The Practical Guide to Public Inquiries

ISBN-13: 9781509968718 / Angielski / Miękka / 2023 / 328 str.

Isabelle Mitchell; Peter Watkin Jones; Sarah Jones

Opis

This practical guide provides legal practitioners, participants, witnesses and all those with an interest in public inquiries, with stage-by-stage ‘hands on’ guidance on 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 looks at the setting up of a public inquiry through to its close. It includes information on: - the appointment of the chair 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.

Spis treści

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