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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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