Annex 2
INQUIRIES BILL [HL]—DRAFT NEW CLAUSES
& AMENDMENTS
Clause 1
Page 1, line 7, at end insert—
"(1A) But subsection (1) shall not apply where
the events referred to involve the conduct of any Minister of
the Crown".
After Clause 1
Insert the following new Clause—
"Inquiry involving conduct of Minister of
the Crown
(1) Where—
(a) particular events have caused, or are capable
of causing, public concern, or
(b) there is public concern that particular events
may have occurred, and
(c) the events that have occurred or may have
occurred involve the conduct of any Minister of the Crown,
Her Majesty may, by Order in Council, cause an inquiry
to be held under this Act.
(2) An Order under this section shall include—
(a) the terms of the instrument appointing the
chairman of the inquiry;
(b) the date that is to be the setting-up date
for the purposes of this Act;
(c) the terms of reference of the inquiry; andthe
names of any other members of the inquiry panel.
(3) An Order under this section may provide that
the inquiry shall have all such powers, rights and privileges
as are vested in the High Court of England and Wales or of Northern
Ireland or, in Scotland, in the Court of Session, or in a judge
of such court in respect of—
(a) enforcing the attendance of witnesses and
examining them on oath, affirmation or otherwise;
(b) compelling the production of documents; and
(c) subject to the rules of court, issuing commissions
or requests to examine witnesses abroad.
(4) An Order in Council made under this section may
be revoked, amended or varied by a subsequent Order.
(5) Before any Order in Council is made under this
section, a draft of it shall be laid before each House of Parliament.
(6) An Order under this section shall not have effect
unless both Houses of Parliament by resolution approve the draft
or, if any modifications to it are agreed to by both Houses,
shall not have effect except as so modified.
(7) Sections 7, 8 and 9 of this Act shall not apply
to inquiries established under this section.
Insert a new Clause as a consequential amendment
concerning an Inquiry involving the conduct of Scottish Ministers,
Assembly Secretaries of the National Assembly for Wales or Northern
Ireland Minister.
Clause 40
Page 21, line 17, after "inquiry" insert
"not being an inquiry pursuant to section (inquiry involving
conduct of Minister of the Crown)".
Page 21, line 18, at end insert—
"(4A) References in this Act to "the
Minister", in relation to an inquiry pursuant to section
(inquiry involving conduct of Minister of the Crown), are
to be read as references to Her Majesty in Council".
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