Short answer
A public inquiry under the Inquiries Act 2005 is an investigation set up by a government minister into events of public concern, led by a chair who can compel witnesses and documents, but which cannot rule on anyone's civil or criminal liability.
Key takeaways
- A minister decides whether to hold a statutory inquiry and sets its terms of reference after consulting the chair.
- The chair can require people to give evidence and produce documents, and failing to comply without reasonable excuse is an offence.
- Inquiries do not determine civil or criminal liability, although their findings may lead others to act.
- Hearings are public by default, but restriction notices and orders can limit what is published.
- A non-statutory review has no power to compel evidence, which is one of the main differences.
When something goes badly wrong in public life, one of the first questions is whether there will be a public inquiry. In the UK, that phrase usually refers to an inquiry held under the Inquiries Act 2005. The Act sets out who can start one, what powers it has and what it cannot do. This explainer walks through those rules in general terms. It does not describe any particular inquiry.
Who decides to hold a public inquiry?
A government minister decides whether to establish an inquiry under the Act, and announces it to Parliament or the relevant devolved legislature.
Section 1 allows a minister to cause an inquiry to be held where particular events have caused, or may cause, public concern, or where there is public concern that particular events may have occurred. In Northern Ireland, Scotland and Wales, ministers in the devolved governments can establish inquiries into matters within their responsibilities.
The minister also appoints the chair and any other panel members. Section 6 requires the minister to inform Parliament, or the relevant Assembly or Parliament, as soon as is reasonably practicable, with the name of the chair and the terms of reference.
What are terms of reference?
Terms of reference define what an inquiry is to investigate, and under section 5 the minister sets them after consulting the proposed chair.
They usually describe the events to be examined, the period covered and the questions the inquiry should answer. They matter because an inquiry cannot stray far outside them. Ministers can amend the terms later if it is in the public interest, again after consulting the chair.
Terms of reference are published, and they are often the best single document for understanding what an inquiry will and will not look at.
What powers does the chair have?
The chair can require people to attend as witnesses, give evidence and produce documents, and failing to comply without reasonable excuse is a criminal offence.
These powers are in section 21. A notice can require a person to attend at a set time and place, give evidence, produce documents in their custody or control, or provide a written statement. Section 35 makes it an offence to fail without reasonable excuse to do what a notice requires, or to destroy or alter relevant evidence.
The chair also decides procedure. Under section 17, the procedure and conduct of the inquiry are for the chair, subject to the Act and the Inquiry Rules 2006, and the chair must act with fairness and with regard to the need to avoid unnecessary cost.
What can a public inquiry not do?
An inquiry has no power to determine any person's civil or criminal liability, and it cannot convict anyone or award compensation.
Section 2 says this directly. It also says the inquiry is not to be inhibited by the likelihood that liability may be inferred from the facts it finds. In practice, an inquiry finds facts and makes recommendations. Prosecutors, regulators, employers and courts decide what happens next.
The Inquiry Rules 2006 also include a warning-letter process. Before a report criticises someone, the chair may send that person a confidential letter setting out the proposed criticism, so they have a chance to respond.
Are inquiries held in public?
Public access is the default, but the minister or the chair can restrict access to hearings or evidence for specific reasons.
Section 18 provides for the public to attend hearings and see records of evidence, subject to restrictions. Section 19 allows restriction notices from the minister and restriction orders from the chair. Grounds include national security, protecting individuals from harm and protecting confidential information.
| Feature | Inquiry under the 2005 Act | Non-statutory review or inquiry |
|---|---|---|
| Set up by | A minister, under section 1 | A minister or public body, on any basis |
| Power to compel witnesses and documents | Yes, section 21 | No |
| Offence for non-compliance | Yes, section 35 | No |
| Can determine liability | No | No |
| Public hearings | Default, with restrictions possible | Depends on the terms set |
How does an inquiry end?
An inquiry ends when its chair delivers a report to the minister, or earlier if the minister brings it to an end under section 14.
Section 24 requires the chair to deliver a report setting out the facts and any recommendations. Section 25 deals with publication, which is normally done by the minister, with any material withheld only on the grounds the Act allows. The report is then laid before Parliament or the relevant Assembly.
The minister also has a power under section 13 to suspend an inquiry, for example to allow other proceedings to finish. Both powers have to be explained publicly.
How is this different from an inquest?
An inquest is a court process led by a coroner that answers who died, and when, where and how they came by their death, while a public inquiry can examine wider events, policies and institutions.
Inquests and inquiries can overlap. Sometimes an inquest is converted into, or replaced by, an inquiry, for example where material cannot be heard in an inquest. Section 15 of the Act also allows some other kinds of inquiry to be converted into an inquiry under the Act.
For a worked example of a non-statutory process, our reader's guide to the 2012 report explains how that review was set up and what it was asked to do. Other explainers on inquests, inquiries and legacy are collected under Legacy & the Troubles.
Questions
Who chooses the chair of a public inquiry?
The minister who sets up the inquiry appoints the chair, and may appoint other panel members. Section 9 of the Act requires the minister not to appoint anyone with a direct interest in the matters under investigation, or a close association with an interested party, unless that would not reasonably be seen as affecting impartiality.
Can a public inquiry send someone to prison?
No. An inquiry cannot convict anyone or award damages. Its report can still contain findings of fact, and prosecutors, regulators or courts may later act on evidence it has gathered.
Are all public inquiry hearings open to the public?
The default under section 18 is public access to hearings and evidence. Restrictions are possible under section 19, for example to protect national security, personal safety or confidential information.
How long do public inquiries take?
There is no fixed time limit. Large inquiries with many witnesses and documents have often run for several years, and the timetable is set by the chair within the terms of reference.