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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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