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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(3)
The powers conferred by section 22 are exercisable only—
(a)
in respect of evidence, documents or other things that are wholly or
primarily concerned with a Scottish matter, or
(b)
for the purpose of inquiring into something that is wholly or primarily
a Scottish matter.
5
(4)
Those powers are not exercisable so as to require any evidence, document or
other thing to be given, produced or provided by or on behalf of Her Majesty’s
Government in the United Kingdom, the National Assembly for Wales or a
Northern Ireland Minister.
(5)
In this section “Scottish matter” means a matter that relates to Scotland and is
10
not a reserved matter (within the meaning of the Scotland Act 1998 (c. 46)).
30
Welsh inquiries
(1)
This section applies to an inquiry for which the National Assembly for Wales
is responsible.
(2)
The terms of reference of the inquiry must not require it to determine any fact
15
or to make any recommendation that is not wholly or primarily concerned
with a Welsh matter.
(3)
The powers conferred by section 22 are exercisable only—
(a)
in respect of evidence, documents or other things that are wholly or
primarily concerned with a Welsh matter, or
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(b)
for the purpose of inquiring into something that is wholly or primarily
a Welsh matter.
(4)
Those powers are not exercisable so as to require any evidence, document or
other thing to be given, produced or provided by or on behalf of Her Majesty’s
Government in the United Kingdom, the Scottish Ministers or a Northern
25
Ireland Minister.
(5)
In this section “Welsh matter” means a matter in relation to which the National
Assembly for Wales has functions.
31
Northern Ireland inquiries
(1)
This section applies to an inquiry for which a Northern Ireland Minister is
30
responsible.
(2)
The terms of reference of the inquiry must not require it—
(a)
to determine any fact that is not wholly or primarily concerned with a
matter which is, and was at the relevant time, a Northern Ireland
matter, or
35
(b)
to make any recommendation that is not wholly or primarily concerned
with a Northern Ireland matter.
(3)
The Minister may not, without the consent of the Secretary of State, include in
the terms of reference anything that would require the inquiry to inquire into
events occurring—
40
(a)
before 2nd December 1999 (the “appointed day” for the purposes of the
Northern Ireland Act 1998 (c. 47)), or
(b)
during a period when section 1 of the Northern Ireland Act 2000 (c. 1)
is in force (suspension of devolved government in Northern Ireland).

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(4)
The powers conferred by section 22 are exercisable only—
(a)
in respect of evidence, documents or other things that are wholly or
primarily concerned with a matter which is, and was at the relevant
time, a Northern Ireland matter, or
(b)
for the purpose of inquiring into something that is, and was at the
5
relevant time, wholly or primarily a Northern Ireland matter.
(5)
Those powers are not exercisable so as to require any evidence, document or
other thing to be given, produced or provided by or on behalf of Her Majesty’s
Government in the United Kingdom, the Scottish Ministers or the National
Assembly for Wales.
10
(6)
Powers conferred by section 22 that would not be exercisable but for subsection
(8)(b) below are not exercisable in circumstances in which subsection (3), (4) or
(5) of section 44 of the Northern Ireland Act 1998 (c. 47) (power of Assembly to
call for witnesses and documents) would prevent the power in subsection (1)
of that section from being exercised.
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(7)
The inquiry must not consider evidence or make recommendations about any
matter falling within paragraph 17 of Schedule 2 to the Northern Ireland Act
1998 (excepted matters: national security etc).
(8)
In this section “Northern Ireland matter” means—
(a)
a matter that relates to Northern Ireland and is a transferred matter
20
within the meaning of the Northern Ireland Act 1998 (or, in relation to
any time when Part 1 of the Northern Ireland Constitution Act 1973
(c. 36) was in force, within the meaning of that Act), or
(b)
a matter falling within section 44(2)(b) of the Northern Ireland Act 1998
(matters in relation to which statutory functions are exercisable by
25
Northern Ireland Ministers etc).
(9)
In this section “the relevant time” means the time when the fact or event in
question occurred (or is alleged to have occurred).
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The relevant part of the United Kingdom and the applicable rules
(1)
The Minister responsible for an inquiry must specify whether the relevant part
30
of the United Kingdom in relation to the inquiry is—
(a)
England and Wales,
(b)
Scotland, or
(c)
Northern Ireland.
(2)
The Ministers responsible for an inquiry that—
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(a)
is one to which section 34 applies, and
(b)
would (but for this subsection) be subject to more than one set of rules,

must specify which of those sets, or what combination of rules from more than
one of those sets, is to apply.
(3)
In subsection (2) “set of rules” means the rules made by virtue of a particular
40
paragraph of section 42(3).
(4)
If in the case of an inquiry (other than one to which section 34 applies) for
which a United Kingdom Minister is responsible—
(a)
the Minister specifies that the relevant part of the United Kingdom is
Scotland,
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(b)
the Minister specifies that the relevant part of the United Kingdom is
England and Wales, and the inquiry is expected to be held wholly or
partly in Wales, or
(c)
the Minister specifies that the relevant part of the United Kingdom is
Northern Ireland,
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he may if he thinks fit specify that some or all of the rules that are to apply are
rules made by virtue of paragraph (b), (c) or (d) (as appropriate) of section
42(3).
(5)
The relevant part of the United Kingdom and, where subsection (2) or (4)
applies, the applicable rules must be specified no later than the setting-up date
10
or, as the case may be, the date of conversion.
Inquiries for which more than one Minister responsible
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Joint inquiries
(1)
The power under section 1 to cause an inquiry to be held, or to convert an
inquiry under section 16, is exercisable by two or more Ministers acting jointly.
15
(2)
In this Act “joint inquiry” means an inquiry for which by virtue of this section,
or section 35, two or more Ministers are responsible.
(3)
In the case of a joint inquiry—
(a)
powers conferred on a Minister by any provision of this Act (except
section 42) are exercisable by the Ministers in question acting jointly;
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(b)
duties imposed by this Act on a Minister are joint duties of those
Ministers.
(4)
Subsection (3)(b), so far as relating to obligations under section 40, is subject to
any different arrangements that may be agreed by the Ministers in question.
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Inquiries involving more than one administration
25
(1)
This section applies to a joint inquiry for which the Ministers responsible (“the
relevant Ministers”) are not all United Kingdom Ministers and are not all
Northern Ireland Ministers.
(2)
A limitation imposed by section 28(2), 29(2), 30(2) or 31(2) or (3) on the terms
of reference of an inquiry for which a particular Minister is responsible has
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effect only to the extent that it applies in relation to all of the relevant Ministers.
(3)
A limitation imposed by section 28(3), 29(3) or (4), 30(3) or (4) or 31(4) or (5) on
the powers conferred on the chairman of an inquiry for which a particular
Minister is responsible has effect only to the extent that it applies in relation to
all of the relevant Ministers.
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(4)
Subsections (6) and (7) of section 31 do not apply if at least one of the relevant
Ministers is a United Kingdom Minister.
35
Change of responsibility for inquiry
(1)
Each of the Ministers concerned may agree in writing that, as from a date
specified in the agreement (“the specified date”), one or more Ministers should
40
become, or cease to be, responsible for an inquiry.

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(2)
Where an agreement is made under this section—
(a)
in relation to any time on or after the specified date, references in this
Act to the Minister responsible for the inquiry are to be read in
accordance with the agreement;
(b)
each of the Ministers concerned has obligations under section 40 only
5
in relation to the period when that Minister was or is responsible for the
inquiry.
(3)
Subsection (2)(b) is subject to any different arrangements that may be specified
in the agreement under this section.
(4)
Where as a result of an agreement under this section the terms of reference of
10
the inquiry fail to comply with an applicable limitation imposed by section
28(2), 29(2), 30(2) or 31(2) or (3), they are to be read subject to such
modifications as are necessary to make them comply with the limitation.
(5)
In this section “the Ministers concerned” means the Ministers responsible for
the inquiry before the specified date together with any who, under the
15
agreement, are to become responsible for it as from that date.
Supplementary
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Offences
(1)
A person is guilty of an offence if he fails without reasonable excuse to do
anything that he is required to do by a notice under section 22.
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(2)
A person is guilty of an offence if during the course of an inquiry he does
anything that is intended to have the effect of—
(a)
distorting or otherwise altering any evidence, document or other thing
that is given, produced or provided to the inquiry panel, or
(b)
preventing any evidence, document or other thing from being given,
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produced or provided to the inquiry panel,

or anything that he knows or believes is likely to have that effect.
(3)
A person is guilty of an offence if during the course of an inquiry—
(a)
he intentionally suppresses or conceals a document that is, and that he
knows or believes to be, a relevant document, or
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(b)
he intentionally alters or destroys any such document.

For the purposes of this subsection a document is a “relevant document” if it is
likely that the inquiry panel would (if aware of its existence) wish to be
provided with it.
(4)
A person does not commit an offence under subsection (2) or (3) by doing
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anything that he is authorised or required to do—
(a)
by the inquiry panel, or
(b)
by virtue of section 23 or any privilege that applies.
(5)
Proceedings in England and Wales or in Northern Ireland for an offence under
subsection (1) may be instituted only by the chairman.
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(6)
Proceedings for an offence under subsection (2) or (3) may be instituted—
(a)
in England and Wales, only by or with the consent of the Director of
Public Prosecutions;

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(b)
in Northern Ireland, only by or with the consent of the Director of
Public Prosecutions for Northern Ireland.
(7)
A person who is guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level three on the standard scale or to
imprisonment for a term not exceeding the relevant maximum, or to both.
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(8)
“The relevant maximum” is—
(a)
in England and Wales, 51 weeks;
(b)
in Scotland and Northern Ireland, six months.
37
Enforcement by High Court or Court of Session
(1)
Where a person—
10
(a)
fails to comply with, or acts in breach of, a notice under section 20 or 22
or an order made by an inquiry, or
(b)
threatens to do so,

the chairman of the inquiry, or after the end of the inquiry the Minister, may
certify the matter to the appropriate court.
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(2)
The court, after hearing any evidence or representations on a matter certified
to it under subsection (1), may make such order by way of enforcement or
otherwise as it could make if the matter had arisen in proceedings before the
court.
(3)
In this section “the appropriate court” means the High Court or, in the case of
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an inquiry in relation to which the relevant part of the United Kingdom is
Scotland, the Court of Session.
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Immunity from suit
(1)
No action lies against—
(a)
a member of an inquiry panel,
25
(b)
an assessor, counsel or solicitor to an inquiry, or
(c)
a person engaged to provide assistance to an inquiry,

in respect of any act done or omission made in the execution of his duty as
such, or any act done or omission made in good faith in the purported
execution of his duty as such.
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(2)
Subsection (1) applies only to acts done or omissions made during the course
of the inquiry, otherwise than during any period of suspension (within the
meaning of section 14).
(3)
For the purposes of the law of defamation, the same privilege attaches to—
(a)
any statement made in or for the purposes of proceedings before an
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inquiry (including the report and any interim report of the inquiry),
and
(b)
reports of proceedings before an inquiry,

as would be the case if those proceedings were proceedings before a court in
the relevant part of the United Kingdom.
40
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Time limit for applying for judicial review
(1)
An application for judicial review of a decision made—

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(a)
by the Minister in relation to an inquiry, or
(b)
by a member of an inquiry panel,

must be brought within 14 days after the day on which the applicant became
aware of the decision, unless that time limit is extended by the court.
(2)
Subsection (1) does not apply where an earlier time limit applies by virtue of
5
Civil Procedure Rules or rules made under section 55 of the Judicature
(Northern Ireland) Act 1978 (c. 23).
(3)
Subsection (1) does not apply to—
(a)
a decision as to the contents of the report of the inquiry;
(b)
a decision of which the applicant could not have become aware until
10
the publication of the report.

In this subsection “report” includes any interim report.
(4)
This section does not extend to Scotland.
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Payment of inquiry expenses by Minister
(1)
The Minister may agree to pay to—
15
(a)
the members of the inquiry panel,
(b)
any assessor, counsel or solicitor to the inquiry, and
(c)
any person engaged to provide assistance to the inquiry,

such remuneration and expenses as the Minister may determine.
(2)
The Minister must pay any amounts awarded under section 41.
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(3)
The Minister must meet any other expenses incurred in holding the inquiry,
including the cost of publication of the report and any interim report of the
inquiry (whether or not the chairman has responsibility for arranging
publication).
(4)
Subsection (5) applies where the Minister—
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(a)
believes that there are matters in respect of which an inquiry panel is
acting outside the inquiry’s terms of reference, or is likely to do, and
(b)
gives a notice to the chairman specifying those matters and the reasons
for his belief.
(5)
Subject to provision made by rules under section 42, the Minister is not obliged
30
under this section or otherwise to pay any amounts or to meet any expenses in
so far as they are referable—
(a)
to any matters certified by the Minister, in accordance with such
provision, to be outside the inquiry’s terms of reference, and
(b)
to any period falling after the date on which the notice under subsection
35
(4) was given.
(6)
Within a reasonable time after the end of the inquiry the Minister must publish
the total amount of what he has paid (or remains liable to pay) under this
section.
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Expenses of witnesses etc
40
(1)
The chairman may award reasonable amounts to a person—
(a)
by way of compensation for loss of time, or
(b)
in respect of expenses properly incurred, or to be incurred,

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in attending, or otherwise in relation to, the inquiry.
(2)
The power to make an award under this section includes power, where the
chairman considers it appropriate, to award amounts in respect of legal
representation.
(3)
A person is eligible for an award under this section only if he is—
5
(a)
a person attending the inquiry to give evidence or to produce any
document or other thing, or
(b)
a person who, in the opinion of the chairman, has such a particular
interest in the proceedings or outcome of the inquiry as to justify such
an award.
10
(4)
The power to make an award under this section is subject to such conditions or
qualifications as may be determined by the Minister and notified by him to the
chairman.
General
42
Rules
15
(1)
The appropriate authority may make rules dealing with—
(a)
matters of evidence and procedure in relation to inquiries;
(b)
the return or keeping, after the end of an inquiry, of documents given
to or created by the inquiry;
(c)
awards under section 41.
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(2)
Rules under subsection (1)(c) may in particular—
(a)
make provision as to how and by whom the amount of awards is to be
assessed, including provision allowing the assessment to be
undertaken by the inquiry panel or by such other person as the panel
may nominate;
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(b)
make provision for review of an assessment at the instance of a person
dissatisfied with it.
(3)
The appropriate authority is—
(a)
the Lord Chancellor, as regards inquiries for which a United Kingdom
Minister is responsible;
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(b)
the Scottish Ministers, as regards inquiries for which they are
responsible;
(c)
the National Assembly for Wales, as regards inquiries for which that
Assembly is responsible;
(d)
the First Minister and deputy First Minister acting jointly, as regards
35
inquiries for which a Northern Ireland Minister is responsible.
(4)
The power to make rules under this section is exercisable—
(a)
in the case of rules made by the Lord Chancellor, the National
Assembly for Wales or the Scottish Ministers, by statutory instrument;
(b)
in the case of rules made by the First Minister and deputy First
40
Minister, by statutory rule for the purposes of the Statutory Rules
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(5)
A statutory instrument made under this section is subject to annulment—