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INQUIRIES BILL: GRAND COMMITTEE, HOUSE OF LORDS
AMENDMENTS
This document has been prepared by British Irish rights watch. Since the House of Lords met in Grand Committee, a procedure which is usually adopted when the underlying issues of a Bill are considered to be uncontentious(!), none of these amendments was put to the vote. It remains to be seen whether the government will adopt any of the amendments, and/or whether any of the Lords will continue to pursue their amendments at Report. While every effort has been made to ensure that this document is accurate, please revert to the original sources rather than relying on it.
Amendments proposed by Lord Kingsland are in pink
Amendments proposed by Lord Goodhart are in green
Amendments proposed by Lord Howe are in blue
Amendments proposed by Lord Smith of Clifton are in orange
Amendments proposed by Lord Glentoran are in red
New clauses proposed by more than one member of the House of Lords are in lavender
INQUIRIES BILL
1 Power to establish inquiry
(1) Subject to subsection (1A), 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.
Insert –
“(1A) Where the issue of public concern is the alleged misconduct of a Government department or a Minister, an inquiry may be established under the powers of section 1 of the Tribunals of Inquiry (Evidence) Act 1921 (c.7) (establishment of inquiry following resolution of both Houses of Parliament).”
Lord Kingsland gave notice of his intention to oppose the Question that Clause 1 stand part of the Bill.
Lord Kingsland, Lord Goodhart, and Lord Smith of Clifton introduced the following new clause:
“Tribunals of Inquiry (Evidence) Act 1921: continuation
The Tribunals of Inquiry (Evidence) Act 1921 (c.7) shall continue to have effect.”
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.
(a) by a chairman with one or more other members, or
(b) by a chairman alone.
( ) In deciding whether or not an inquiry can acceptably be conducted by a chairman alone, the Minister must have regard to the considerations specified in section 7.
( ) For the purposes of subsection (1), there shall be a presumption in favour of having a chairman with two or more other members.
( ) In any case where a chairman alone is appointed, special attention must be paid to the need for the appointment of one or more assessors, as specified in section 10.
Lord Kingsland also supported these amendments.
(2) References in this Act to an inquiry panel are to the chairman and any other member or members.
At end, insert -
( ) An inquiry panel is a public authority for the purposes of the Freedom of information Act 2000 (c. 36).
Lord Smith of Clifton supported this amendment.
4 Appointment of inquiry panel
(1) Each member of an inquiry panel is to be appointed, after consultation with the chairman, 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.
At end, insert -
"( ) Before making an appointment under this section the Minister shall consult such bodies or persons as he considers appropriate.”
Lord Smith of Clifton supported this amendment.
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.
At end, insert -
( ) Before establishing the terms of reference the Minister shall consult –
(a) the chairman; and
(b) such bodies or persons as he considers appropriate.
( ) The Minister shall lay the terms of reference before each House of Parliament.
( ) The Minister may, with the agreement of the inquiry panel, modify the terms of reference at any stage during the inquiry.
Lord Smith of Clifton supported these amendments.
At end, insert -
( ) Before setting out the terms of reference under subsection (1)(b)(i), the Minister must consult with, and have the consent of, the chairman of the inquiry.
( ) The Minister may, at any time during the proceedings of the inquiry (including at the request of the chairman), amend the terms of reference if new evidence emerges which makes it necessary in the public interest, but may only do so after consultation with, and the agreement of, the chairman.
(2) An inquiry must not begin considering evidence before the setting-up date.
(3) 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.
(4) 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.
After Clause 5, insert the following new Clause –
“Parliamentary approval
After the Minister has set out the form and terms of reference of the inquiry, he must publish these in a statement to be laid before and approved by both Houses of Parliament.”
6 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) , and after consultation with the chairman, 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.
7 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 10.
8 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 in
the Minister.s opinion the person.s interest or association would be
unlikely to
influence his decisions as a member of the 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.
9 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 of
(Lord Smith of
Clifton
supported this amendment)
secure the
agreement of 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
(2) In this section “sheriff principal” and “sheriff” have the same meaning as in the Sheriff Courts (Scotland) Act 1971 (c. 58).
10 Assessors
(1) One or more persons may be appointed to act as assessors to assist the inquiry panel after consultation with the chairman.
(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) 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.
(4) In deciding
whether to exercise his power under subsection (2)(b) the chairman
must consider
whether it is in the public interest to appoint an assessor, having
regard in
particular to the cost.
(4) In deciding whether or not it is in the public interest to appoint an assessor, the chairman must have regard to the need –
(a) to ensure that the panel has available to it the necessary expertise to undertake the inquiry;
(b) to avoid incurring unreasonable cost.
Lord Kingsland also supported this amendment.
Lord Goodhart and Lord Howe both wanted to strike out “having regard in particular to the cost”.
(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.
11 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, and in the Minister’s opinion the member’s interest or association is
likely to influence his decisions as a member of the inquiry panel;
(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.
(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)).
12 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.
(1A) The Minister shall lay a notice under subsection (1) before both Houses of Parliament, together with a statement of reason for the suspension of an inquiry.
(1B) The suspension of an inquiry under subsection (1) shall be for no longer than six months.
(1C) The Minister may by order renew the provisions under subsection (1) for such a period or periods as appears to him to be necessary, but for no longer than six months at a time.
Lord Smith of Clifton supported this amendment
( ) In exercising the power under subsection (1), the Minister must –
(a) seek the consent of the chairman to suspend the inquiry, and
(b) set out the reasons for suspending the inquiry in a statement published in both Houses of Parliament.
(2) The power conferred by subsection (1) may be exercised whether or not the investigation or proceedings have begun.
(3) 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.
(4) 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 8(3) and (4) continue during any such period.
(5) 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 (3);
(b) the happening of the event referred to in that subsection;
(c) the receipt by the chairman of the further notice under that subsection.
13 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 after consulting with, and securing the agreement of, the chairman
(2) The date specified in a notice under subsection (1)(b) may not be earlier than the date on which the notice is sent.
At end, insert –
( ) The Minister shall lay the terms of the notice before each House of Parliament, together with a statement of reason for terminating the inquiry.
Lord Smith of Clifton supported this amendment
Conversion of inquiries
14 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) 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.
(4) The terms of reference set out under subsection (3) may be different from those of the original inquiry.
Lord Kingsland gave notice of his intention to oppose the Question that Clause 14 stand part of the Bill.
15 Inquiries converted under section 14
(1) This section applies where an inquiry (the .original inquiry.) is converted under section 14 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.
(3) But the Minister may, in a notice given no later than the date of conversion, terminate the appointment of an original member on any ground mentioned in section 11(3).
(4) Subsections (4) to (7) of section 11 apply for the purposes of subsection (3) above as they apply for the purposes of subsection (3) of that section.
(5) After the date of conversion, the Minister may not terminate the appointment of an original member on any ground of which he was aware at that date and on which he could have terminated the appointment by virtue of subsection (3).
(6) 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.
(7) No rights or obligations arise under or by virtue of this Act before the date of conversion.
Lord Kingsland gave notice of his intention to oppose the Question that Clause 15 stand part of the Bill.
Inquiry proceedings
16 Evidence and procedure
(1) Subject to any provision of this Act or of rules under section 38, 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 have regard to
(a)
(Lord
Kingsland
supported this amendment)
the need to avoid any unnecessary
excessive
(Lord Smith of
Clifton
supported this amendment)
cost (whether to public
funds or to witnesses or others).
(b) The fact that any person or organisation who may have cause to apprehend the possibility of criticism in the course of, or as a result of, the proceedings may reasonably wish to be legally represented at the inquiry."
Lord Kingsland supported this amendment.
17 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.
( ) A restriction notice or restriction order does not deprive any person of a right under section 1 of the Freedom of Information Act 2000 (c. 36) (general right of access to information held by public authorities) to have any information contained in any evidence or documents given, produced or provided to the inquiry communicated to him.
Lord Smith of Clifton supported this amendment.
(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
cause public concern;
(b) any risk of harm or
damage that could be avoided or reduced
caused 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.
( ) In proceeding under this section, the chairman must start from the presumption that public access should not be restricted.
(6) Subject to any
restrictions imposed by a restriction notice or
restriction order, 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.
(7) 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 restriction notice from seeing or hearing.
18 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 17 on disclosure or publication of evidence or documents 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) In so far as the restrictions apply in relation to information.
(a) given to or created by an inquiry, and
(b) kept (in any form) after the end of the inquiry by or on behalf of a Minister, they cease to have effect at the end of the period of thirty years following the date on which the inquiry came to an end.
(7) After the end of an inquiry the Minister may, by a notice published in a way that he considers suitable, vary or revoke a restriction notice or restriction order containing restrictions on disclosure or publication that are still in force.
( ) No variation of a restriction notice or restriction order under subsection (7) may extend the operation of the restriction then in force or impose any new restriction.
Lord Smith of Clifton supported this amendment.
(8) In this section .restriction notice. and .restriction order. have the meaning given by section 17(2).
19 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 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) he cannot reasonably be expected to comply with such a notice,
( ) he should not be required to comply with such a notice because compliance would not give any material assistance to the inquiry,"
Lord Smith of Clifton supported this amendment.
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.
After Clause 19 insert the following new Clause –
“Article 6 rights
Irrespective of the jurisprudence of the European Court of Human Rights, those appearing before an inquiry under this Act shall enjoy the rights conferred by Article 6 of the European Convention on Human Rights.”
20 Privileged information etc
(1) A person may not under section 19 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.
21 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
in avoiding a risk of
damage to the economy outweighs the public interest in the information being
revealed
(3) In making a decision under this section the panel must take account of any restriction notice given under section 17 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 20(2).
Lord Goodhart and Lord Smith of Clifton gave notice of their intention to oppose the Question that Clause 21 stand part of the Bill.
Inquiry reports
22 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 13(1)(b), the
duty imposed by subsection (1) to deliver a report is to be read as a power to
do so.
“(2) Subsection (1) applies to an inquiry brought to an end under section 13(1)(b)."
Lord Smith of Clifton supported these amendments.
(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.
23 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.
( ) Any report published under subsection (1) must be laid before both Houses of Parliament.
(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 and without delay.
Lord Smith of Clifton supported this amendment.
(4) The
person whose duty it is to arrange for a report to
be published chairman 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
chairman considers to be necessary in the public interest, having regard
in particular to the matters mentioned in subsection (5)
but subject to subsection (6A).
Lord Smith of Clifton supported this amendment.
(5) Those matters are.
(a) the extent to which
withholding material might inhibit the allaying
of cause public concern;
(b) any risk of harm or
damage that could be avoided or reduced
caused 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.
(6A) No material in a report shall be withheld from publication in so far as it contains information which a member of the public would have a right under section 1 of the Freedom of Information Act 2000 (c. 36) (general right of access to information held by public authorities) to have communicated to him.
(6B) The withholding from publication of material in a report does not deprive any person of a right under section 1 of the Freedom of Information Act 2000 to have any information contained in that material communicated to him.
Lord Smith of Clifton supported these amendments.
(7) In this section “report” includes an interim report.
After Clause 23, insert the following new clause –
Freedom of Information
(1) Section 32 of the Freedom of Information Act 2000 (c. 36) (prejudice to effective conduct of public affairs) is amended as follows.
(2) In subsection (2) omit the words "inquiry or" in each place.
(3) In subsection (4) omit paragraph (c).
Lord Smith of Clifton supported this amendment.
Scotland, Wales and Northern Ireland
24 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 19 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 27 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;
(c) such one or more Northern Ireland Ministers as appear to the Minister to be appropriate;
.the relevant time. means the time when the fact or event in question occurred (or is alleged to have occurred);
.Scottish matter. means a matter that relates to Scotland and is not a reserved matter within the meaning of the Scotland Act 1998 (c. 46);
.transferred Northern Ireland matter. means a matter that relates to Northern Ireland and is a transferred matter within the meaning of the
Northern Ireland Act 1998 (or, in relation to any time when Part 1 of the Northern Ireland Constitution Act 1973 (c. 36) was in force, within the meaning of that Act);
.Welsh matter. means a matter in relation to which the National Assembly for Wales has functions.
25 Scottish inquiries
(1) This section applies to an inquiry for which the Scottish Ministers are responsible.
(2) The terms of reference set out under section 5 or 14 must not require the inquiry to determine any fact or to make any recommendation that is not wholly or primarily concerned with a Scottish matter.
(3) The powers conferred by section 19 are exercisable only.
(a) in respect of evidence, documents or other things that are wholly or primarily concerned with a Scottish matter, or
(b) for the purpose of inquiring into something that is wholly or primarily a Scottish matter.
(4) Those powers are not exercisable so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of Her Majesty.s
Government in the United Kingdom, the National Assembly for Wales or a Northern Ireland Minister.
(5) In this section .Scottish matter. means a matter that relates to Scotland and is not a reserved matter (within the meaning of the Scotland Act 1998 (c. 46)).
26 Welsh inquiries
(1) This section applies to an inquiry for which the National Assembly for Wales is responsible.
(2) The terms of reference set out under section 5 or 14 must not require the inquiry to determine any fact or to make any recommendation that is not wholly or primarily concerned with a Welsh matter.
(3) The powers conferred by section 19 are exercisable only.
(a) in respect of evidence, documents or other things that are wholly or primarily concerned with a Welsh matter, or
(b) for the purpose of inquiring into something that is wholly or primarily a Welsh matter.
(4) Those powers are not exercisable so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of Her Majesty.s Government in the United Kingdom, the Scottish Ministers or a Northern Ireland Minister.
(5) In this section .Welsh matter. means a matter in relation to which the National Assembly for Wales has functions.
27 Northern Ireland inquiries
(1) This section applies to an inquiry for which a Northern Ireland Minister is responsible.
(2) The terms of reference set out under section 5 or 14 must not require the inquiry.
(a) to determine any fact that is not wholly or primarily concerned with a matter which is, and was at the relevant time, a Northern Ireland matter, or
(b) to make any recommendation that is not wholly or primarily concerned with a Northern Ireland matter.
(3) The Minister may not, without the consent of the Secretary of State, include in the terms of reference anything that would require the inquiry to inquire into events occurring.
(a) before 2nd
December 1999 (the .appointed day. for the purposes of the Northern Ireland Act
1998 (c. 47)), or
(a) before the date on which responsibility for criminal justice and policing is devolved to the Northern Ireland Assembly, or
(b) during a period when section 1 of the Northern Ireland Act 2000 (c. 1) is in force (suspension of devolved government in Northern Ireland).
(4) The powers conferred by section 19 are exercisable only.
(a) in respect of evidence, documents or other things that are wholly or primarily concerned with a matter which is, and was at the relevant time, a Northern Ireland matter, or
(b) for the purpose of inquiring into something that is, and was at the relevant time, wholly or primarily a Northern Ireland matter.
(5) Those powers are not exercisable so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of Her Majesty.s Government in the United Kingdom, the Scottish Ministers or the National Assembly for Wales.
(6) Powers conferred by section 19 that would not be exercisable but for subsection
(8)(b) below are not exercisable in circumstances in which subsection (3), (4) or
(5) of section 44 of the Northern Ireland Act 1998 (power of Assembly to call for witnesses and documents) would prevent the power in subsection (1) of that section from being exercised.
(7) The
inquiry must not consider evidence or make recommendations about any matter
falling within paragraph 17 of Schedule 2 to the Northern Ireland Act 1998
(excepted matters: national security etc).
Lord Smith of Clifton supported this amendment.
(8) In this section .Northern Ireland matter. means.
(a) a matter that relates to Northern Ireland and is a transferred matter within the meaning of the Northern Ireland Act 1998 (or, in relation to any time when Part 1 of the Northern Ireland Constitution Act 1973 (c. 36) was in force, within the meaning of that Act), or
(b) a matter falling within section 44(2)(b) of the Northern Ireland Act 1998 (matters in relation to which statutory functions are exercisable by Northern Ireland Ministers etc).
(9) In this section .the relevant time. means the time when the fact or event in question occurred (or is alleged to have occurred).
28 The relevant part of the United Kingdom and the applicable rules
(1) The Minister responsible for an inquiry must specify whether the relevant part of the United Kingdom in relation to the inquiry is.
(a) England and Wales,
(b) Scotland, or
(c) Northern Ireland.
(2) The Ministers responsible for an inquiry that.
(a) is one to which section 30 applies, and
(b) would (but for this subsection) be subject to more than one set of rules, must specify which of those sets, or what combination of rules from more than one of those sets, is to apply.
(3) In subsection (2) .set of rules. means the rules made by virtue of a particular paragraph of section 38(3).
(4) If in the case of an inquiry (other than one to which section 30 applies) for which a United Kingdom Minister is responsible.
(a) the Minister specifies that the relevant part of the United Kingdom is Scotland,
(b) the Minister specifies that the relevant part of the United Kingdom is England and Wales, and the inquiry is expected to be held wholly or partly in Wales, or
(c) the Minister specifies that the relevant part of the United Kingdom is Northern Ireland, he may if he thinks fit specify that some or all of the rules that are to apply are rules made by virtue of paragraph (b), (c) or (d) (as appropriate) of section 38(3).
(5) The relevant part of the United Kingdom and, where subsection (2) or (4) applies, the applicable rules must be specified no later than the setting-up date or, as the case may be, the date of conversion.
Inquiries for which more than one Minister responsible
29 Joint inquiries
(1) The power under section 1 to cause an inquiry to be held, or to convert an inquiry under section 14, is exercisable by two or more Ministers acting jointly.
(2) In this Act .joint inquiry. means an inquiry for which by virtue of this section two or more Ministers are responsible.
(3) In the case of a joint inquiry.
(a) powers conferred on a Minister by any provision of this Act (except section 38) are exercisable by the Ministers in question acting jointly;
(b) duties imposed by this Act on a Minister are joint duties of those Ministers.
(4) Subsection (3)(b), so far as relating to obligations under section 36, is subject to any different arrangements that may be agreed by the Ministers in question.
30 Inquiries involving more than one administration
(1) This section applies to a joint inquiry for which the Ministers responsible (.the relevant Ministers.) are not all United Kingdom Ministers and are not all Northern Ireland Ministers.
(2) A limitation imposed by section 24(2), 25(2), 26(2) or 27(2) or (3) on the terms of reference of an inquiry for which a particular Minister is responsible has effect only to the extent that it applies in relation to all of the relevant Ministers.
(3) A limitation imposed by section 24(3), 25(3) or (4), 26(3) or (4) or 27(4) or (5) on the powers conferred on the chairman of an inquiry for which a particular Minister is responsible has effect only to the extent that it applies in relation to all of the relevant Ministers.
(4) Subsections (6) and (7) of section 27 do not apply if at least one of the relevant Ministers is a United Kingdom Minister.
31 Change of responsibility for inquiry
(1) Each of the Ministers concerned may agree in writing that, as from a date specified in the agreement (.the specified date.), one or more Ministers should become, or cease to be, responsible for an inquiry.
(2) Where an agreement is made under this section.
(a) in relation to any time on or after the specified date, references in this Act to the Minister responsible for the inquiry are to be read in accordance with the agreement;
(b) each of the Ministers concerned has obligations under section 36 only in relation to the period when that Minister was or is responsible for the inquiry.
(3) Subsection (2)(b) is subject to any different arrangements that may be specified in the agreement under this section.
(4) Where as a result of an agreement under this section the terms of reference of the inquiry fail to comply with an applicable limitation imposed by section 24(2), 25(2), 26(2) or 27(2) or (3), they are to be read subject to such modifications as are necessary to make them comply with the limitation.
(5) In this section .the Ministers concerned. means the Ministers responsible for the inquiry before the specified date together with any who, under the agreement, are to become responsible for it as from that date.
Supplementary
32 Offences
(1) A person is guilty of an offence if he fails without reasonable excuse to do anything that he is required to do by a notice under section 19.
(2) A person is guilty of an offence if during the course of an inquiry he does anything that is intended to have the effect of.
(a) distorting or otherwise altering any evidence, document or other thing that is given, produced or provided to the inquiry, or
(b) preventing any evidence, document or other thing from being given, produced or provided to the inquiry,
or anything that he knows or believes is likely to have that effect.
(3) A person is guilty of an offence if during the course of an inquiry.
(a) he intentionally suppresses or conceals a document that is, and that he knows or believes to be, a relevant document, or
(b) he intentionally alters or destroys any such document. For the purposes of this subsection a document is a .relevant document. if it is likely that the inquiry would (if aware of its existence) wish to be provided with it.
(4) A person does not commit an offence under subsection (2) or (3) by doing anything that he is authorised or required to do by virtue of section 20 or any privilege that applies.
(5) Proceedings in England and Wales or in Northern Ireland for an offence under subsection (1) may be instituted only by the chairman.
(6) Proceedings for an offence under subsection (2) or (3) may be instituted.
(a) in England and Wales, only by or with the consent of the Director of Public Prosecutions;
(b) in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(7) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level three on the standard scale or to imprisonment for a term not exceeding the relevant maximum, or to both.
(8) .The relevant maximum. is.
(a) in England and Wales, 51 weeks;
(b) in Scotland and Northern Ireland, six months.
33 Enforcement by High Court or Court of Session
(1) Where a person.
(a) fails to comply with, or acts in breach of, a notice under section 17 or 19 or an order made by an inquiry, or
(b) threatens to do so, the chairman of the inquiry, or after the end of the inquiry the Minister, may certify the matter to the appropriate court.
(2) The court, after hearing any evidence or representations on a matter certified to it under subsection (1), may make such order by way of enforcement or otherwise as it could make if the matter had arisen in proceedings before the court.
(3) In this section .the appropriate court. means the High Court or, in the case of an inquiry in relation to which the relevant part of the United Kingdom is Scotland, the Court of Session.
34 Immunity from suit
(1) No action lies against.
(a) a member of an inquiry panel,
(b) an assessor, counsel or solicitor to an inquiry, or
(c) a person engaged to provide assistance to an inquiry, in respect of any act done or omission made in the execution of his duty as such, or any act done or omission made in good faith in the purported execution of his duty as such.
(2) Subsection (1) applies only to acts done or omissions made during the course of the inquiry, otherwise than during any period of suspension (within the meaning of section 12).
(3) For the purposes of the law of defamation, the same privilege attaches to.
(a) any statement made in or for the purposes of proceedings before an inquiry (including the report and any interim report of the inquiry), and
(b) reports of proceedings before an inquiry, as would be the case if those proceedings were proceedings before a court in the relevant part of the United Kingdom.
35 Time limit for applying for judicial review
(1) An application for judicial review of a decision made.
(a) by the Minister in relation to an inquiry, or
(b) by a member of an inquiry panel, must be brought within 14 days after the day on which the applicant became aware of the decision, unless that time limit is extended by the court.
(2) Subsection (1) does not apply where an earlier time limit applies by virtue of Civil Procedure Rules or rules made under section 55 of the Judicature (Northern Ireland) Act 1978 (c. 23).
(3) Subsection (1) does not apply to.
(a) a decision as to the contents of the report of the inquiry;
(b) a decision of which the applicant could not have become aware until the publication of the report. In this subsection .report. includes any interim report.
(4) This section does not extend to Scotland.
36 Payment of inquiry expenses by Minister
(1) The Minister may agree to pay to.
(a) the members of the inquiry panel,
(b) any assessor, counsel or solicitor to the inquiry, and
(c) any person engaged to provide assistance to the inquiry, such remuneration and expenses as the Minister may determine.
(2) The Minister must pay any amounts awarded under section 37.
(3) The Minister must meet
any other expenses reasonably
(Lord
Smith of Clifton supported this amendment)
incurred in holding the
inquiry, including the cost of publication of the report and any interim report
of the inquiry (whether or not the chairman has responsibility for arranging
publication).
(4)
Subsection (5) applies where the Minister.
(a) believes
that there are matters in respect of which an inquiry is acting outside its
terms of reference, or is likely to do, and
(b) gives a
notice to the chairman specifying those matters and the reasons for his belief.
(5) Subject
to provision made by rules under section 38, the Minister is not obliged under
this section or otherwise to pay any amounts or to meet any expenses in so far
as they are referable.
(a) to any
matters certified by the Minister, in accordance with such provision, to be
outside the inquiry.s terms of reference, and
(b) to any
period falling after the date on which the notice under subsection
(4) was
given.
(6) Within a reasonable time after the end of the inquiry the Minister must publish the total amount of what he has paid (or remains liable to pay) under this section.
37 Expenses of witnesses etc
(1) The chairman may award reasonable amounts to a person.
(a) by way of compensation for loss of time, or
(b) in respect of expenses properly incurred, in attending, or otherwise in relation to, the inquiry.
(2) The power to make an award under this section includes power, where the chairman considers it appropriate, to award amounts in respect of legal representation.
(3) A person is eligible for an award under this section only if he is.
(a) a person attending the inquiry to give evidence or to produce any document or other thing, or
(b) a person who, in the opinion of the chairman, has such a particular interest in the proceedings or outcome of the inquiry as to justify such an award.
(4) The power to make an award under this section arises only if the Minister so notifies the chairman, and is subject to such conditions or qualifications as may be determined by the Minister.
General
38 Rules
(1) The appropriate authority may make rules dealing with.
(a) matters of evidence and procedure in relation to inquiries;
(b) awards under section 37.
(2) Rules under subsection (1)(b) may in particular.
(a) make provision as to how and by whom the amount of awards is to be assessed, including provision allowing the assessment to be undertaken by the inquiry panel or by such other person as the panel may nominate;
(b) make provision for review of an assessment at the instance of a person dissatisfied with it.
(3) The appropriate authority is.
(a) the Lord Chancellor, as regards inquiries for which a United Kingdom Minister is responsible;
(b) the Scottish Ministers, as regards inquiries for which they are responsible;
(c) the National Assembly for Wales, as regards inquiries for which that Assembly is responsible;
(d) the First Minister and deputy First Minister acting jointly, as regards inquiries for which a Northern Ireland Minister is responsible.
(4) The power to make rules under this section is exercisable.
(a) in the case of rules made by the Lord Chancellor, the National Assembly for Wales or the Scottish Ministers, by statutory instrument;
(b) in the case of rules made by the First Minister and deputy First Minister, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(5) A statutory instrument made under this section is subject to annulment.
(a) if made by the Lord Chancellor, in pursuance of a resolution of either House of Parliament;
(b) if made by the Scottish Ministers, in pursuance of a resolution of the Scottish Parliament.
(6) A statutory rule made under this section is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
39 Notices etc
A notice or notification under this Act must be given in writing.
40 Interpretation
(1) In this Act. .assessor. means an assessor appointed under section 10; .chairman., in relation to an inquiry, means the chairman of the inquiry; .the course of the inquiry. and similar expressions are to be read in accordance with subsection (2); .date of conversion. has the meaning given by section 14(1); .document. includes information recorded in any form (and see subsection (3)); .event., except in sections 12 and 43, includes any conduct or omission; .inquiry., except where the context requires otherwise, means an inquiry under this Act; .inquiry panel. is to be read in accordance with section 3(2); .interested party., in relation to an inquiry, means a person with a particularly significant interest in the proceedings or outcome of the inquiry; .interim report. means a report under section 22(3); .joint inquiry. has the meaning given by section 29(2); .member., in relation to an inquiry panel, includes the chairman; .Minister. is to be read in accordance with section 1(2) (and see subsection (4) below); .Northern Ireland Minister. includes the First Minister and the deputy First Minister acting jointly; .the relevant part of the United Kingdom., in relation to an inquiry, means the part specified under section 28(1); .report. means a report under section 22(1); .responsible., in relation to an inquiry, is to be read in accordance with subsection (5); .terms of reference., in relation to an inquiry under this Act, has the meaning given by section 5(4); .setting-up date. means the date specified under section 5(1)(a); .statutory provision. means a provision contained in, or having effect under, any enactment, Act of the Scottish Parliament or Northern Ireland legislation; United Kingdom Minister..
(a) means the holder of a Ministerial office specified in Part 1, 2 or 3 of Schedule 1 to the Ministerial and other Salaries Act 1975
(c. 27) or a Parliamentary Secretary;
(b) also includes the Treasury. But a reference to a United Kingdom Minister does not include a reference to the Secretary of State discharging functions by virtue of section 42(2).
(2) References in this Act to the course of an inquiry are to the period beginning with the setting-up date, or (in the case of an inquiry converted under section
14) the date of conversion, and ending with the date on which the inquiry comes to an end (which is given by section 13).
(3) References in this Act to producing or providing a document, in relation to information recorded otherwise than in legible form, are to be read as references to producing or providing a copy of the information in a legible form.
(4) References in this Act to .the Minister., in relation to an inquiry, are to the Minister or Ministers responsible for the inquiry.
(5) For the purposes of this Act a Minister is .responsible. for an inquiry if he is the Minister, or one of the Ministers, by whom it was caused to be held under section 1 or converted under section 14. This is subject to section 31(2)(a).
41 Transitory, transitional and saving provisions
(1) Section 14 applies whether the original inquiry was caused to be held before or after the commencement of that section.
(2) For the purposes of that section, an inquiry appointed otherwise than under this Act includes a tribunal of inquiry appointed in pursuance of resolutions of both Houses of Parliament under section 1 of the Tribunals of Inquiry (Evidence) Act 1921 (c. 7).
(3) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in section 32(8)(a) above to 51 weeks is to be read as a reference to six months.
(4) This Act does not affect.
(a) any power of Her Majesty to establish a Royal Commission, or
(b) except as
provided by section 14 or by sections 43 to 46 (and Schedules 1 to 3), any power
of a Minister or other person (whether under a statutory provision or otherwise)
to cause an inquiry to be held otherwise than under this Act.
Lord Smith of Clifton supported this amendment.
(5) The repeal by this Act of any statutory provision under which an inquiry has been caused to be held does not affect any power or duty conferred or imposed in respect of the inquiry, and accordingly.
(a) the inquiry may continue,
(b) any report may be submitted and published, and
(c) any proceedings arising out of the inquiry may be taken or continued, as if the enactment had not been repealed.
42 Suspension of devolved government in Northern Ireland
(1) This section applies in relation to any time when section 1 of the Northern Ireland Act 2000 (c. 1) (suspension of devolved government in Northern Ireland) is in force.
(2) Functions conferred by this Act on a Northern Ireland Minister may be discharged by the Secretary of State (and a reference to an inquiry for which a Northern Ireland Minister is responsible is to be read accordingly). In relation to such functions, this subsection applies in place of paragraph
4(1)(a) to (c) of the Schedule to the Northern Ireland Act 2000.
(3) A requirement under this Act to consult any Northern Ireland Minister is to be
read as a requirement to consult the Secretary of State.
(4) In the case of rules under section 38 made by the Secretary of State by virtue of subsection (3)(d) of that section and subsection (2) above, subsections (4)(a) and (5)(a) of that section apply in relation to the Secretary of State as they apply in relation to the Lord Chancellor.
Amendments etc
43 Inquiries under the Financial Services and Markets Act 2000
(1) Section 14 of the Financial Services and Markets Act 2000 (c. 8) (cases in which the Treasury may arrange independent inquiries) is amended as follows.
(2) In subsection (2)(b)(i), after .by this Act. there is inserted ., or by any previous statutory provision,..
(3) In subsection (3)(b), for the words after .but for a serious failure. there is substituted .in.
(i) the regulatory system established by Part 6 or by any previous statutory provision concerned with the official listing of securities; or
(ii) the operation of that system..
(4) After subsection (5) there is inserted.
.(5A) .Event. does not include any event occurring before 1st December 2001 (but no such limitation applies to the reference in subsection (4) to surrounding circumstances).
44 Inquiries etc under Northern Ireland legislation
(1) For section 23 of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.) (inquiries and investigations) there is substituted).
23 Inquiries and investigations
The provisions of Schedule A1 to this Act shall have effect in relation to any local or other inquiry or any investigation which a Minister or Northern Ireland department causes to be held or made under any enactment passed or made.
(a) after the commencement of this Act, and
(b) before the commencement of section 44 of the Inquiries Act
2005..
(2) The Schedule set out in Schedule 1 to this Act is inserted into that Act as
Schedule A1.
45 Minor and consequential amendments
(1) Schedule 2 (minor and consequential amendments) has effect.
(2) In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) a reference to an Act that is amended by Schedule 2 to this Act is to be read as referring to that Act as so amended.
46 Repeals and revocations
(1) The
Tribunals of Inquiry (Evidence) Act 1921 (c. 7) is repealed.
Lord Smith of Clifton
and
Lord Goodheart
supported this amendment.
(2) The provisions set out in Schedule 3 are repealed or revoked to the extent specified.
Final provisions
47 Crown application
This Act and any provisions made under it bind the Crown (but do not affect Her Majesty in her personal capacity or in right of Her Duchy of Lancaster or the Duke of Cornwall).
48 Commencement
(1) The preceding provisions of this Act come into force on such day as the Lord Chancellor may appoint by order made by statutory instrument.
(2) Before making an order under this section the Lord Chancellor must consult the Scottish Ministers, the National Assembly for Wales and the First Minister and deputy First Minister.
(3) An order under this section.
(a) may include any transitory, transitional or saving provision that the Secretary of State considers necessary or expedient;
(b) may appoint different days for different purposes.
49 Extent
This Act extends to the whole of the United Kingdom.
50 Short title
This Act may be cited as the Inquiries Act 2005.
Shedule 3
Northern Ireland Legislation
Lord Kingsland, Lord Goodhart, and Lord Smith of Clifton wanted the repeal of the Tribunals of Inquiry (evidence) Act 1921 deleted.
Lord Kingsland gave notice of his intention to oppose the Question that Schedule 3 be the Third Schedule to the Bill.
For Peace Justice & Human Rights
