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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(7)
The Minister must consult the chairman before—
(a)
setting out terms of reference that are different from those of the
original inquiry, or
(b)
amending the terms of reference under subsection (6).
(8)
Section 6 applies, with any necessary modifications, in relation to—
5
(a)
converting an inquiry under this section, or
(b)
amending an inquiry’s terms of reference under subsection (6),

as it applies in relation to causing an inquiry to be held, or amending an
inquiry’s terms of reference under section 5(3).
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Inquiries converted under section 16
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(1)
This section applies where an inquiry (the “original inquiry”) is converted
under section 16 into an inquiry under this Act.
(2)
The appointment of a person who at the date of conversion is—
(a)
one of the persons holding, or due to hold, the original inquiry (an
“original member”),
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(b)
an assessor, counsel or solicitor to the inquiry, or
(c)
a person engaged to provide assistance to the inquiry,

continues as if made under this Act, and for the purposes of section 13(5) is
treated as made by the Minister on the date of conversion.
(3)
Any obligation arising under an order of the original inquiry, or otherwise in
20
connection with that inquiry, is enforceable only as it would be if the original
inquiry had not been converted.
(4)
No rights or obligations arise under or by virtue of this Act before the date of
conversion.
Inquiry proceedings
25
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Evidence and procedure
(1)
Subject to any provision of this Act or of rules under section 42, the procedure
and conduct of an inquiry are to be such as the chairman of the inquiry may
direct.
(2)
In particular, the chairman may take evidence on oath, and for that purpose
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may administer oaths.
(3)
In making any decision as to the procedure or conduct of an inquiry, the
chairman must act with fairness and with regard also to the need to avoid any
unnecessary cost (whether to public funds or to witnesses or others).
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Public access to inquiry proceedings and information
35
(1)
Subject to any restrictions imposed by a notice or order under section 20, the
chairman must take such steps as he considers reasonable to secure that
members of the public (including reporters) are able—
(a)
to attend the inquiry or to see and hear a simultaneous transmission of
proceedings at the inquiry;
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Inquiries Bill [HL]
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(b)
to obtain or to view a record of evidence and documents given,
produced or provided to the inquiry or inquiry panel.
(2)
No recording or broadcast of proceedings at an inquiry may be made except—
(a)
at the request of the chairman, or
(b)
with the permission of the chairman and in accordance with any terms
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on which permission is given.

Any such request or permission must be framed so as not to enable a person to
see or hear by means of a recording or broadcast anything that he is prohibited
by a notice under section 20 from seeing or hearing.
(3)
Section 32(2) of the Freedom of Information Act 2000 (c. 36) (certain inquiry
10
records etc exempt from obligations under that Act) does not apply in relation
to information contained in documents that, in pursuance of rules under
section 42(1)(b) below, have been passed to and are held by a public authority.
(4)
Section 37(1)(b) of the Freedom of Information (Scotland) Act 2002 (asp 13)
(certain inquiry records etc exempt from obligations under that Act) does not
15
apply in relation to information contained in documents that, in pursuance of
rules under section 42(1)(b) below, have been passed to and are held by a
Scottish public authority.
20
Restrictions on public access etc
(1)
Restrictions may, in accordance with this section, be imposed on—
20
(a)
attendance at an inquiry, or at any particular part of an inquiry;
(b)
disclosure or publication of any evidence or documents given,
produced or provided to an inquiry.
(2)
Restrictions may be imposed in either or both of the following ways—
(a)
by being specified in a notice (a “restriction notice”) given by the
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Minister to the chairman at any time before the end of the inquiry;
(b)
by being specified in an order (a “restriction order”) made by the
chairman during the course of the inquiry.
(3)
A restriction notice or restriction order must specify only such restrictions—
(a)
as are required by any statutory provision, enforceable Community
30
obligation or rule of law, or
(b)
as the Minister or chairman considers to be conducive to the inquiry
fulfilling its terms of reference or to be necessary in the public interest,
having regard in particular to the matters mentioned in subsection (4).
(4)
Those matters are—
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(a)
the extent to which any restriction on attendance, disclosure or
publication might inhibit the allaying of public concern;
(b)
any risk of harm or damage that could be avoided or reduced by any
such restriction;
(c)
any conditions as to confidentiality subject to which a person acquired
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information that he is to give, or has given, to the inquiry;
(d)
the extent to which not imposing any particular restriction would be
likely—
(i)
to cause delay or to impair the efficiency or effectiveness of the
inquiry, or
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Inquiries Bill [HL]
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(ii)
otherwise to result in additional cost (whether to public funds
or to witnesses or others).
(5)
In subsection (4)(b) “harm or damage” includes in particular—
(a)
death or injury;
(b)
damage to national security or international relations;
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(c)
damage to the economic interests of the United Kingdom or of any part
of the United Kingdom;
(d)
damage caused by disclosure of commercially sensitive information.
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Further provisions about restriction notices and orders
(1)
Restrictions specified in a restriction notice have effect in addition to any
10
already specified, whether in an earlier restriction notice or in a restriction
order.
(2)
Restrictions specified in a restriction order have effect in addition to any
already specified, whether in an earlier restriction order or in a restriction
notice.
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(3)
The Minister may vary or revoke a restriction notice by giving a further notice
to the chairman at any time before the end of the inquiry.
(4)
The chairman may vary or revoke a restriction order by making a further order
during the course of the inquiry.
(5)
Restrictions imposed under section 20 on disclosure or publication of evidence
20
or documents (“disclosure restrictions”) continue in force indefinitely,
unless—
(a)
under the terms of the relevant notice or order the restrictions expire at
the end of the inquiry, or at some other time, or
(b)
the relevant notice or order is varied or revoked under subsection (3),
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(4) or (7).

This is subject to subsection (6).
(6)
After the end of the inquiry, disclosure restrictions do not apply to a public
authority, or a Scottish public authority, in relation to information held by the
authority otherwise than as a result of the breach of any such restrictions.
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(7)
After the end of an inquiry the Minister may, by a notice published in a way
that he considers suitable—
(a)
revoke a restriction order or restriction notice containing disclosure
restrictions that are still in force, or
(b)
vary it so as to remove or relax any of the restrictions.
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(8)
In this section “restriction notice” and “restriction order” have the meaning
given by section 20(2).
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Powers of chairman to require production of evidence etc
(1)
The chairman of an inquiry may by notice require a person to attend at a time
and place stated in the notice—
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(a)
to give evidence;
(b)
to produce any documents in his custody or under his control that
relate to a matter in question at the inquiry;

Inquiries Bill [HL]
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(c)
to produce any other thing in his custody or under his control for
inspection, examination or testing by or on behalf of the inquiry panel.
(2)
The chairman may by notice require a person, within such period as appears
to the inquiry panel to be reasonable—
(a)
to provide evidence to the inquiry panel in the form of a written
5
statement;
(b)
to provide any documents in his custody or under his control that relate
to a matter in question at the inquiry;
(c)
to produce any other thing in his custody or under his control for
inspection, examination or testing by or on behalf of the inquiry panel.
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(3)
A notice under subsection (1) or (2) must—
(a)
explain the possible consequences of not complying with the notice;
(b)
indicate what the recipient of the notice should do if he wishes to make
a claim within subsection (4).
(4)
A claim by a person that—
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(a)
he is unable to comply with a notice under this section, or
(b)
it is not reasonable in all the circumstances to require him to comply
with such a notice,

is to be determined by the chairman of the inquiry, who may revoke or vary
the notice on that ground.
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(5)
In deciding whether to revoke or vary a notice on the ground mentioned in
subsection (4)(b), the chairman must consider the public interest in the
information in question being obtained by the inquiry, having regard to the
likely importance of the information.
(6)
For the purposes of this section a thing is under a person’s control if it is in his
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possession or if he has a right to possession of it.
23
Privileged information etc
(1)
A person may not under section 22 be required to give, produce or provide any
evidence or document if—
(a)
he could not be required to do so if the proceedings of the inquiry were
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civil proceedings in a court in the relevant part of the United Kingdom,
or
(b)
the requirement would be incompatible with a Community obligation.
(2)
The rules of law under which evidence or documents are permitted or required
to be withheld on grounds of public interest immunity apply in relation to an
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inquiry as they apply in relation to civil proceedings in a court in the relevant
part of the United Kingdom.
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Risk of damage to the economy
(1)
This section applies where it is submitted to an inquiry panel, on behalf of the
Crown, the Financial Services Authority or the Bank of England, that there is
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information held by any person which, in order to avoid a risk of damage to
the economy, ought not to be revealed.
(2)
The panel must not permit or require the information to be revealed, or cause
it to be revealed, unless satisfied that the public interest in the information

Inquiries Bill [HL]
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being revealed outweighs the public interest in avoiding a risk of damage to
the economy.
(3)
In making a decision under this section the panel must take account of any
restriction notice given under section 20 or any restriction order that the
chairman has made or proposes to make under that section.
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(4)
In this section—
“damage to the economy” means damage to the economic interests of the
United Kingdom or of any part of the United Kingdom;
“revealed” means revealed to anyone who is not a member of the inquiry
panel.
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(5)
This section does not prevent the inquiry panel from communicating any
information in confidence to the Minister.
(6)
This section does not affect the rules of law referred to in section 23(2).
Inquiry reports
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Submission of reports
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(1)
The chairman of an inquiry must deliver a report to the Minister setting out—
(a)
the facts determined by the inquiry panel;
(b)
the recommendations of the panel (where the terms of reference
required it to make recommendations).

The report may also contain anything else that the panel considers to be
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relevant to the terms of reference (including any recommendations the panel
sees fit to make despite not being required to do so by the terms of reference).
(2)
In relation to an inquiry that is brought to an end under section 15(1)(b), the
duty imposed by subsection (1) to deliver a report is to be read as a power to
do so.
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(3)
Before making a report under subsection (1) the chairman may deliver to the
Minister a report under this subsection (an “interim report”) containing
anything that a report under subsection (1) may contain.
(4)
A report of an inquiry must be signed by each member of the inquiry panel.
(5)
If the inquiry panel is unable to produce a unanimous report, the report must
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reasonably reflect the points of disagreement.
(6)
In subsections (4) and (5) “report” includes an interim report.
26
Publication of reports
(1)
It is the duty of the Minister, or the chairman if subsection (2) applies, to
arrange for reports of an inquiry to be published.
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(2)
This subsection applies if—
(a)
the Minister notifies the chairman before the setting-up date that the
chairman is to have responsibility for arranging publication, or
(b)
at any time after that date the chairman, on being invited to do so by the
Minister, accepts responsibility for arranging publication.
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(3)
Subject to subsection (4), a report of an inquiry must be published in full.

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(4)
The person whose duty it is to arrange for a report to be published may
withhold material in the report from publication to such extent—
(a)
as is required by any statutory provision, enforceable Community
obligation or rule of law, or
(b)
as the person considers to be necessary in the public interest, having
5
regard in particular to the matters mentioned in subsection (5).
(5)
Those matters are—
(a)
the extent to which withholding material might inhibit the allaying of
public concern;
(b)
any risk of harm or damage that could be avoided or reduced by
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withholding any material;
(c)
any conditions as to confidentiality subject to which a person acquired
information that he has given to the inquiry.
(6)
In subsection (5)(b) “harm or damage” includes in particular—
(a)
death or injury;
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(b)
damage to national security or international relations;
(c)
damage to the economic interests of the United Kingdom or of any part
of the United Kingdom;
(d)
damage caused by disclosure of commercially sensitive information.
(7)
Subsection (4)(b) does not affect any obligation of the Minister, or any other
20
public authority or Scottish public authority, that may arise under the Freedom
of Information Act 2000 (c. 36) or the Freedom of Information (Scotland) Act
2002 (asp 13).
(8)
In this section “report” includes an interim report.
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Laying of reports before Parliament or Assembly
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Whatever is required to be published under section 26 must be laid by the
Minister, either at the time of publication or as soon afterwards as is reasonably
practicable, before the relevant Parliament or Assembly.
Scotland, Wales and Northern Ireland
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United Kingdom inquiries
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(1)
This section applies to an inquiry for which a United Kingdom Minister is
responsible.
(2)
The Minister may not, without first consulting the relevant administration,
include in the terms of reference anything that would require the inquiry—
(a)
to determine any fact that is wholly or primarily concerned with a
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Scottish matter or a Welsh matter;
(b)
to determine any fact that is wholly or primarily concerned with a
matter which is, and was at the relevant time, a transferred Northern
Ireland matter;
(c)
to make any recommendation that is wholly or primarily concerned
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with a Scottish matter, a Welsh matter or a transferred Northern Ireland
matter.

Inquiries Bill [HL]
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(3)
Unless the Minister gives written permission to the chairman, the powers
conferred by section 22 are not exercisable—
(a)
in respect of evidence, documents or other things that are wholly or
primarily concerned with—
(i)
a Scottish matter or a Welsh matter, or
5
(ii)
a matter which is, and was at the relevant time, a Northern
Ireland matter;
(b)
so as to require any evidence, document or other thing to be given,
produced or provided by or on behalf of the Scottish Ministers, the
National Assembly for Wales or a Northern Ireland Minister.
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(4)
Before granting permission under subsection (3) the Minister must consult the
relevant administration.
(5)
Permission under subsection (3) may be granted subject to such conditions or
qualifications as the Minister may specify.
(6)
Permission under subsection (3) is not required for the exercise of powers in
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circumstances in which subsection (6) of section 31 would prevent the powers
from being exercised in the case of an inquiry to which that section applies.
(7)
In this section—
“Northern Ireland matter” means—
(a)
a transferred Northern Ireland matter, or
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(b)
a matter falling within section 44(2)(b) of the Northern Ireland
Act 1998 (c. 47) (matters in relation to which statutory functions
are exercisable by Northern Ireland Ministers etc);
“the relevant administration” means whichever of the following the case
requires—
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(a)
the Scottish Ministers;
(b)
the National Assembly for Wales;
(c)
such one or more Northern Ireland Ministers as appear to the
Minister to be appropriate;
“the relevant time” means the time when the fact or event in question
30
occurred (or is alleged to have occurred);
“Scottish matter” means a matter that relates to Scotland and is not a
reserved matter within the meaning of the Scotland Act 1998 (c. 46);
“transferred Northern Ireland matter” means a matter that relates to
Northern Ireland and is a transferred matter within the meaning of the
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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);
“Welsh matter” means a matter in relation to which the National
Assembly for Wales has functions.
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Scottish inquiries
(1)
This section applies to an inquiry for which the Scottish Ministers are
responsible.
(2)
The terms of reference of the inquiry must not require it to determine any fact
or to make any recommendation that is not wholly or primarily concerned
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with a Scottish matter.