Amendments adopted at Third Reading

in the house of Lords

Amendments proposed by the government at Third Reading in the House of Lords are highlighted in red

Amendments proposed by Lord Kingsland (Cons) at Third Reading are highlighted in blue

Amendments proposed jointly by Lord Kingsland and Lord Goodhart (Lib Dem) are in green

Amendments proposed by Viscount Goschen are in maroon

Amendments proposed by Lord Ackner are in turquoise

Inquiries Bill [HL]

[AS AMENDED ON REPORT]

CONTENTS

Constitution of inquiry

1 Power to establish inquiry

2 No determination of liability

3 The inquiry panel

4 Appointment of inquiry panel

5 Setting-up date and terms of reference

6 Minister’s duty to inform Parliament or Assembly

7 Further appointments to inquiry panel

8 Suitability of inquiry panel

9 Requirement of impartiality

10 Appointment of judge as panel member

11 Assessors

12 Duration of appointment of members of inquiry panel

13 Power to suspend inquiry

14 End of inquiry

Conversion of inquiries

15 Power to convert other inquiry into inquiry under this Act

16 Inquiries converted under section 15

Inquiry proceedings

17 Evidence and procedure

18 Public access to inquiry proceedings and information

19 Restrictions on public access etc

20 Further provisions about restriction notices and orders

21 Powers of chairman to require production of evidence etc

22 Privileged information etc

23 Risk of damage to the economy

Inquiry reports

24 Submission of reports

25 Publication of reports

26 Laying of reports before Parliament or Assembly

Scotland, Wales and Northern Ireland

27 United Kingdom inquiries

28 Scottish inquiries

29 Welsh inquiries

30 Northern Ireland inquiries

31 The relevant part of the United Kingdom and the applicable rules

Inquiries for which more than one Minister responsible

32 Joint inquiries

33 Inquiries involving more than one administration

34 Change of responsibility for inquiry

Supplementary

35 Offences

36 Enforcement by High Court or Court of Session

37 Immunity from suit

38 Time limit for applying for judicial review

39 Payment of inquiry expenses by Minister

40 Expenses of witnesses etc

General

41 Rules

42 Notices etc

43 Interpretation

44 Transitory, transitional and saving provisions

45 Suspension of devolved government in Northern Ireland

Amendments etc

46 Inquiries under the Financial Services and Markets Act 2000

47 Inquiries etc under Northern Ireland legislation

48 Minor and consequential amendments

49 Repeals and revocations

Final provisions

50 Crown application

51 Commencement

52 Extent

53 Short title

Schedule 1 — Provisions applicable to inquiries etc under Northern Ireland

Legislation

Schedule 2 — Minor and consequential amendments

Part 1 — Acts of Parliament

Part 2 — Acts of the Scottish Parliament

Part 3 — Northern Ireland legislation

Schedule 3 — Repeals and revocations

B I L L

[AS AMENDED ON REPORT]

Make provision about the holding of inquiries.

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Constitution of inquiry

1 Power to establish inquiry

(1) A Minister may cause an inquiry to be held under this Act in relation to a case

where it appears to him that—

(a) particular events have caused, or are capable of causing, public

concern, or

(b) there is public concern that particular events may have occurred.

(2) In this Act “Minister” means—

(a) a United Kingdom Minister;

(b) the Scottish Ministers;

and references to a Minister also include references to the National Assembly

for Wales.

(3) References in this Act to an inquiry, except where the context requires

otherwise, are to an inquiry under this Act.

2 No determination of liability

(1) An inquiry panel is not to rule on, and has no power to determine, any person’s

civil or criminal liability.

(2) But an inquiry panel is not to be inhibited in the discharge of its functions by

any likelihood of liability being inferred from facts that it determines or

recommendations that it makes.

3 The inquiry panel

(1) An inquiry is to be undertaken either—

(a) by a chairman alone, or

(b) by a chairman with one or more other members.

(2) References in this Act to an inquiry panel are to the chairman and any other

member or members.

4 Appointment of inquiry panel

(1) Each member of an inquiry panel is to be appointed by the Minister by an

instrument in writing.

(2) The instrument appointing the chairman must state that the inquiry is to be

held under this Act.

(3) Before appointing a member to the inquiry panel (otherwise than as chairman)

the Minister must consult the person he has appointed, or proposes to appoint,

as chairman.

5 Setting-up date and terms of reference

(1) In the instrument under section 4 appointing the chairman, or by a notice given

to him within a reasonable time afterwards, the Minister must—

(a) specify the date that is to be the setting-up date for the purposes of this

Act; and

(b) before that date—

(i) set out the terms of reference of the inquiry;

(ii) state whether or not the Minister proposes to appoint other

members to the inquiry panel, and if so how many.

(2) An inquiry must not begin considering evidence before the setting-up date.

(3) The Minister may at any time after setting out the terms of reference under this

section amend them if he considers that the public interest so requires.

(4) Before setting out or amending the terms of reference the Minister must consult

the person he proposes to appoint, or has appointed, as chairman.

(5) Functions conferred by this Act on an inquiry panel, or a member of an inquiry

panel, are exercisable only within the inquiry’s terms of reference.

(6) In this Act “terms of reference”, in relation to an inquiry under this Act,

means—

(a) the matters to which the inquiry relates;

(b) any particular matters as to which the inquiry panel is to determine the

facts;

(d) any other matters relating to the scope of the inquiry that the Minister

may specify.

6 Minister’s duty to inform Parliament or Assembly

(1) A Minister who proposes to cause an inquiry to be held, or who has already

done so without making a statement under this section, must as soon as is

reasonably practicable make a statement to that effect to the relevant

Parliament or Assembly.

(2) A statement under subsection (1) must state—

(a) who is to be, or has been, appointed as chairman of the inquiry;

(b) whether the Minister has appointed, or proposes to appoint, any other

members to the inquiry panel, and if so how many;

(3) Where the terms of reference of an inquiry are amended under section 5(3), the

Minister must, as soon as is reasonably practicable, make a statement to the

relevant Parliament or Assembly setting out the amended terms of reference.

(4) A statement under this section may be oral or written.

INQUIRIES WHERE MINISTERIAL MISCONDUCT IN ISSUE
(1) This section applies where—
(a) a Minister proposes to cause an inquiry to be held, and
(b) it appears from the proposed terms of reference that the events in question relate wholly or primarily to alleged ministerial misconduct.
(2) The Minster may, if he sees fit, move a motion before the relevant Parliament or Assembly for a resolution approving—
(a) his proposal to cause the inquiry to be held, and
(b) his proposals as to the inquiry's terms of reference and the identity of the chairman;
but an inquiry is not invalidated by the absence of such a resolution.
(3) Section 6(1) does not apply in any case in which the Minister has moved a motion in pursuance of this section.
(4) In this section "ministerial misconduct" means misconduct by—
(a) the holder of a Ministerial office specified in Schedule 1 to the Ministerial and other Salaries Act 1975 (c. 27),
(b) a member of the Scottish Executive,
(c) the Assembly First Secretary elected by the National Assembly for Wales, or any Assembly Secretary appointed by him, or
(d) the First Minister, deputy First Minister or any other Northern Ireland Minister.

[passed by 137 votes to 130]

7 Further appointments to inquiry panel

(1) The Minister may at any time (whether before the setting-up date or during the

course of the inquiry) appoint a member to the inquiry panel—

(a) to fill a vacancy that has arisen in the panel (including a vacancy in the

position of chairman), or

(b) to increase the number of members of the panel.

(2) The power to appoint a member under subsection (1)(b) is exercisable only—

(a) in accordance with a proposal under section 5(1)(b)(ii), or

(b) with the consent of the chairman.

(3) The power to appoint a replacement chairman may be exercised by appointing

a person who is already a member of the inquiry panel.

8 Suitability of inquiry panel

(1) In appointing a member of the inquiry panel, the Minister must have regard—

(a) to the need to ensure that the inquiry panel (considered as a whole) has

the necessary expertise to undertake the inquiry;

(b) in the case of an inquiry panel consisting of a chairman and one or more

other members, to the need for balance (considered against the

background of the terms of reference) in the composition of the panel.

(2) For the purposes of subsection (1)(a) the Minister may have regard to the

assistance that may be provided to the inquiry panel by any assessor whom the

Minister proposes to appoint, or has appointed, under section 11.

9 Requirement of impartiality

(1) The Minister must not appoint a person as a member of the inquiry panel if it

appears to the Minister that the person has—

(a) a direct interest in the matters to which the inquiry relates, or

(b) a close association with an interested party,

unless, despite the person’s interest or association, his appointment could not

reasonably be regarded as affecting the impartiality of the inquiry panel.

(2) Before a person is appointed as a member of an inquiry panel he must notify

the Minister of any matters that, having regard to subsection (1), could affect

his eligibility for appointment.

(3) If at any time (whether before the setting-up date or during the course of the

inquiry) a member of the inquiry panel becomes aware that he has an interest

or association falling within paragraph (a) or (b) of subsection (1), he must

notify the Minister.

(4) A member of the inquiry panel must not, during the course of the inquiry,

undertake any activity that could reasonably be regarded as affecting his

suitability to serve as such.

10 Appointment of judge as panel member

(1) If the Minister proposes to appoint as a member of an inquiry panel a particular

person who is a judge of a description specified in the first column of the

following table, he must ~~first consult~~ obtain the consent to that appointment of the person specified in the second column. [amendment agreed by 149 votes to 131]

Description of judge Person ~~to be consulted~~ whose consent must be obtained [agreed]

Lord of Appeal in Ordinary The senior Lord of Appeal in Ordinary

Judge of the Supreme Court of

England and Wales, or Circuit judge The Lord Chief Justice of England and Wales

Judge of the Court of Session,

sheriff principal or sheriff The Lord President of the Court of Session

Judge of the Supreme Court of

Northern Ireland, or county

court judge in Northern Ireland The Lord Chief Justice of Northern Ireland

(2) In this section “sheriff principal” and “sheriff” have the same meaning as in the

Sheriff Courts (Scotland) Act 1971 (c. 58).

11 Assessors

(1) One or more persons may be appointed to act as assessors to assist the inquiry

panel.

(2) The power to appoint assessors is exercisable—

(a) before the setting-up date, by the Minister;

(b) during the course of the inquiry, by the chairman (whether or not the

Minister has appointed assessors).

(3) Before exercising his powers under subsection (2)(a) the Minister must consult

the person he proposes to appoint, or has appointed, as chairman.

(4) A person may be appointed as an assessor only if it appears to the Minister or

the chairman (as the case requires) that he has expertise that makes him a

suitable person to provide assistance to the inquiry panel.

(5) The chairman may at any time terminate the appointment of an assessor, but

only with the consent of the Minister in the case of an assessor appointed by

the Minister.

12 Duration of appointment of members of inquiry panel

(1) Subject to the following provisions of this section, a member of an inquiry

panel remains a member until the inquiry comes to an end (or until his death

if he dies before then).

(2) A member of an inquiry panel may at any time resign his appointment by

notice to the Minister.

(3) The Minister may at any time by notice terminate the appointment of a

member of an inquiry panel—

(a) on the ground that, by reason of physical or mental illness or for any

other reason, the member is unable to carry out the duties of a member

of the inquiry panel;

(b) on the ground that the member has failed to comply with any duty

imposed on him by this Act;

(i) a direct interest in the matters to which the inquiry relates, or

(ii) a close association with an interested party,

such that his membership of the inquiry panel could reasonably be

regarded as affecting its impartiality;

(d) on the ground that the member has, since his appointment, been guilty

of any misconduct that makes him unsuited to membership of the

inquiry panel.

(4) In determining whether subsection (3)(a) applies in a case where the inability

to carry out the duties is likely to be temporary, the Minister may have regard

to the likely duration of the inquiry.

(5) The Minister may not terminate a member’s appointment under subsection

(3)(c) if the Minister was aware of the interest or association in question when

appointing him.

(6) Before exercising his powers under subsection (3) in relation to a member other

than the chairman, the Minister must ~~consult~~ secure the agreement of the chairman. [amendment withdrawn]

(7) Before exercising his powers under subsection (3) in relation to any member of

the inquiry panel, the Minister must—

(a) inform the member of the proposed decision and of the reasons for it,

and take into account any representations made by the member in

response, and

(b) if the member so requests, consult the other members of the inquiry

panel (to the extent that no obligation to consult them arises under

subsection (6)).

13 Power to suspend inquiry

(1) The Minister may at any time, by notice to the chairman, suspend an inquiry

for such period as appears to him to be necessary to allow for—

(a) the completion of any other investigation relating to any of the matters

to which the inquiry relates, or

(b) the determination of any civil or criminal proceedings (including

proceedings before a disciplinary tribunal) arising out of any of those

matters.

(2) The power conferred by subsection (1) may be exercised whether or not the

investigation or proceedings have begun.

(3) Before exercising that power the Minister must consult the chairman.

(4) A notice under subsection (1) may suspend the inquiry until a specified day,

until the happening of a specified event or until the giving by the Minister of a

further notice to the chairman.

(5) Where the Minister gives a notice under subsection (1) he must—

(a) set out in the notice his reasons for suspending the inquiry;

(b) lay a copy of the notice, as soon as is reasonably practicable, before the

relevant Parliament or Assembly.

(6) A member of an inquiry panel may not exercise the powers conferred by this

Act during any period of suspension; but the duties imposed on a member of

an inquiry panel by section 9(3) and (4) continue during any such period.

(7) In this section “period of suspension” means the period beginning with the

receipt by the chairman of the notice under subsection (1) and ending with

whichever of the following is applicable—

(a) the day referred to in subsection (4);

(b) the happening of the event referred to in that subsection;

14 End of inquiry

(1) For the purposes of this Act an inquiry comes to an end—

(a) on the date, after the delivery of the report of the inquiry, on which the

chairman notifies the Minister that the inquiry has fulfilled its terms of

reference, or

(b) on any earlier date specified in a notice given to the chairman by the

Minister.

(2) The date specified in a notice under subsection (1)(b) may not be earlier than

the date on which the notice is sent.

(3) Before exercising his power under subsection (1)(b) the Minister must ~~consult~~ secure the agreement of the chairman. [amendment withdrawn]

(4) Where the Minister gives a notice under subsection (1)(b) he must—

(a) set out in the notice his reasons for bringing the inquiry to an end;

(b) lay a copy of the notice, as soon as is reasonably practicable, before the

relevant Parliament or Assembly.

Conversion of inquiries

15 Power to convert other inquiry into inquiry under this Act

(1) Where—

(a) an inquiry (“the original inquiry”) is being held, or is due to be held, by

one or more persons appointed otherwise than under this Act,

(b) a Minister gives a notice under this section to those persons, and

the original inquiry becomes an inquiry under this Act as from the date of the

notice or such later date as may be specified in the notice (the “date of

conversion”).

(2) The power conferred by this section is exercisable only if the original inquiry

relates to a case where it appears to the Minister that—

(a) particular events have caused, or are capable of causing, public

concern, or

(b) there is public concern that particular events may have occurred.

(3) Before exercising that power the Minister must consult the chairman.

(4) A notice under this section must—

(a) state that, as from the date of conversion, the inquiry is to be held under

this Act;

(b) in the case of an inquiry panel consisting of more than one member,

identify who is to be chairman of the panel;

(5) The terms of reference set out under subsection (4) may be different from those

of the original inquiry.

(6) The Minister may at any time after setting out the terms of reference under this

section amend them if he considers that the public interest so requires.

(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—

(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).

16 Inquiries converted under section 15

(1) This section applies where an inquiry (the “original inquiry”) is converted

under section 15 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”),

(b) an assessor, counsel or solicitor to the inquiry, or

continues as if made under this Act, and for the purposes of section 12(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

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

17 Evidence and procedure

(1) Subject to any provision of this Act or of rules under section 41, 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

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 ~~have regard~~ to the need to avoid any unnecessary cost (whether to public funds or to witnesses or others). [amendment agreed] and must within one month of the setting up date publish an estimate of the likely cost of the inquiry. [amendment withdrawn]

18 Public access to inquiry proceedings and information

(1) Subject to any restrictions imposed by a notice or order under section 19, 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;

(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

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 19 from seeing or hearing.

(3) Section 32(2) of the Freedom of Information Act 2000 (c. 36) (certain inquiry

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 41(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

apply in relation to information contained in documents that, in pursuance of

rules under section 41(1)(b) below, have been passed to and are held by a

Scottish public authority.

19 Restrictions on public access etc

(1) Restrictions may, in accordance with this section, be imposed on—

(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 Minister to the chairman ~~at any time before the end of the inquiry~~ in the instrument appointing the Chairman; [amendment defeated on vote]

(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 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—

(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;

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

(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;

of the United Kingdom;

(d) damage caused by disclosure of commercially sensitive information.

20 Further provisions about restriction notices and orders

(1) Restrictions specified in a restriction notice have effect in addition to any

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.

(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 19 on disclosure or publication of evidence

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),

(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.

(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.

(8) In this section “restriction notice” and “restriction order” have the meaning

given by section 19(2).

21 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—

(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;

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

statement;

(b) to provide any documents in his custody or under his control that relate

to a matter in question at the inquiry;

inspection, examination or testing by or on behalf of the inquiry panel.

(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—

(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.

(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

possession or if he has a right to possession of it.

22 Privileged information etc

(1) A person may not under section 21 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

civil proceedings in a court in the relevant part of the United Kingdom,

(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

inquiry as they apply in relation to civil proceedings in a court in the relevant

part of the United Kingdom.

23 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

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

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 19 or any restriction order that the

chairman has made or proposes to make under that section.

(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.

(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 22(2).

Inquiry reports

24 Submission of reports

(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

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 14(1)(b), the

duty imposed by subsection (1) to deliver a report is to be read as a power to

do so.

(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

reasonably reflect the points of disagreement.

(6) In subsections (4) and (5) “report” includes an interim report.

25 Publication of reports

(1) It is the duty of the ~~Minister, or the chairman if subsection (2) applies~~ chairman, to

arrange for reports of an inquiry to be published. [amendment withdrawn]

(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.

(3) Subject to subsection (4), a report of an inquiry must be published in full.

(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

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

withholding any material;

information that he has given to the inquiry.

(6) In subsection (5)(b) “harm or damage” includes in particular—

(a) death or injury;

(b) damage to national security or international relations;

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

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.

26 Laying of reports before Parliament or Assembly

Whatever is required to be published under section 25 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

27 United Kingdom inquiries

(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

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;

with a Scottish matter, a Welsh matter or a transferred Northern Ireland

matter.

(3) Unless the Minister gives written permission to the chairman, the powers

conferred by section 21 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

(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.

(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

circumstances in which subsection (6) of section 30 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

(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—

(a) the Scottish Ministers;

(b) the National Assembly for Wales;

Minister