Clause 16 - Power to convert other inquiry into inquiry under this Act
Inquiries Bill [Lords]
4:15 pm
Mr Jonathan Djanogly (Shadow Minister, Home Affairs; Huntingdon, Conservative)
The power to convert one inquiry into another inquiry under this proposed legislation is important. It was discussed at length in the other place. Lord Kingsland noted:
“After the Bill became an Act, it would give a power to the Minister, in effect, to close down ongoing inquiries and replace them with inquiries under the Bill. That would give rise to two issues, one of which is far more important than the other.
The first is that it would provide a new procedure to an ongoing inquiry. We could see the force of doing that, if formal procedures were not proving to be satisfactory in dealing with the matter under review. Our other concern was that an inquiry might be closed down and replaced in order to get rid of members who were saying and doing inconvenient things and replace them with placemen.”—[Official Report, House of Lords, 8 February 2005; Vol. 669, c. 699.]
The Government answered those concerns by requiring consultation with the chairman. However, we still have some worries.
The Bill has a retrospective effect, and I ask the Minister why that is necessary—and if it is necessary, it should occur only in the most extreme circumstances. Also, a Minister can convert an inquiry and change its panel and terms of reference, or even terminate it. Apart from there being too much ministerial involvement in that, it must go against the legitimate expectations of the chairman in starting the inquiry. Finally, is starting a new inquiry an alternative?