The Inquiries Act 2005 (c 12) is an
Act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
. According to the explanatory notes, published by the
Department for Constitutional Affairs
The Department for Constitutional Affairs (DCA) was a United Kingdom government department. Its creation was announced on 12 June 2003; it took over the functions of the Lord Chancellor's Department. On 28 March 2007 it was announced that the Dep ...
, the Act "is intended to provide a comprehensive statutory framework for inquiries set up by Ministers to look into matters of public concern". The act repealed the entirety of the
Tribunals of Inquiry (Evidence) Act 1921
The Tribunals of Inquiry (Evidence) Act 1921 was an Acts of Parliament in the United Kingdom, Act of Parliament in the United Kingdom, now repealed, which set out the powers and functions of certain Tribunals of Inquiry along with the procedure ...
, a much shorter bill that also empowered Ministers to set up so-called statutory inquiries. The act was motivated in part by the spiraling costs of the
Bloody Sunday Inquiry and a desire to control the length and cost of future inquiries. The act has been criticised by a number of groups and individuals, generally concerned with the power Ministers have over the remit of the inquiry and the publication of its final report.
Criticisms
The
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
's Joint Committee on
Human Rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
has voiced concerns about certain aspects of the Act, as have the
Law Society of England and Wales
The Law Society of England and Wales (officially The Law Society) is the professional association that represents solicitors for the jurisdiction of England and Wales. It provides services and support to practising and training solicitors, as ...
.
Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
has asked members of the British judiciary not to serve on any inquiry held under the Act, as they contend that "any inquiry would be controlled by the executive which is empowered to block public scrutiny of state actions."
The family of
Pat Finucane
Patrick Finucane (; 21 March 1949 – 12 February 1989) was an Irish lawyer who specialised in criminal defence work. Finucane came to prominence due to his successful challenge of the British government in several important human rights cases ...
, a solicitor killed by
loyalist
Loyalism, in the United Kingdom, its overseas territories and its former colonies, refers to the allegiance to the British crown or the United Kingdom. In North America, the most common usage of the term refers to loyalty to the British Cro ...
paramilitaries in
Belfast
Belfast ( , ; from ga, Béal Feirste , meaning 'mouth of the sand-bank ford') is the capital and largest city of Northern Ireland, standing on the banks of the River Lagan on the east coast. It is the 12th-largest city in the United Kingdo ...
in suspicious circumstances, have announced they will not be co-operating with a forthcoming inquiry into the events surrounding his death if it is held under the terms of the Act.
The
Canadian
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of ...
Judge
Peter Cory
Peter deCarteret Cory, (October 25, 1925 – April 7, 2020) was a puisne judge of the Supreme Court of Canada, from 1989 to 1999.
Early life and education
Born in Windsor, Ontario, the son of Andrew and Mildred (Beresford Howe) Cory, he was educ ...
, who was commissioned by the
British
British may refer to:
Peoples, culture, and language
* British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies.
** Britishness, the British identity and common culture
* British English, ...
and
Irish
Irish may refer to:
Common meanings
* Someone or something of, from, or related to:
** Ireland, an island situated off the north-western coast of continental Europe
***Éire, Irish language name for the isle
** Northern Ireland, a constituent unit ...
governments to investigate the possibility of state collusion in six high-profile murders, is also a critic. He recommended public inquiries into four of the killings, but has strongly condemned the legislation that quickly followed. In a letter read at a hearing of the
United States House Foreign Affairs Subcommittee on Africa, Global Human Rights and International Operations Subcommittee while the legislation was pending, Cory stated:
The chairman of the hearing, Representative
Chris Smith, declared that ''"the bill pending before the
British Parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy ...
should be named the 'Public Inquiries Cover-up Bill.'"''
Indeed, the Act repealed the entirety of the
Tribunals of Inquiry (Evidence) Act 1921
The Tribunals of Inquiry (Evidence) Act 1921 was an Acts of Parliament in the United Kingdom, Act of Parliament in the United Kingdom, now repealed, which set out the powers and functions of certain Tribunals of Inquiry along with the procedure ...
which had allowed Parliament to vote on a resolution establishing a tribunal that had "all such powers, rights, and privileges as are vested in the High Court" and placed the power solely under the control of a Minister.
Notable Inquiries
As of November 2021 there have been 29 inquiries established under the act with a further two announced. Of these, 17 have completed costing a total of £158m.
Active Inquiries
Some of the highest profile, open inquiries authorised under the act include:
*
Grenfell Tower Inquiry
The Grenfell Tower Inquiry is a British public inquiry into the Grenfell Tower fire, which killed 72 people and destroyed Grenfell Tower on 14 June 2017. It was ordered by Prime Minister Theresa May on the day following the fire.
May announced ...
Manchester Arena Inquiryinto the
Manchester Arena bombing
On 22 May 2017, an Islamist extremist suicide bomber detonated a shrapnel-laden homemade bomb as people were leaving the Manchester Arena following a concert by American pop singer Ariana Grande.
Twenty-three people were killed, including ...
Post Office Horizon IT inquiryinto the
British Post Office scandal
The British Post Office scandal is a miscarriage of justice involving the wrongful civil and criminal prosecutions of an unknown or unpublished number of sub-postmasters (SPMs) for theft, false accounting and/or fraud. The cases constitute the ...
- converted from an existing, non-statutory inquiry in September 2020
*
Independent Inquiry into Child Sexual Abuse
The Independent Inquiry into Child Sexual Abuse (IICSA) in England and Wales was an inquiry examining how the country's institutions handled their duty of care to protect children from sexual abuse. It was announced by the British Home Secretary ...
- converted from an existing, non-statutory inquiry in July 2015
Infected Blood Inquiryinto the
Contaminated blood scandal in the United Kingdom
In the 1970s and 1980s, a large number of people – most of whom had haemophilia – were infected with hepatitis C and HIV, the virus that leads to acquired immune deficiency syndrome (AIDS), as a result of receiving contaminated clotting f ...
*
UK Covid-19 Inquiry into the UK’s response to and impact of the Covid-19 pandemic
Former Inquires
* Inquiry into failures at
Mid Staffordshire NHS Foundation Trust
The Mid Staffordshire NHS Foundation Trust was a NHS foundation trust which managed two hospitals in Staffordshire, England:
* Stafford Hospital - acute hospital with approximately 350 inpatient beds, opened in 1983, Now renamed County Hospita ...
* The Litvinenko Inquiry into the
Poisoning of Alexander Litvinenko
A poison can be any substance that is harmful to the body. It can be swallowed, inhaled, injected or absorbed through the skin. Poisoning is the harmful effect that occurs when too much of that substance has been taken. Poisoning is not to ...
*
Leveson Inquiry
The Leveson Inquiry was a judicial public inquiry into the culture, practices and ethics of the British press following the News International phone hacking scandal, chaired by Lord Justice Leveson, who was appointed in July 2011. A series of ...
into the
News International phone hacking scandal
The News International phone hacking scandal was a controversy involving the now-defunct ''News of the World'' and other British newspapers owned by Rupert Murdoch. Employees of the newspaper were accused of engaging in phone hacking, police b ...
Repeals and revokes
The Inquiries Act 2005 repealed or revoked all or part of the following acts of parliament or sections of acts:
See also
*
Public inquiry
A tribunal of inquiry is an official review of events or actions ordered by a government body. In many common law countries, such as the United Kingdom, Republic of Ireland, Ireland, Australia and Canada, such a public inquiry differs from a royal ...
(public inquiries in different countries)
References
*
Halsbury's Statutes
''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Measur ...
,
External links
The Inquiries Act 2005 as amended from the
National Archives.
The Inquiries Act 2005 as originally enacted from the
National Archives.
Explanatory notesto the Inquiries Act 2005.
Snapshot dated 17 January 2009. From the National Archives.
{{UK legislation
United Kingdom Acts of Parliament 2005