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Amendments proposed by the government at Third Reading in the House of Lords are highlighted in red
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
A
B I L L
[AS AMENDED ON REPORT]
TO
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;
(c) a Northern Ireland Minister;
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;
(c) whether the inquiry panel is to make recommendations;
(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;
(c) what are to be, or are, the inquiry’s terms of reference.
(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.
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 the person specified in the second
column.
Description of judge Person to be consulted
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;
(c) on the ground that the member has—
(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 the chairman.
(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;
(c) the receipt by the chairman of the further notice under 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
the chairman.
(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
(c) the person who caused the original inquiry to be held consents,
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;
(c) set out what are to be the terms of reference of the inquiry.
(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
(c) a person engaged to provide assistance to the inquiry,
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).
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;
(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;
(c) any conditions as to confidentiality subject to which a person acquired
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;
(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.
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;
(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
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.
(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,
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
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, to
arrange for reports of an inquiry to be published.
(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;
(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;
(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
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;
(c) to make any recommendation that is wholly or primarily concerned
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
