Public inquiries

What is a public inquiry?

A public inquiry is an investigation set up by a government minister to respond to events of major public concern or to consider controversial public policy issues.

What is the difference between a statutory and a non-statutory public inquiry?

Statutory inquiries are governed by the Inquiries Act 2005 or, in rare cases, by other legislation. This means that they have more powers than non-statutory inquiries, such as the power to compel witnesses to give evidence. However, it also means that there are more rigid rules around how statutory inquiries operate.

There is no legislation governing non-statutory inquiries, which have fewer powers but can operate more flexibly. Non-statutory inquiries can allow for a more direct role for victims and bereaved families, for example, than is allowed in statutory inquiries under the Inquiries Act 2005.

How are public inquiries established?

A public inquiry can be established by any government minister. UK Government ministers can set up inquiries covering any issue for which they are responsible, while Scottish ministers, Welsh ministers and Northern Ireland ministers can set up inquiries covering devolved issues.

Once a minister has chosen who will chair an inquiry they will decide, in consultation with the chair, what the terms of reference for the inquiry will be. The minister will then make a statement to Parliament or to the relevant devolved legislature formally announcing the inquiry.

What happens during a public inquiry?

Once a public inquiry has been announced, an inquiry team will need to be created including a secretariat, a solicitor and often legal counsel.

The inquiry will then gather information and will hold evidence hearings to help form its conclusions, before producing a report to present to the minister. In statutory inquiries, the report must then be published.

How has the public inquiries system been criticised?

A range of issues have been identified with the public inquiries system since the Inquiries Act 2005 was passed. These issues include:

• the time taken to produce reports when recommendations are urgently needed
• the failure to share best practice and learn lessons from previous inquiries
• the lack of scrutiny of whether and how the government is implementing recommendations from public inquiries