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

Yes, it is an excellent precedent to say, “Here are my recommendations. Let’s see what’s been done about them after a particular period of time.” Parliament does not do that anywhere near enough. We pass legislation and assume that all is well. There is a strong case for better post-legislative scrutiny of what we do. I am sure that there are many Acts of Parliament that could even be the subject of, dare I mention it, a Sunset clause. We would have to re-enact them after a period of time to avoid adding to the dense archaeology of law.

Funnily enough, on the Administration Estimate Audit Committee, which I chair, I recently suggested that when we make recommendations to the House authorities, we should return after a period to see how they have operated. In almost all walks of life it is standard management practice and an excellent thing to do to revisit recommendations and see what has been done. I applaud that. It shows that an inquiry does not necessarily have to be conducted by a lawyer, although I am one. One can often get a very good result by using someone who understands the system. Michael Bichard, having had a very distinguished career in public service, understands the system better than almost anyone. I do not think that there is any reason to think that Parliament would deplore the way in which Michael Bichard ran his inquiry or want to change it in any way. We would almost certainly welcome that more efficient approach.

My noble Friend Lord Kingsland identified two concerns in the other place. The first is the shift from Parliament to the Executive and the second is the shift away from chairmen to Ministers. The 1921 Act has proved expensive and cumbersome. I mentioned the Saville inquiry, but it also led to the Shipman inquiry, which many would say was an excellent and detailed inquiry that uncovered a great deal more than was originally thought had occurred. Some important lessons have been learned about the governance of general practitioners and the medical profession in general.

We do not want to lose the ability to have a detailed, thorough inquiry of the sort that was conducted on the case of Dr. Harold Shipman. I hope that Parliament could look at the terms of reference and decide the proper way forward. I hope that the Minister can accept amendments Nos. 1 and 2. An Amendment accepted in the other place obliges Ministers to make statements when setting up inquiries. Amendment No. 6 would ensure that it was an oral statement so that Ministers could be questioned about the terms of reference and the conditions under which the inquiry would take place.

Amendments Nos. 12 and 13 would require oral statements on suspension or termination of an inquiry. Ministers are being given important powers to interfere in the running of inquiries and it is only right that they should be accountable. Our concerns are that we should have an effective and efficient inquiry system, but that Parliament should retain a role at the heart of the process, particularly given the shift of power away from the chairman to Ministers.

Clause

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Saville inquiry

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

sunset clause

A sunset clause is a provision of a law which causes the law to (in effect) repeal itself automatically. They are typically used as a form of concession when debating controversial proposals.

other place

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

Minister

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amendment

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