a specialised framework in place.
Inquiries do not determine civil or criminal liability. They are not a substitute for court proceedings, and they don't punish people or award compensation. They are a tool for establishing facts and preventing a problem from recurring.
On the face of the 2005 Act, there is a new requirement on an inquiry chairman to have regard to the need to control costs. Sections on payment of inquiry and witness expenses provide the Minister with a degree of budgetary control, while ensuring that the inquiry has adequate funds. Proposed procedure rules should strengthen a chairman's hand in controlling costs.
Under the 2005 Act, inquiries will be able to compel any information that could be compelled by a court in normal civil proceedings. Failure to co-operate will be a summary offence, and inquiry chairmen will also have the option of asking the High Court to enforce any orders that they make. During the last few years, there have been a number of inquiries set up to investigate the circumstances surrounding disasters:
No inquiries into a disaster have been set up under the 2005 Act, which came into force on 7 June 2005 throughout the UK. Earlier inquiries have been converted to inquiries under the 2005 Act in respect of the deaths of Billy Wright and Robert Hamill in Northern Ireland although these have been the subject of judicial review proceedings, challenging the decision to so convert.
Section 19 of the 2005 Act gives the minister power to make a restriction order prohibiting disclosure of evidence in the public interest. The restriction order might apply indefinitely and would not be restricted to matters of national security.
Public inquiries are governed by the Inquiries Act 2005 and a wide variety of other legislation, including the Health and Safety at Work etc Act 1974, Merchant Shipping Act 1995, Railways Act 2005 [External website], and the National Health Service Act 1977. But public inquiries may also be established on a non-statutory basis. This was the case with the BSE Inquiry and the Stephen Lawrence Inquiry. An information sheet on the Inquiries Act 2005 was issued by the then Department for Constitutional Affairs (DCA) on 7 June 2005.
No guidance has been issued to local authorities on the handling of public inquiries. It is expected that all persons called to give evidence to a public inquiry will fully co-operate with that inquiry. The inquiry team may of course offer advice to those appearing as witnesses or otherwise involved and ensure that such persons are aware of the terms of reference and what may be expected of them. In cases of doubt, the persons concerned should clarify their position. Under no circumstances should a person be expected to incriminate themselves when answering a question. Public inquiries do not determine questions of criminal or civil liability.
The Inquiries Act applies throughout the United Kingdom. Other legislation may vary. Devolved administrations have powers to set up non-statutory inquiries.
A decision on the form of an Inquiry is taken by ministers at the time depending on the nature and circumstances of the event, except where this has been devolved to an independent body such as the Health and Safety Commission. The default position is to establish an inquiry under the Inquiries Act 2005 - however, the minister may decide for whatever reason to use other legislation or perhaps proceed on a non-statutory basis. The terms of reference will normally be determined wholly by the minister in discussion with officials and, as necessary with the benefit of the knowledge of technical experts. Other legislation which might be considered is:
Many inquiries will be held close to the events which have occasioned its establishment. For example, the Shipman Inquiry was held at Manchester Town Hall; the Bristol Royal Infirmary Inquiry took place in Bristol. In such circumstances, local authorities are expected to co-operate fully with the inquiry team in finding suitable facilities if requested to do so. In particular, the local authority should be willing to find suitable accommodation and second administration staff as required.
The Inquiry's own responsibility in this area will be to ensure that its needs are fully understood by those it has requested to provide or facilitate the provision of resources.
As outlined above.
In Scotland, Ministers can set up ad-hoc inquiries as well as inquiries under the 2005 Act or under the various pieces of health and safety legislation (Lord Fraser's inquiry into the building of the Scottish Parliament building was an ad-hoc inquiry).
For details of inquiries into deaths, see the Inquiries into deaths in Scotland topic sheet.
In cases where there have been fatalities in Northern Ireland (NI), these would be governed by the Coroners Act (NI) 1959 and the Coroners (Practice and Procedure) Rules (NI) 1963. A decision on the holding of an inquest in NI would not be considered until after the Coroners investigation has been completed. Section 11 of the Rules gives Coroners the general power to adjourn an inquest either before commencement, at commencement, or during the hearing, to a fixed date or no set date (sine die), and also allows for the decision not to resume an adjourned inquest.
Whilst there is no compulsion on Northern Ireland (NI) Coroners to adjourn inquests in such circumstances as outlined above (ie. when a judicial public inquiry is to be held), the general practice followed is compatible. In general terms, the NI Coroners investigation into a death will continue in parallel with any other investigation or inquiry into the circumstances of the death. However, at the point when a decision regarding the holding of an inquest would naturally occur, the Coroner will take note of the position with the other investigation or inquiry, and will suspend his / her decision until after the result of this is known.
The costs of the inquiry will be met by the relevant government department or from the budget of the independent body unless, although this seems highly unlikely, an inquiry into a disaster has been established by local or regional government, rather than central government.
There have been no cases where the Inquiries Act 2005 was used. All public inquiries relating to disasters were either under the 1921 Act, non-statutory or under other legislation.
More information about public inquiries can be found on the Ministry of Justice website.
General enquiries: Cabinet Office, 22 Whitehall, London SW1A 2WH.
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