Inquiries Act 2005
Encyclopedia
The Inquiries Act 2005 (c 12) is an Act
of the Parliament of the United Kingdom
. According to the Department for Constitutional Affairs
, the Act "is designed to provide a framework under which future inquiries, set up by Ministers into events that have caused or have potential to cause public concern, can operate effectively to deliver valuable and practicable recommendations in reasonable time and at a reasonable cost." http://www.dca.gov.uk/legist/inquiries.htm.
's Joint Committee on Human Rights
has voiced concerns about certain aspects of the Act http://www.publications.parliament.uk/pa/jt200405/jtselect/jtrights/26/2605.htm, as have the Law Society of England and Wales
.
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." http://web.amnesty.org/pages/gbr-030605-action-eng
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.
The Canadian
Judge Peter Cory, who was commissioned by the British and Irish
governments to investigate the possibility of state collusion in six high-profile murders, is also a critic. He recommended public inquiries into four of the killings, but has strongly condemned the legislation that quickly followed. In a letter read at a hearing of the United States House Foreign Affairs Subcommittee on Africa, Global Human Rights and International Operations Subcommittee while the legislation was pending, Cory stated:
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.'"http://www.pittsburghirish.org/IAUC/newsletter/Archive/april.htm
Indeed, the Act repealed the entirety Tribunals of Inquiry (Evidence) Act 1921 which had allowed Parliament to vote on a resolution establishing a tribunal that had "all such powers,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" and placed the power solely under the control of a Minister.http://www.theyworkforyou.com/debates/?id=2009-03-25c.312.1#g337.8
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. According to the Department for Constitutional Affairs
Department for Constitutional Affairs
The Department for Constitutional Affairs was a United Kingdom government department. Its creation was announced on 12 June 2003 with the intention of replacing the Lord Chancellor's Department...
, the Act "is designed to provide a framework under which future inquiries, set up by Ministers into events that have caused or have potential to cause public concern, can operate effectively to deliver valuable and practicable recommendations in reasonable time and at a reasonable cost." http://www.dca.gov.uk/legist/inquiries.htm.
Criticisms
The Parliament of the United KingdomParliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
's Joint Committee on Human Rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
has voiced concerns about certain aspects of the Act http://www.publications.parliament.uk/pa/jt200405/jtselect/jtrights/26/2605.htm, as have the Law Society of England and Wales
Law Society of England and Wales
The Law Society is the professional association that represents the solicitors' profession in England and Wales. It provides services and support to practising and training solicitors as well as serving as a sounding board for law reform. Members of the Society are often consulted when important...
.
Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
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." http://web.amnesty.org/pages/gbr-030605-action-eng
The family of Pat Finucane, a solicitor killed by loyalist
Ulster loyalism
Ulster loyalism is an ideology that is opposed to a united Ireland. It can mean either support for upholding Northern Ireland's status as a constituent part of the United Kingdom , support for Northern Ireland independence, or support for loyalist paramilitaries...
paramilitaries in Belfast
Belfast
Belfast is the capital of and largest city in Northern Ireland. By population, it is the 14th biggest city in the United Kingdom and second biggest on the island of Ireland . It is the seat of the devolved government and legislative Northern Ireland Assembly...
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.
The Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
Judge Peter Cory, who was commissioned by the British and Irish
Irish Government
The Government of Ireland is the cabinet that exercises executive authority in Ireland.-Members of the Government:Membership of the Government is regulated fundamentally by the Constitution of Ireland. The Government is headed by a prime minister called the Taoiseach...
governments to investigate the possibility of state collusion in six high-profile murders, is also a critic. He recommended public inquiries into four of the killings, but has strongly condemned the legislation that quickly followed. In a letter read at a hearing of the United States House Foreign Affairs Subcommittee on Africa, Global Human Rights and International Operations Subcommittee while the legislation was pending, Cory stated:
The chairman of the hearing, Representative Chris Smith, declared that "the bill pending before the British Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
should be named the 'Public Inquiries Cover-up Bill.'"http://www.pittsburghirish.org/IAUC/newsletter/Archive/april.htm
Indeed, the Act repealed the entirety 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" and placed the power solely under the control of a Minister.http://www.theyworkforyou.com/debates/?id=2009-03-25c.312.1#g337.8
External links
- The Inquiries Act 2005, as amended from the National Archives.
- The Inquiries Act 2005, as originally enacted from the National Archives.
- Explanatory notes to the Inquiries Act 2005.
- Department for Constitutional Affairs - Legislation - Inquiries Act. Snapshot dated 17 January 2009. From the National Archives.