The Practical Guide to Public Inquiries

Table of Contents:
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

About the Author :
Isabelle Mitchell is Principal Associate at Eversheds Sutherland (International) LLP. Peter Watkin Jones is Consultant and former Eversheds partner and Head of the Eversheds' Inquiries and Investigations Team. Sarah Jones is a Partner and Head of the Inquiries and Investigations team at Eversheds Sutherland (International) LLP. Emma Ireton is Senior Lecturer in Law at Nottingham Trent University.

Review :
The book offers a lucid and accessible foundation in the practicalities of establishing, running and concluding a public inquiry. Its coverage is comprehensive, and it will be a boon to those lawyers and civil servants working for an inquiry … For those wanting an insight into public inquiries, this will be the go-to book. The authors are to be complimented on an impressively comprehensive and authoritative guide to public inquiries. It addresses every aspect of their establishment and conduct, and provides clear guidance supplemented by eminently practical checklists, a boon to the busy practitioner. Such a guide is much needed, and will prove invaluable to all those involved in the wide range of statutory, non-statutory and other forms of inquiry that have become such a feature of our public life. This concise guide to inquiries … fills a serious gap. It sets out to offer practical guidance on public inquiry procedure for inquiry teams, legal practitioners, participants, witnesses and all those interested in the public inquiry process and does this very well. The authors are well qualified; three work in the Inquiries and Investigations Team at Eversheds and Emma Ireton is a law lecturer who has researched inquiries for many years. The account is comprehensive; it follows the course of an inquiry from the pre-inquiry stage to the post-inquiry stage of 'lessons learned'. The layout is easy to follow and, with its many examples of 'best (and worst) practice', those readers who are merely 'interested in the public inquiry process' will find it a good read. The Practical Guide to Public Inquiries not only does exactly what it says on the tin but it does so with style and a level of detail that mines every conceivable aspect of the Public Inquiry process from its inception to ultimate conclusion. It will rapidly become essential reading for all those so engaged whether they be government officials tasked with setting up an inquiry, panel members, lawyers or members of the press or individuals, interested groups and families affected by the outcome. I found the use of boxed quotations and check lists to be of particular value in making this both a comprehensive and user-friendly tool for all concerned. My view is that this is an invaluable practitioners' guide for anyone coming to inquiry or investigative work whether in the public or private fields. The contributors list the major inquiries of the last twenty years; their expertise comes from having been in just about all of them. They cover every aspect of setting up an Inquiry from appointment of a Chair and their duties to data security and storage. I have already used it and will keep it with me.