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19 July 2024
Issue: 8080 / Categories: Features , Public , Constitutional law , Human rights
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The politics of public inquiries

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When are witnesses in public inquiries compelled to participate? Nick Wrightson explores this often-delicate issue
  • Refers to independent inquiries relating to Afghanistan and the Covid-19 inquiry in an overall piece on political realities of witness compulsion in public inquiries.

Statutory public inquiries have strong legal powers to compel witnesses to participate. How these are exercised depends on the circumstances and reflects the reality that public inquiries are part of the political process rather than the legal process, or a hybrid of the two.

The FT recently declared public inquiries to be a growth industry, a trend which continues in 2024. As more inquiries are established to address events of widespread public concern like the response to the Covid-19 pandemic, more high-profile situations arise where their powers are put to the test. That is especially so when witnesses refuse to give evidence.

A conspicuous recent example of this situation is the former Minister of State for Veterans’ Affairs (and now former MP) Johnny Mercer. On 24 November 2023, he gave a witness statement

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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