The Inquiries Act 2005 (c. 12) is an Act of the Parliament of the United Kingdom. According to the explanatory notes, published by the Department for Constitutional Affairs, the Act "is intended to provide a comprehensive statutory framework for inquiries set up by Ministers to look into matters of public concern".[4]
The act repealed the entirety of the Tribunals of Inquiry (Evidence) Act 1921, a much shorter bill that also empowered Ministers to set up so-called statutory inquiries.[5]
The act was motivated in part by the spiraling costs of the Bloody Sunday Inquiry and a desire to control the length and cost of future inquiries.[6] The act has been criticised by a number of groups and individuals, generally concerned with the power ministers have over the remit of the inquiry and the publication of its final report.[7][8]
Amnesty International has asked members of the British judiciary not to serve on any inquiry held under the Act, as they contend that "any inquiry would be controlled by the executive which is empowered to block public scrutiny of state actions."[7]
The family of Pat Finucane, a solicitor killed by loyalist paramilitaries in Belfast in suspicious circumstances, have announced they will not be co-operating with a forthcoming inquiry into the events surrounding his death if it is held under the terms of the Act.[11]
it seems to me that the proposed new Act would make a meaningful inquiry impossible. The Commissions would be working in an impossible situation. For example, the Minister, the actions of whose ministry was to be reviewed by the public inquiry would have the authority to thwart the efforts of the inquiry at every step. It really creates an intolerable Alice in Wonderland situation. There have been references in the press to an international judicial membership in the inquiry. If the new Act were to become law, I would advise all Canadian judges to decline an appointment in light of the impossible situation they would be facing. In fact, I cannot contemplate any self-respecting Canadian judge accepting an appointment to an inquiry constituted under the new proposed Act.
The chairman of the hearing, Representative Chris Smith, declared that "the bill pending before the British Parliament should be named the 'Public Inquiries Cover-up Bill.'"[12]
Indeed, the Act repealed the entirety of the Tribunals of Inquiry (Evidence) Act 1921 which had allowed Parliament to vote on a resolution establishing a tribunal that had "all such powers, rights, and privileges as are vested in the High Court"[13] and placed the power solely under the control of a Minister.[14]
As of November 2021 there have been 29 inquiries established under the act with a further two announced. Of these, 17 have completed costing a total of £158m.[15]
It was announced in August 2023 that a statutory inquiry would be held into the circumstances surrounding the killings of children carried out by Lucy Letby.[27]
^Dyer, Clare (21 April 2005). "Judges urged to boycott inquiries". The Guardian. Northern Ireland. Retrieved 4 May 2005. Amnesty International yesterday urged all judges to refuse to sit on any inquiry set up by the government under the Inquiries Act 2005, including that into alleged state collusion in the death of the murdered Belfast solicitor Patrick Finucane. The worldwide human rights organisation said it supported the call by Mr Finucane′s widow, Geraldine, to all senior judges in England, Scotland and Wales not to serve on an inquiry into her husband′s death held under the legislation...
^Tim Jarrett (11 August 2016). The Independent Inquiry into Child Sexual Abuse and background(PDF) (Report). House of Commons Library. SN07040. Retrieved 12 August 2022. In February 2015, the then Home Secretary, Theresa May, announced a new Inquiry would be established under the Inquiries Act 2005, thereby replacing the non-statutory Independent Inquiry Panel into Child Sexual Abuse that was established in July 2014.
