As appeals for a public inquiry into the government’s response to COVID-19 continue to grow, this article examines the critical concerns which look difficult for it to resist.
In April, calls by Sir Bob Kerslake, the TUC, Amnesty and Liberty for an inquiry into PPE shortages and the emerging care home crisis made national headlines. Since then hundreds of high profile signatories have demanded an inquiry into the disproportionate impact of COVID-19 on the BAME community, and the Equality and Human Rights Commission has announced that it is considering its own investigation into the discharge of the elderly into care homes. Increasingly it looks like a question of ‘when’ not ‘if’ an inquiry will be announced.
The power to order a public inquiry rests with a government minister, who may convene one where there is ‘public concern’ (the Inquiries Act 2005, s 1). The power is discretionary, and in theory ministers can reject the mounting voices of concern.
That important element of discretion makes
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