header-logo header-logo

19 July 2024
Issue: 8080 / Categories: Features , Public , Constitutional law , Human rights
printer mail-detail

The politics of public inquiries

182204
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

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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll