Clause 1 - Power to establish inquiry

Part of Inquiries Bill [Lords] – in a Public Bill Committee at 9:25 am on 22 March 2005.

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Photo of Oliver Heald Oliver Heald Shadow Secretary of State (Justice), Shadow Leader of the House of Commons 9:25, 22 March 2005

The purpose of amendments Nos. 1 and 2 is to place Parliament firmly at the centre of the establishment of an inquiry by requiring a resolution of approval of the arrangements. The amendments are worded so that they would apply equally to the Welsh Assembly or the Scottish Parliament, if either body were involved.

We fully accept the need to reform the patchwork of provisions. That includes the 1921 Act, which was the basis for the Saville inquiry and the inquiry into the activities of Dr. Shipman, and other statutes such as the Police Act 1996 and the National Health Service Act 1977, which were used in the inquiry into the death of Stephen Lawrence and the Kennedy inquiry into the Bristol Royal infirmary. There is also the informal, Hutton-style inquiry, although that was perhaps thought not to be the best example, and the Soham murders inquiry, which was generally thought a very good example.

The 1921 Act requires parliamentary resolutions. Lord Justice Salmon, in his royal commission, said that there were safeguards to prevent the procedure from being too readily invoked because Parliament   had to make that resolution. Equally, on the other side of the argument, the Public Administration Committee said that it was

“deeply concerned that the Government’s Inquiries Bill threatens the last remaining role for Parliament in the inquiry process. Nonetheless it also provides an opportunity to update the current provision contained in the 1921 Act”.

It is worth also reflecting on what was said by Lord Justice Clarke, who undertook the Thames safety inquiry in 2000:

“the time has come when it would be desirable to set up a statutory framework for Inquiries generally. There is at present no generally applicable statute which covers public inquiries. The 1921 Act has been shown over the years to be much too restricted and cumbersome. In my view a statute should be enacted to give power to the appropriate Secretary of State to order a public inquiry.”

There is a mood both for change and for putting Parliament at the centre of what we do.

I fully accept that the purpose of the Bill is to provide a cost-efficient and effective way to conduct inquiries, but in a sense it consolidates the 1921 Act within it, so there is no need to remove parliamentary involvement. Why does the Minister want to do that? There is no doubt that Parliament is often concerned about the issues that give rise to public inquiries. Members of Parliament often call for a public inquiry. [Laughter.] I notice the hon. Member for Croydon, Central (Geraint Davies) laughing, and MPs do sometimes call for public inquiries because they cannot think what else to do. None the less, there are very serious incidents and issues that give rise, rightly, to public inquiries, and it is hard to understand why the Minister would want to cut Parliament out of the loop. What is he afraid of?

The Bill strengthens the Executive’s position by enabling Ministers not only to decide on the form of the inquiry and the personnel, but to influence the inquiry during its operation. Clauses 12 and 13 allow the Minister to suspend or terminate the inquiry. The Public Administration Committee suggested continuing the parliamentary role and said that, where public concern about the conduct, actions or inactions of Government Ministers or officials was involved, there was, at a minimum, a very strong case for resolutions to be passed. Clause 7, which was added in the other place, reflects that.

My noble Friend Lord Norton explained his concern that Parliament was being sidelined, describing it as being excluded from the process. He went on to describe his discussions with Ministers, saying that he had seen a copy of a letter from the noble Baroness Ashton in which she justified the exclusion of Parliament on the grounds that inquiries under the 1921 Act are the exception, rather than the rule. She made the point that there have been only 24 inquiries under the 1921 Act, so it would be wrong to involve Parliament if we are consolidating and putting together a structure for all inquiries.

My argument is the other way around. Just because the 1921 Act has proved cumbersome and its procedures expensive and long-winded does not necessarily mean that that is the fault of Parliament. It is much more likely to be the fault of the procedures.   It is often said that the Bichard inquiry into the Soham murders was extremely effective and efficient although it was informal. However, it was not a good, successful and effective inquiry because Parliament was excluded from the purpose of setting it up—far from it. The success of the Bichard inquiry is a tribute to the excellent public servant who was in charge of it and took a grip of its procedures and moved it forward.

Clause

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Secretary of State

Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.

Saville inquiry

http://www.bloody-sunday-inquiry.org.uk/

other place

The House of Lords. When used in the House of Lords, this phrase refers to the House of Commons.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.