|
|
|
AMENDMENTS PROPOSED FOR THE HOUSE OF LORDS REPORT STAGE
This document has been prepared by British Irish rights watch. These are the amendments that have been put forward for the Report Stage in the House of Lords. 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 on behalf of the government by Lord Falconer are in red (n.b. red was used for an amendment put forward by Lord Glentornan in Grand Committee, otherwise the colours used are either the same or new)
Amendments proposed by Lord Ackner are in turquoise
Amendments proposed by Viscount Goschen are in maroon
Amendments proposed by Lord Borrie are in yellow
New clauses proposed by more than one member of the House of Lords are in lavender
The official Marshalled List of Amendments can be found at:
http://www.publications.parliament.uk/pa/ld200405/ldbills/007/amend/ml007-ri.htm
INQUIRIES BILL
1 Power to establish inquiry
(1) Subject to subsections (1A) and (1B), 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 of a Minister, an inquiry must be established by a resolution of both Houses of Parliament.
(1B) Such 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).
At end, insert
( ) But subsection (1) shall not apply where the events referred to involve the conduct of any Minister of the Crown.
Lord Goodhart supports this amendment.
Lord Kingsland has proposed 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.
Lord Kingsland, and Lord Goodhart have proposed the following new clause:
Inquiry involving conduct of Minister of the Crown
(1) Where –
(a) particular events have caused, or are capable of causing, public concern, or
(b) there is public concern that particular events may have occurred, and
(c) the events that have occurred or may have occurred involve the conduct of any Minister of the Crown,
Her Majesty may, by Order in Council, cause an inquiry to be held under this Act.
(2) An Order under this section shall include –
(a) the terms of the instrument appointing the chairman of the inquiry;
(b) the date that is to be the setting-up date for the purposes of this Act;
(c) the terms of reference of the inquiry; and
(d) the names of any members of the inquiry panel.
(3) An Order under this Section may provide that the inquiry shall have all such powers, rights and privileges as are vested in the High Court of England and Wales or of Northern Ireland, or, in Scotland, the Court of Session, or in a judge of such court in respect of –
(a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
(b) compelling the production of documents; and
(c) subject to the rules of court, issuing commissions or requests to examine witnesses abroad.
(4) An Order in Council made under this Section may be revoked, amended or varied by a subsequent Order.
(5) Before any Order in Council is made under this section, a draft of it shall be laid before each House of Parliament.
(6) An Order under this Section shall not have effect except as so modified.
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 supports these amendments.
(2) References in this Act to an inquiry panel are to the chairman and any other member or members.
Lord Goodhart and Lord Smith of Clifton have proposed the following new clause:
Freedom of information
(1) An inquiry panel is not a public authority for the purposes of the Freedom of information Act 2000 (c. 36).
(2) But at the end of an inquiry all recorded information given to or created by the inquiry shall be transferred to and kept by the Minister and shall be subject to the right to information under that Act.
(3) Section 32 of the Freedom of information Act 2000 (court records etc) is amended as follows.
(4) In subsection (2) omit the words “inquiry or” in each place.
(5) In subsection (4) omit paragraph (c).
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.
( ) 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.
( ) Before establishing the terms of reference the Minister shall consult the chairman.
( ) 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 if he is satisfied that the modification is necessary in the public interest.
Lord Smith of Clifton supports these amendments.
(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.
( ) 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.
Lord Ackner wishes to leave out Clause 5.
After Clause 5, insert the following new Clause –
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 terms of reference.
Viscount Goschen wishes to add here:
(d) an estimate of the likely cost of the inquiry.
(3) Where the terms of reference of an inquiry are amended under section 5(2A), 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.
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 before the inquiry starts.”
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.
Lord Ackner wishes to leave out Clause 6.
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.
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 notifythe 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.
( ) Before exercising his powers under subsection (2)(a) the Minister must consult the person he proposes to appoint, or has appointed, as chairman.
(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 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.
(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.
such that his membership of the inquiry panel could
reasonably be regarded as affecting its impartiality.
(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.
( ) The Minister shall lay a notice under subsection (1) before both each House of Parliament, together with a statement of his reasons for suspending an inquiry.
Lord Smith of Clifton supports 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.
( ) Before exercising that power the Minister must consult the chairman.
(2) The power conferred by subsection (1) may be exercised whether or not the investigation or proceedings have begun.
( ) Where the Minister gives a notice under subsection (1) he must –
(a) set out the 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.
(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.
Lord Ackner wishes to leave out Clause 12.
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.
( ) Before exercising his power under section (1)(b) the Minister must consult 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.
( ) Where the Minister gives a notice under subsection (1)(b) he must –
(a) set out the 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.
At end, insert –
( ) The Minister shall lay a copy of the notice before each House of Parliament, together with a statement of his reasons for terminating the inquiry.
Lord Smith of Clifton supports this amendment
Lord Ackner wishes to leave out Clause 13.
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.
( ) Before exercising that power the Minister must consult the chairman.
(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.
(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 (Minister's duty to inform Parliament or Assembly) 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 (5), as it applies in relation to causing an inquiry to be held, or amending an inquiry's terms of reference under section 5(2A)."
Lord Kingsland and Lord Ackner wish to leave out Clause 14.
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 and for the purposes of section 11(5) is treated as made by the Minister on the date of conversion.
(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 wishes to leave out Clause 15. 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) the need to avoid any 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.
(c) the extent to which any person or organisation who may be the subject of criticism in course of, or as a result of, the proceedings may, as a matter of fairness, require legal representation.
Lord Kingsland supports these amendments.
Insert the following new Clause—
Public access to inquiry proceedings and information
(1) Subject to any restrictions imposed by a notice or order under section 17, 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 17 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 38(1)(aa) 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 38(1)(aa) below, have been passed to and are held by a Scottish public authority.
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.
the following way.
(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
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.
Lord Ackner wishes to leave out Clause 17.
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).
Lord Goodhart and Lord Smith of Clifton both wish to delete this subsection.
(5) Restrictions imposed under section 17 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)
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.
( ) 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.
(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 on
(Lord Smith of
Clifton supports this amendment)
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.
Lord Goodhart and Lord Smith of Clifton both wish to delete this subsection.
(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.
(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 17(2).
19 Powers of chairman to require production of evidence etc
(1) The chairman of an inquiry panel 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,
( ) his evidence, or the production of any documents or things which he is required to produce by the notice, would not give any material assistance to the inquiry, or
( ) the burden of producing any document or thing which he is required to produce by the notice would be disproportionate.
Lord Smith of Clifton supports this amendment.
(b)
he cannot reasonably be expected
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) or (c) (Lord Smith of Clifton supports this amendment), 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.
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
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 both wish to leave out Clause 21.
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.
(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.
Lord Ackner wishes to leave out Clause 22.
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.
(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)
Subject to subsection (6A)
Lord Smith of
Clifton supports this amendment
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)
(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.
( ) 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).
(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.
Lord Smith of Clifton supports this amendment.
(7) In this section “report” includes an interim report.
Lord Ackner wishes to leave out Clause 23.
After Clause 23, insert the following new clause –
Laying of reports before Parliament or Assembly
Whatever is required to be published under section 23 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.
Lord Kingsland, and Lord Goodhart have proposed the following new clause:
Inquiries into loss of life
(1) Where an inquiry involves investigation into loss of life, this Act shall apply with the following modifications.
(2) No restriction notice may be given by a Minister.
(3) It is the duty of the chairman to arrange for reports of the inquiry to be published.
(4) Subsection (1) of section 8 shall have effect as if the words following "party" had been omitted.
(5) Subsection (4) of section 37 shall not apply to an award of amounts in respect of legal representation which is reasonably required for the representation of family members of persons whose deaths are a subject of the inquiry."
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
of
the inquiry must not require it
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
of
the inquiry must not require it
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
of
the inquiry must not require it
(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).
(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 or section 31, is exercisable by two or more Ministers acting jointly.