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The Practical Guide to Public Inquiries

The Practical Guide to Public Inquiries

Author: Isabelle Mitchell; Peter Watkin Jones; Sarah Jones; Emma Ireton
Publisher: Hart Publishing
ISBN: 9781509928347

Published In: December 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509968718

List Price: HKD 1,300.00

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Description
Contents

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This practical guide provides legal practitioners, participants, witnesses and all those interested in the public inquiry process, stage-by-stage 'hands on' guidance to the process of public inquiries into matters of public concern.

With its user-friendly format of summaries, checklists, 'top tips' and flow charts, this book, the first practical guide to public inquiries, provides guidance from the setting up of a public inquiry through to its close. It includes information on:

the appointment of the chairman and inquiry team
the choice and significance of the venue
the drawing up of inquiry procedures, protocols and rulings
the appointment and role of core participants
evidence taking
conducting and attending hearings
the role of experts
the writing and publication of the inquiry report

Drawing on the authors' extensive experience as public inquiry lawyers, working on inquiries such as the Bloody Sunday Inquiry, Mid Staffordshire NHS Foundation Trust Inquiry, Leveson Inquiry and Grenfell Tower Inquiry, together with contributions from a number of other eminent practitioners in the field, this book provides valuable, comprehensive guidance on the public inquiry process

1. Public Inquiries

Introduction

What is a Public Inquiry?

The Role of a Public Inquiry

The Basis upon which an Inquiry may be Convened

The Challenges

Table of UK Public Inquiries Convened by a Minister

2. Appointments

Introduction

The Chair and Panel

Process of Appointing a Chair and Panel Members

Conflicts

Speed of the Appointment Process

Issues for the Chair on Appointment

Consultation and Focus on the Terms of Reference

Counsel to the Inquiry

Appointment of Counsel

Role of Counsel

Appointment of the Solicitor to the Inquiry

Appointment of the Secretary to the Inquiry

Role of the Secretary to the Inquiry

The Inquiry Team: Additional Considerations

The Role of the Sponsoring Department

3. Location and Venue

Introduction

Geographical Location

Choosing the Right Type of Premises

What to Expect from the Inquiry Premises

Separation of Certain Categories of Core Participants and Witnesses

Facilities for the Press and Broadcast Media

Venue Set-Up

4. IT Systems

Introduction

Cost and Effectiveness

The Inquiry's IT Systems

The Inquiry Management System

Potential Features of Inquiry Management Systems

The Document Management System

Potential Features of a Document Management System

Hearing Room Systems

Interactions between a Document Management System and a Hearing Room System

Possible Features of Hearing Room Systems

Transcription

The Inquiry's Website

Team Communications

Other IT Issues to Consider

Data Security and Storage

Ongoing Technical Support

Sending Documents to the Inquiry

5. Protocols, Rulings, Directions and Orders, and Engagement with the Media

Introduction

Protocols

Preparing and Publishing the Protocols

Examples of Inquiry Protocols

Common Issues to be Considered when Preparing Protocols

Internal Protocols and Working Practices

Rulings, Directions and Orders: Terminology

Engagement with the Media

6. Core Participants

What is a Core Participant or an Interested Party?

Who can be a Core Participant?

Applying for Core Participant Status

Challenging a Decision not to Designate Core Participant Status

Why be a Core Participant?

Advantages and Disadvantages

Recognised Legal Representatives

Joint Representation

Funding

A Good Working Relationship: Core Participants and the Inquiry

7. Funding

Introduction

The Approach to Expenses of Participants to a Public Inquiry

The Scope of Awards for Funding

Information that must be Included in an Application for Funding

Alternative Sources of Funding

Joint Representation

Publication of Costs of an Inquiry

8. Documentary Evidence

Introduction

Written Request for Documentary Evidence

Statutory Provisions and the Power to Require Disclosure

When Might an Inquiry Compel the Production of Documents?

Non-Statutory Inquiries

Timelines

Withholding Documents

Opposing a Section 21 Notice Requiring the Production of Documents

Admissibility

Advance Disclosure by the Inquiry

Advantages to Recipients of Advance Disclosure

Confidentiality and Advance Disclosure

Public Access to Documents

Redaction

Restriction Orders and Restriction Notices

9. Data Protection

Introduction

Public Inquiries, Individuals and Organisations as Data Controllers

Principles for Processing Personal Data

Lawful Basis for Processing Data

The Legitimate Interest Assessment (LIA) and Public Inquiries

Organisations Engaged by a Public Inquiry as Data Processors

Freedom of Information

Requests made of a Public Authority and Exemptions

10. Evidence Taking

Introduction

The Power to Require the Production of Evidence

Enforcement of a Section 21 Notice

When to Serve a Section 21 Notice?

Powers of Non-Statutory Inquiries

The Taking of Witness Statements

Preparing for a Witness Interview

The Witness Interview and Statement Preparation

Witness Support

Immunities

Privilege

Medical Evidence and Capacity

11. Oral Evidence and Hearings

Introduction

Procedure

Preliminary Hearings

Additional Procedural Hearings

Commencing the Inquiry's Substantive Hearings

General Structure of the Substantive Hearings

Giving Evidence to the Inquiry

Meeting with Witnesses in Advance of Giving Evidence?

The Order in Which Witnesses will be Called

Putting Written Statements into the Inquiry Record

The Role of Counsel to the Inquiry

Reviewing Evidence on a Rolling Basis

Questioning Witnesses

Suggesting Questions to Counsel to the Inquiry

Arguments for and against Limiting Questioning to Counsel to the Inquiry

Expertise of Core Participants and Interested Parties

Managing and Fielding Questions from Core Participants or Interested Parties

Time Pressure

Public Access and Restriction Notices and Orders

Examples of Restriction Orders and Notices Made

The Media and Hearings

Managing Private and Closed Hearings

12. Assessors, Seminars and Experts

Introduction

The Role of Assessors

Advantages and Disadvantages of Appointing Assessors or Advisers

Expert Witnesses

Advantages and Disadvantages of using Expert Witnesses

Seminars

Managing Seminars 7

13. Warning Letters and Rules 13, 14 and 15

Introduction

The Salmon Principles, Maxwellisation and the Evolution of Warning Letters

Optional and Mandatory Warning Letters

Practical Difficulties Associated with Serving Warning Letters before Evidence is Given

Are Warning Letters before Evidence is Given Necessary?

To Whom Will the Warning Letter be Sent?

What does a Warning Letter Contain?

Mandatory Warning Letters: What is an 'Explicit or Significant Criticism'?

What Happens aft er a Response is made to a Warning Letter?

Confidentiality

The Practical Steps to Preserve Confidentiality

Future of Rule 13?

14. Preparing and Publishing the Report

Introduction

What is Included in the Report? 1

Who Writes the Report?

Reviews and Checks

Number of Recommendations and Public Understanding

Publication, Withholding of Information and Laying before Parliament

Procedure for Publication of the Report

Advance Access to the Report and the Lock-in Procedure

Implementation

Challenging Decisions

15. Closing Down the Inquiry

Introduction

Document Retention and Archiving: Planning and Implementation

Lessons Learned

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