Inquiries Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Inquiries Bill [HL]

Inquiries Bill [HL]
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[NOTE: The words marked in bold type were inserted by the Lords to avoid
questions of privilege.]
A
Bill
To
Make provision about the holding of inquiries.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Constitution of inquiry
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Power to establish inquiry
(1)
A Minister may cause an inquiry to be held under this Act in relation to a case
where it appears to him that—
(a)
particular events have caused, or are capable of causing, public
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concern, or
(b)
there is public concern that particular events may have occurred.
(2)
In this Act “Minister” means—
(a)
a United Kingdom Minister;
(b)
the Scottish Ministers;
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(c)
a Northern Ireland Minister;

and references to a Minister also include references to the National Assembly
for Wales.
(3)
References in this Act to an inquiry, except where the context requires
otherwise, are to an inquiry under this Act.
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2
No determination of liability
(1)
An inquiry panel is not to rule on, and has no power to determine, any person’s
civil or criminal liability.
(2)
But an inquiry panel is not to be inhibited in the discharge of its functions by
any likelihood of liability being inferred from facts that it determines or
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recommendations that it makes.

Bill 70 53/4

Inquiries Bill [HL]
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The inquiry panel
(1)
An inquiry is to be undertaken either—
(a)
by a chairman alone, or
(b)
by a chairman with one or more other members.
(2)
References in this Act to an inquiry panel are to the chairman and any other
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member or members.
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Appointment of inquiry panel
(1)
Each member of an inquiry panel is to be appointed by the Minister by an
instrument in writing.
(2)
The instrument appointing the chairman must state that the inquiry is to be
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held under this Act.
(3)
Before appointing a member to the inquiry panel (otherwise than as chairman)
the Minister must consult the person he has appointed, or proposes to appoint,
as chairman.
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Setting-up date and terms of reference
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(1)
In the instrument under section 4 appointing the chairman, or by a notice given
to him within a reasonable time afterwards, the Minister must—
(a)
specify the date that is to be the setting-up date for the purposes of this
Act; and
(b)
before that date—
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(i)
set out the terms of reference of the inquiry;
(ii)
state whether or not the Minister proposes to appoint other
members to the inquiry panel, and if so how many.
(2)
An inquiry must not begin considering evidence before the setting-up date.
(3)
The Minister may at any time after setting out the terms of reference under this
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section amend them if he considers that the public interest so requires.
(4)
Before setting out or amending the terms of reference the Minister must consult
the person he proposes to appoint, or has appointed, as chairman.
(5)
Functions conferred by this Act on an inquiry panel, or a member of an inquiry
panel, are exercisable only within the inquiry’s terms of reference.
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(6)
In this Act “terms of reference”, in relation to an inquiry under this Act,
means—
(a)
the matters to which the inquiry relates;
(b)
any particular matters as to which the inquiry panel is to determine the
facts;
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(c)
whether the inquiry panel is to make recommendations;
(d)
any other matters relating to the scope of the inquiry that the Minister
may specify.
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Minister’s duty to inform Parliament or Assembly
(1)
A Minister who proposes to cause an inquiry to be held, or who has already
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done so without making a statement under this section, must as soon as is

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reasonably practicable make a statement to that effect to the relevant
Parliament or Assembly.
(2)
A statement under subsection (1) must state—
(a)
who is to be, or has been, appointed as chairman of the inquiry;
(b)
whether the Minister has appointed, or proposes to appoint, any other
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members to the inquiry panel, and if so how many;
(c)
what are to be, or are, the inquiry’s terms of reference.
(3)
Where the terms of reference of an inquiry are amended under section 5(3), the
Minister must, as soon as is reasonably practicable, make a statement to the
relevant Parliament or Assembly setting out the amended terms of reference.
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(4)
A statement under this section may be oral or written.
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Inquiries where ministerial misconduct in issue
(1)
This section applies where—
(a)
a Minister proposes to cause an inquiry to be held, and
(b)
it appears from the proposed terms of reference that the events in
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question relate wholly or primarily to alleged ministerial misconduct.
(2)
The Minister may, if he sees fit, move a motion before the relevant Parliament
or Assembly for a resolution approving—
(a)
his proposal to cause the inquiry to be held, and
(b)
his proposals as to the inquiry’s terms of reference and the identity of
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the chairman;
but an inquiry is not invalidated by the absence of such a resolution.
(3)
Section 6(1) does not apply in any case in which the Minister has moved a
motion in pursuance of this section.
(4)
In this section “ministerial misconduct” means misconduct by—
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(a)
the holder of a Ministerial office specified in Schedule 1 to the
Ministerial and other Salaries Act 1975 (c. 27),
(b)
a member of the Scottish Executive,
(c)
the Assembly First Secretary elected by the National Assembly for
Wales, or any Assembly Secretary appointed by him, or
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(d)
the First Minister, deputy First Minister or any other Northern Ireland
Minister.
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Further appointments to inquiry panel
(1)
The Minister may at any time (whether before the setting-up date or during the
course of the inquiry) appoint a member to the inquiry panel—
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(a)
to fill a vacancy that has arisen in the panel (including a vacancy in the
position of chairman), or
(b)
to increase the number of members of the panel.
(2)
The power to appoint a member under subsection (1)(b) is exercisable only—
(a)
in accordance with a proposal under section 5(1)(b)(ii), or
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(b)
with the consent of the chairman.
(3)
The power to appoint a replacement chairman may be exercised by appointing
a person who is already a member of the inquiry panel.

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Suitability of inquiry panel
(1)
In appointing a member of the inquiry panel, the Minister must have regard—
(a)
to the need to ensure that the inquiry panel (considered as a whole) has
the necessary expertise to undertake the inquiry;
(b)
in the case of an inquiry panel consisting of a chairman and one or more
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other members, to the need for balance (considered against the
background of the terms of reference) in the composition of the panel.
(2)
For the purposes of subsection (1)(a) the Minister may have regard to the
assistance that may be provided to the inquiry panel by any assessor whom the
Minister proposes to appoint, or has appointed, under section 12.
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Requirement of impartiality
(1)
The Minister must not appoint a person as a member of the inquiry panel if it
appears to the Minister that the person has—
(a)
a direct interest in the matters to which the inquiry relates, or
(b)
a close association with an interested party,
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unless, despite the person’s interest or association, his appointment could not
reasonably be regarded as affecting the impartiality of the inquiry panel.
(2)
Before a person is appointed as a member of an inquiry panel he must notify
the Minister of any matters that, having regard to subsection (1), could affect
his eligibility for appointment.
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(3)
If at any time (whether before the setting-up date or during the course of the
inquiry) a member of the inquiry panel becomes aware that he has an interest
or association falling within paragraph (a) or (b) of subsection (1), he must
notify the Minister.
(4)
A member of the inquiry panel must not, during the course of the inquiry,
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undertake any activity that could reasonably be regarded as affecting his
suitability to serve as such.
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Appointment of judge as panel member
(1)
If the Minister proposes to appoint as a member of an inquiry panel a particular
person who is a judge of a description specified in the first column of the
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following table, he must obtain the consent to that appointment of the person
specified in the second column.

Description of judge
Person whose consent

must be obtained

Lord of Appeal in Ordinary
The senior Lord of

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Appeal in Ordinary

Judge of the Supreme Court of
The Lord Chief Justice

England and Wales, or Circuit judge
of England and Wales

Judge of the Court of Session,
The Lord President of

sheriff principal or sheriff
the Court of Session

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Description of judge
Person whose consent

must be obtained

Judge of the Supreme Court of
The Lord Chief Justice

Northern Ireland, or county
of Northern Ireland

court judge in Northern Ireland

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(2)
In this section “sheriff principal” and “sheriff” have the same meaning as in the
Sheriff Courts (Scotland) Act 1971 (c. 58).
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Assessors
(1)
One or more persons may be appointed to act as assessors to assist the inquiry
panel.
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(2)
The power to appoint assessors is exercisable—
(a)
before the setting-up date, by the Minister;
(b)
during the course of the inquiry, by the chairman (whether or not the
Minister has appointed assessors).
(3)
Before exercising his powers under subsection (2)(a) the Minister must consult
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the person he proposes to appoint, or has appointed, as chairman.
(4)
A person may be appointed as an assessor only if it appears to the Minister or
the chairman (as the case requires) that he has expertise that makes him a
suitable person to provide assistance to the inquiry panel.
(5)
The chairman may at any time terminate the appointment of an assessor, but
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only with the consent of the Minister in the case of an assessor appointed by
the Minister.
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Duration of appointment of members of inquiry panel
(1)
Subject to the following provisions of this section, a member of an inquiry
panel remains a member until the inquiry comes to an end (or until his death
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if he dies before then).
(2)
A member of an inquiry panel may at any time resign his appointment by
notice to the Minister.
(3)
The Minister may at any time by notice terminate the appointment of a
member of an inquiry panel—
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(a)
on the ground that, by reason of physical or mental illness or for any
other reason, the member is unable to carry out the duties of a member
of the inquiry panel;
(b)
on the ground that the member has failed to comply with any duty
imposed on him by this Act;
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(c)
on the ground that the member has—
(i)
a direct interest in the matters to which the inquiry relates, or
(ii)
a close association with an interested party,

such that his membership of the inquiry panel could reasonably be
regarded as affecting its impartiality;
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(d)
on the ground that the member has, since his appointment, been guilty
of any misconduct that makes him unsuited to membership of the
inquiry panel.
(4)
In determining whether subsection (3)(a) applies in a case where the inability
to carry out the duties is likely to be temporary, the Minister may have regard
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to the likely duration of the inquiry.
(5)
The Minister may not terminate a member’s appointment under subsection
(3)(c) if the Minister was aware of the interest or association in question when
appointing him.
(6)
Before exercising his powers under subsection (3) in relation to a member other
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than the chairman, the Minister must consult the chairman.
(7)
Before exercising his powers under subsection (3) in relation to any member of
the inquiry panel, the Minister must—
(a)
inform the member of the proposed decision and of the reasons for it,
and take into account any representations made by the member in
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response, and
(b)
if the member so requests, consult the other members of the inquiry
panel (to the extent that no obligation to consult them arises under
subsection (6)).
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Power to suspend inquiry
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(1)
The Minister may at any time, by notice to the chairman, suspend an inquiry
for such period as appears to him to be necessary to allow for—
(a)
the completion of any other investigation relating to any of the matters
to which the inquiry relates, or
(b)
the determination of any civil or criminal proceedings (including
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proceedings before a disciplinary tribunal) arising out of any of those
matters.
(2)
The power conferred by subsection (1) may be exercised whether or not the
investigation or proceedings have begun.
(3)
Before exercising that power the Minister must consult the chairman.
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(4)
A notice under subsection (1) may suspend the inquiry until a specified day,
until the happening of a specified event or until the giving by the Minister of a
further notice to the chairman.
(5)
Where the Minister gives a notice under subsection (1) he must—
(a)
set out in the notice his reasons for suspending the inquiry;
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(b)
lay a copy of the notice, as soon as is reasonably practicable, before the
relevant Parliament or Assembly.
(6)
A member of an inquiry panel may not exercise the powers conferred by this
Act during any period of suspension; but the duties imposed on a member of
an inquiry panel by section 10(3) and (4) continue during any such period.
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(7)
In this section “period of suspension” means the period beginning with the
receipt by the chairman of the notice under subsection (1) and ending with
whichever of the following is applicable—
(a)
the day referred to in subsection (4);
(b)
the happening of the event referred to in that subsection;
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(c)
the receipt by the chairman of the further notice under that subsection.
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End of inquiry
(1)
For the purposes of this Act an inquiry comes to an end—
(a)
on the date, after the delivery of the report of the inquiry, on which the
chairman notifies the Minister that the inquiry has fulfilled its terms of
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reference, or
(b)
on any earlier date specified in a notice given to the chairman by the
Minister.
(2)
The date specified in a notice under subsection (1)(b) may not be earlier than
the date on which the notice is sent.
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(3)
Before exercising his power under subsection (1)(b) the Minister must consult
the chairman.
(4)
Where the Minister gives a notice under subsection (1)(b) he must—
(a)
set out in the notice his reasons for bringing the inquiry to an end;
(b)
lay a copy of the notice, as soon as is reasonably practicable, before the
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relevant Parliament or Assembly.
Conversion of inquiries
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Power to convert other inquiry into inquiry under this Act
(1)
Where—
(a)
an inquiry (“the original inquiry”) is being held, or is due to be held, by
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one or more persons appointed otherwise than under this Act,
(b)
a Minister gives a notice under this section to those persons, and
(c)
the person who caused the original inquiry to be held consents,

the original inquiry becomes an inquiry under this Act as from the date of the
notice or such later date as may be specified in the notice (the “date of
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conversion”).
(2)
The power conferred by this section is exercisable only if the original inquiry
relates to a case where it appears to the Minister that—
(a)
particular events have caused, or are capable of causing, public
concern, or
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(b)
there is public concern that particular events may have occurred.
(3)
Before exercising that power the Minister must consult the chairman.
(4)
A notice under this section must—
(a)
state that, as from the date of conversion, the inquiry is to be held under
this Act;
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(b)
in the case of an inquiry panel consisting of more than one member,
identify who is to be chairman of the panel;
(c)
set out what are to be the terms of reference of the inquiry.
(5)
The terms of reference set out under subsection (4) may be different from those
of the original inquiry.
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(6)
The Minister may at any time after setting out the terms of reference under this
section amend them if he considers that the public interest so requires.