Chapter 18 End-of-chapter questions

Over the last few decades, many high-profile inquiries have been set up to deal with a range of issues of public concern. Match each of the inquiries below to a description of their role.

An investigation into the death of a black teenager at the hands of the police and the wider attitude of British police to racism issues.

An investigation into the conduct of the British press, especially surrounding allegations of prevalent phone hacking practices.

An investigation into the actions of the British armed forces in Northern Ireland, resulting in 14 civilian deaths.

An investigation into the circumstances surrounding the fire which broke out in a block of high-rise flats in London.

An investigation into the lead-up to the Blair government's involvement in the Iraq War.

An investigation into the suicide of David Kelly, a scientist involved in the controversial issue of whether 'weapons of mass destruction' existed in Iraq in the early 21^st century.

An important question is whether inquiries are truly effective mechanisms for ensuring political accountability. Despite the fact that they are resorted to relatively frequently, and that certain inquiries do achieve a high political profile, which of the following provide cogent examples of the limitations of public inquiries? Select all that apply.

Inquiries cannot access materials easily. They have only limited powers to call witnesses and examine documents.

Because inquiries take a long time, ministers can utilise inquiries to postpone dealing with the consequences of their actions until a later date, and possibly to a time when they are no longer in government.

Compliance with the reports and recommendations published by inquiries is not enforceable. Compliance may sometimes be politically expedient, but there is no way for the inquiry itself to ensure that this occurs.

The government has control over whether to set up an inquiry, the conditions under which it operates, and who chairs the panel. This can allow the government to create an environment which will be favourable – or at least less hostile – towards it.

Inquiries can take a long time and cost a lot of money. Some may consider that they do not provide good value for money as a result.

Inquiries are only very rarely taken seriously by the government and politicians.

Inquiries can perform a number of functions. Match each function below with an appropriate example.

Increase public confidence in the state machinery

Uncover and bring to light the true facts

Promote catharsis or reconciliation

Educate and prevent negative events from re-occurring

What role do courts have in relation to inquiries?

Courts can enforce the recommendations of inquiries if the government refuses to accept or implement them.

Courts can be used to compel witnesses to attend inquiries and to procure documents and other information requested by the inquiry.

Courts can assess judicial review applications over the decision of ministers not to hold an inquiry, the conditions under which the inquiry operates and whether the inquiry satisfies human rights standards.

Courts can be used as a mechanism by which members of inquiries can pursue criminal charges against individuals.

We can learn a lot about how inquiries work by examining some of the more prolific inquiries which operated over the last few decades. Match each of the inquiries below to what it shows about the nature of inquiries.

Inquiries can lead to legislative results: in this case, Parliament passed legislation regulating the use of human tissue a few years after the inquiry's report was published.

Whilst ministers can choose the conditions under which inquiries conduct their business, their decisions in this respect can be challenged: in this case, the decision to hold a closed inquiry was invalidated by the courts.

Inquiries can cost a great deal of money and take a very long time: this Inquiry cost the government £192 million and took some twelve years to complete.

Whilst ministers retain discretion as to whether to order an inquiry or not, this decision can be challenged via judicial review. This inquiry was set up only after the courts declared the minister's initial refusal to do so invalid.

The recommendations of inquiries cannot be enforced; in this case, whilst some of the inquiry's recommendations were put into effect, a significant part of them were dropped after years of deliberation.

Inquiries are respected because they are seen as impartial and not party-political. This is one reason why judges so frequently chair them. However, in this case, the judge fronting the inquiry was criticised for showing behaviour which was deemed too loyal to the government.

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