Public inquiries

Problem scenario

Emeli is part of a group of families whose sons and daughters were killed during British military action in the Middle East. They are concerned that their relatives’ deaths were at least partly due, to using equipment unsuitable for warfare in the desert. They believe that the Secretary of State for Defence at the time, Alain Baird had ordered his civil servants to purchase machine guns from Incerta Dynamics, who were not an approved by the Ministry of Defence to supply machine guns. At the time of the deaths, military experts at the time questioned why these guns were being used, as these guns were unsuitable for desert conditions, and at least five British military personnel were killed when using these guns. Two years after resigning from the government, it has now been announced that Alain Baird has taken up a position on the board of Incerta Dynamics. Following this announcement, rumours regarding Baird’s period as Defence Secretary are now being reported in the newspapers. This includes photographs of Baird in a meeting with representatives of Incerta Dynamics at a hotel in Monaco.

Analysing the scenario

Emeli and the other members of her group should seek a public inquiry. This has become a high-profile issue and there is the potential for a major scandal to emerge out of these facts. Potentially Alain Baird, a former Secretary of State for Defence, when in office, forced the Ministry of Defence to purchase unsuitable equipment. The suspicion is that he may have done so for his own personal gain. This is particularly controversial as the equipment purchased may have contributed to the death of British soldiers. This is clearly a matter of public concern. The inquiry would seek to establish the facts. The inquiry would be likely to want to establish whether the guns used did, as a matter of fact, contribute to British soldiers losing their lives. The inquiry could also consider whether Alain Baird forced the Ministry of Defence to purchase the faulty equipment and the nature of his relationship with Incerta Dynamics. The inquiry may also fulfil a policy function by considering how contact between senior ministers and arms companies should be conducted in the future to avoid allegations of impropriety. However, what the inquiry would be able to investigate would very much depend on its terms of reference.

On the face of it, it also appears that a judge would chair the inquiry. They would be able to consider the evidence, reaching a conclusion as to the facts. The scandal would have the potential to be seriously embarrassing for the government, and the appointment of a judge would indicate that they would be taking it seriously. This potential inquiry would have to be careful to avoid determining any criminal or civil liability of Alain Baird. The judge could be assisted by experts, particularly when reaching conclusions as to the future relationships between senior ministers and the arms industry. A factor against a judicial involvement is the political controversy that the inquiry is likely to give rise to.

It is also possible that the inquiry could be both public and private. If the inquiry was established under the Inquiries Act 2005, then there is a presumption that it would be held in public, but that some elements could be ‘restricted’ and held in private. It is likely that the inquiry would raise some questions of national security, and under section 19 of the 2005 Act these issues could be considered privately.

On these facts, any inquiry is likely to be high profile and attract significant media coverage. This means that it is inevitable that any recommendations an inquiry reaches will become a matter of public and political debate. It is not guaranteed that the government will accept all the inquiry’s recommendations. However, given the level of public interest, it would be likely that the relevant select committee will want to review how the government responds to the inquiry. This reflects how an inquiry such as this is inevitably a matter of politics, and this conditions the response to any recommendations it makes.