header-logo header-logo

Searching for answers

16 September 2011 / Charles Brasted
Issue: 7481 / Categories: Opinion , Public
printer mail-detail
nlj_7481_p1233_4

Charles Brasted explains how public inquiries have become the universal panacea for controversy

Despite the introduction of the Inquiries Act 2005 (IA 2005), which sought to put public inquiries on a consistent statutory footing, questions remain as to how they should operate and how they interact with other on-going legal proceedings. With the frequency and scope of inquiries growing, these questions are becoming increasingly important.

Recently, amid much public, political, and press noise about the use of phone hacking by newspapers, David Cameron announced a total of three inquiries, although a number of criminal and civil proceedings were already afoot, as well as internal inquiries, Parliamentary Select Committee hearings, parliamentary debates, and even an FBI investigation.

While IA 2005 was intended to consolidate provisions and ensure greater consistency and clarity on the legal function of public inquiries, uncertainties remain. Not all inquiries are governed by IA 2005, of note being the current Chilcot inquiry and the Archer inquiry into the supply of contaminated blood products. Even where IA 2005 is applicable, it does

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll