A tribunal of inquiry is an official
review
A review is an evaluation of a publication, product, service, or company or a critical take on current affairs in literature, politics or culture. In addition to a critical evaluation, the review's author may assign the work a rating to indi ...
of events or actions ordered by a government body. In many
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
countries, such as the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
,
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
,
Australia and
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, such a public inquiry differs from a
royal commission in that a public inquiry accepts evidence and conducts its hearings in a more public forum and focuses on a more specific occurrence. Interested members of the public and organisations may make (written) evidential submissions, as is the case with most inquiries, and also listen to oral evidence given by other parties.
Typical events for a public inquiry are those that cause multiple deaths, such as public transport crashes or
mass murders
Mass murder is the act of murdering a number of people, typically simultaneously or over a relatively short period of time and in close geographic proximity. The United States Congress defines mass killings as the killings of three or more pe ...
. In addition, in the
UK, the
Planning Inspectorate, an agency of the Department for
Communities and Local Government
The Department for Levelling Up, Housing and Communities (DLUHC), formerly the Ministry for Housing, Communities and Local Government (MHCLG), is a department of His Majesty's Government responsible for housing, communities, local government i ...
, routinely holds public inquiries into a range of major and lesser land use developments, including highways and other transport proposals.
Advocacy groups and
opposition
Opposition may refer to:
Arts and media
* ''Opposition'' (Altars EP), 2011 EP by Christian metalcore band Altars
* The Opposition (band), a London post-punk band
* '' The Opposition with Jordan Klepper'', a late-night television series on Com ...
political parties are likely to ask for public inquiries for all manner of issues. The government of the day typically only accedes to a fraction of these requests. The political decision whether to appoint a public inquiry into an event was found to be dependent on several factors. The first is the extent of media coverage of the event; those that receive more media interest are more likely to be inquired. Second, since the appointment of a public inquiry is typically made by government ministers, events that involve allegations of blame on the part of the relevant minister are less likely to be investigated by a public inquiry. Third, a public inquiry generally takes longer to report and costs more on account of its public nature. Thus, when a government refuses a public inquiry on some topic, it is usually on at least one of these grounds.
The conclusions of the inquiry are delivered in the form of a written report, given first to the government, and soon after published to the public. The report will generally make recommendations to improve the quality of government or management of public organisations in the future. Recent studies have shown that the reports of public inquiries are not effective in changing public opinion regarding the event in question. Despite claims that appointing a public inquiry leads to a decline in media attention to the inquired issue, empirical studies do not find support for this claim.
Public inquiry reports appear to enjoy public trust only when they are critical of the government, and tend to lose credibility when they find no fault on the part of the government.
France
In France, any major project which requires the compulsory acquisition of private property must, before being approved, be the subject of a public inquiry (usually by the
prefect
Prefect (from the Latin ''praefectus'', substantive adjectival form of ''praeficere'': "put in front", meaning in charge) is a magisterial title of varying definition, but essentially refers to the leader of an administrative area.
A prefect's ...
of the
region
In geography, regions, otherwise referred to as zones, lands or territories, are areas that are broadly divided by physical characteristics ( physical geography), human impact characteristics ( human geography), and the interaction of humanity an ...
or
department in which the project will take place); the favourable outcome of such an inquiry is a ''
déclaration d'utilité publique A ''déclaration d'utilité publique'', or declaration of public utility, is a formal recognition in French law that a proposed project has public benefits. The declaration must be obtained for many large construction projects in France, especially ...
'', a formal finding that the project will produce public benefit. This procedure was established by the law on expropriation enacted on 7 July 1833, which extended an earlier law enacted in 1810.
Republic of Ireland
South Africa
A number of historically important public inquiries have taken place in South Africa since the advent of
full democracy in 1994. A number of which have looked into national scale events such as systematic human rights abuses during
apartheid
Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...
or wide scale
corruption.
United Kingdom
Hong Kong
In Hong Kong, the Commissions of Inquiry Ordinance was enacted for establishing such a commission. The commission established after the
2012 Lamma Island ferry collision
On 1 October 2012, at approximately 20:23 HKT, the passenger ferries ''Sea Smooth'' and ''Lamma IV'' collided off Yung Shue Wan, Lamma Island, Hong Kong. This occurred on the National Day of the People's Republic of China, and one of the ship ...
produced a report of its findings which they made public; an internal report was kept confidential.
In the
2019–20 Hong Kong protests, one of the five key demands of the protesters, was establishing another commission for the protests itself.
See also
*
Inquest, a similar investigation with lesser scope
*
Royal Commission
*
Tribunal
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title.
For example, an advocate who appears before a court with a single ...
*
Inquiries Act 2005
The Inquiries Act 2005 (c 12) is an Act of the Parliament of the United Kingdom. According to the explanatory notes, published by the Department for Constitutional Affairs, the Act "is intended to provide a comprehensive statutory framework for ...
(UK statute which provides for the holding of inquiries)
References
External links
National Archives full list of those UK public inquiries with websites
{{DEFAULTSORT:Public Inquiry