Political Accountability - Public Inquiries Flashcards
method of enforcment of admin law
what are public inquiries
investigations set up by gov in response to events of significant public concern or matters of controversial public policy
what are the two types of public inquiries
statutory
non statutory
what is the authority for statutory public inquiries
Inquiries Act 2005
give 3 examples of public inquiries
-Covid-19 inquiry
-Grenfell Tower inquiry
-Post Office Horizon IT inquiry
are gov decisions to establish/not establish an inquiry subject to legal challenge via judicial review
yes
eg Litvinenko (2014)
explain Litvinenko (2014)
-no inquiry set up after Litvinenko (defected soviet spy) assassinated with radioactive material and left trail of radiation around London
-inquiry set up July 2022
how are matters of public concern defined
-not further defined in act
-Cabinet Office Guidance Note (2010):
-large scale loss of life
-serious health/safety issues
-failure in regulation
-other events of serious concern
how does -Cabinet Office Guidance Note (2010) define matters of public concern
-large scale loss of life
-serious health/safety issues
-failure in regulation
-other events of serious concern
why would you set up a SPI under 2005 act?
-Public Administration Select Committee (2005)
-6 purposes
-establishing facts
-learning from events
-opportunity for reconciliation/catharsis
-political consideration
-reasurrance
-accountability/blame
what are the -Public Administration Select Committee (2005)
6 purposes
-establishing facts
-learning from events
-opportunity for reconciliation/catharsis
-political consideration
-reasurrance
-accountability/blame
who appoints chairs/ terms of reference for public inquiries
ministers (s.5 IA 2005)
what is s.5 IA 2005
-ministers appoint chairs and terms of reference
who are chairs usually
-retired judges
what are the Inquiry Rules 2006
-set out by Lord Chabcellor in s.41 IA 2005
-detailed rules for chair on evidence, procedure, legal representation, expenses etc
what is s.41 IA 2005
-Lord Chancellor set up Inquiry Rules 2006
-detailed rules for chair on evidence, procedure, legal representation, expenses etc
give 2 examples of SPI’s powers
-s.21 IA 2005 compel witnesses and require disclosure of documents
-s.35 IA 2005 criminal offence if non compliance
what is s.21 IA 2005
-SPI can compel witnesses and require disclosure of documents
what is s.35 IA 2005
-criminal offence resulting in imprisonment, fines or sanctions if suppression or refusal of evidence
how are SPIs expected to be transparent
-s.18 presumption proceedings held in public
-s.24-5 minister required to publish inquiry reports
-eg Chair of UK Covid Inquiry (2023< BoJo Whatsapp messages)
what is s.18 IA 2005
-presumption that proceedings held in public
what is s.24-5 IA 2005
-ministers required to publush inquiry reports
explain Chair of UK Covid Inquiry (2023)
-judicial review of Covid Inquiry Chair demanded to see PM BoJos whatsapp messages
-criminal offence if concealed or refused
give 5 disadvantafes of SPI
-IA 2005 imposes no obligation for gov to implement report recommendations
-HoL Report 2024 argues insufficient implementation has damaged reputation of PI and made them less effective
-VERY expensive (COVID - 108 mil)
-take avg of 2.5 years
-no centralised hib for inquiry management
what does the HoL 2024 report argue
insufficient implementation has damaged reputation of PI and made them less effective
how expensive was the covid inquiry
-£108 mil to date
what is the avg time for inquiries
-2.5 years
how many live SPI
-17
-HoC Library Report Jan 2025
how are NSPI established
-by gov ministers outside the scope of the IA 2005 and without an AoP
what are the 3 main types of NSPI
-Ad hoc
-Privy Council Committee
-Royal Commissioner
why opt for NSPI (4)
-less formal + adversarial
-greater flexibility
-quicker and more responsive (gov says)
-reduced transparency requirements
do NSPI have the same powers as SPI
-no, cannot compel witnesses and reduced transparency requirements
give 2 examples of NSPI
-Policing Matters Inquiry (2021-) after Sarah Everard’s death
-Cranston Inquiry (2024-) investigating sinking of migrant dingy that killed 27
how can an NSPI be converted into a SPI
-s.15 IA 2005
-requires consulting chair and obtaining consent of person who caused inquiry to be held
-triggers stricter procedural rules and guarantees
give an example of a converted SPI (from NSPI)
-Post Office Horizon IT inquiry in 2021
