Public inquiry

A public inquiry is an official review of events or actions ordered by a country's, state's, or province's government. A public inquiry differs from a Royal Commission in that a public inquiry accepts evidence and conducts its hearings in a more public forum and focuses on a more specific occurrence. Interested members of the public and organisations may not only make (written) evidential submissions as is the case with most inquiries, but also listen to oral evidence given by other parties.

Typical events for a public inquiry are those that cause multiple deaths, such as public transport crashes or mass murders. However, in the UK, the Planning Inspectorate, an agency of the Department for Communities and Local Government, routinely holds public inquiries into highways and other transport proposals.

Pressure groups and opposition political parties are likely to ask for public inquiries for all manner of issues. The government of the day typically only accedes to a fraction of these requests. Inquiries are requested not only for the genuine public good, but also in attempt to make the government look bad - either by allowing the inquiry to go ahead and uncover mistakes by the government or by making the government refuse and leave the impression that they have something to hide. A public inquiry generally takes longer to report and costs more on account of its public nature. Thus when a government refuses a public inquiry on some topic, it is usually on these grounds.

The conclusions of the inquiry are delivered in the form of a written report, given first to the government, and soon after published to the public. The report will generally make recommendations to improve the quality of government or management of public organisations in the future.

Republic of Ireland

In the Republic of Ireland, public inquiries (Irish: "fiafrai poiblí"), known popularly as tribunals ("binse breithimh"), have become much used in recent years. While they have been the subject of many dramatic revelations in Irish politics, they have also become known for running long beyond their intended length - the extreme case being the Planning Tribunal (previously the Flood Tribunal) which is currently in its eighth year and has heard 615 days of evidence so far.

Inquiries in the Republic of Ireland are governed under Section 1 of the Tribunals of Inquiry (Evidence) Act of 1921. (This act, being a UK statute enacted before the setting up of the Irish Free State, continues to apply for the time being in the Republic of Ireland). It has, however, been amended since by several Acts of the Oireachtas. The chair of the inquiry is mandated by the Oireachtas (following resolutions in both the Dáil and the Seanad) to carry out the inquiry into matters of urgent public importance by a Warrant of Appointment. The terms of reference of the inquiry are given as part of that warrant.

Tribunals of Inquiry are invested with the powers, privileges and rights of the Irish High Court. It is not a function of a Tribunal to administer justice, their work is solely inquisitorial. Tribunals are required to report their findings to the Oireachtas. They have the power to enforce the attendance and examination of witnesses and the production of relevant documents. Tribunals may consist of one or more persons, though the practise has been to appoint a Sole Member. Tribunals may sit with or without Assessors (who are not Tribunal members). Sittings are usually held in public but can, at the Tribunals discretion, be held in private.

List of public inquiries

* 1926: Retail prices of articles in general consumption"
* 1926: Ports and Harbours
* 1928: Shooting of Timothy Coughlin
* 1929: Whether mixture of maize meal and maize products with home-grown cereals would be in the national interest
* 1930: Marketing of butter
* 1933: Pig production
* 1934: Grading etc. of Fruit and Vegetables
* 1935: Town Tenants
* 1936: Pearse Street Fire
* 1938: Public Transport
* 1943: Fire at St. Josephs Orphanage, Cavan
* 1943: Dealings in Great Southern Railway Stocks between 1 January 1943 and 18 November 1943
* 1946: Allegations concerning Parliamentary Secretary
* 1947: Disposal of Distillery of John Locke and Co. Ltd., Kilbeggan
* 1957: Cross Channel Freight Rates
* 1967: Death of Liam O'Mahony in Garda custody
* 1969: Television programme on illegal moneylending
* 1975: Allegations made by two Members in the Dáil against the Minister For Local Government
* 1979: Costello Inquiry into the Whiddy Island Disaster
* 1981: Tribunal of Inquiry into the Stardust Disaster
* 1984: The Kerry Babies Tribunal to determine the cause of death/connection between the bodies of two babies found within a short period of time in County Kerry
* 1991: Tribunal of Inquiry into the Beef Industry, chaired by Mr Justice Liam Hamilton
* 1997: Tribunal of Inquiry into Payments to Politicians by Ben Dunne - the McCracken Tribunal.
* 1996: Hepatitis C scandal
* 1997- "Ongoing": Tribunal of Inquiry (Dunnes Payments) (follow-up), the Moriarty Tribunal
* 1997- "Ongoing": Tribunal of Inquiry into Certain Planning Matters and Payments, now known as The Mahon Tribunal
* 1999: Lindsay Tribunal
* 2002-2006: Tribunal of Inquiry into the siege and shooting of John Carthy in Abbeylara, County Longford, the Barr Tribunal
* 2002-"Ongoing": Tribunal of Inquiry into complaints concerning some Gardaí of the Donegal Division, the Morris Tribunal
* 2005- "Ongoing": (Sole Member: Patrick MacEntee SC QC)

United Kingdom

An inquiry is usually chaired by a well-known and well-respected member of the upper echelons of British society, such as judge, lord, professor or senior civil servant.

List of selected public inquiries

*Fraser Inquiry into the construction of the late and overbudget Scottish Parliament Building. Reported September 15, 2004.
*Hutton Inquiry - an investigation into the circumstances surrounding the suicide of weapons of mass destruction expert David Kelly. Chaired by Lord Hutton of Bresagh, announced August 2003. Inquiry began September 2003. Reported January 2004.
*Shipman Inquiry - an investigation into the issues surrounding the case of mass murderer Harold Shipman. Chaired by Dame Janet Smith. Announced September 2000. Inquiry began February 2001. First report July 2002.
*Cullen Inquiry - an investigation into the shootings at Dunblane Primary School by Thomas Hamilton on 13 March 1996. Chaired by Lord Cullen. Announced March 1996. Reported September 1996.
*The May Inquiry (1989); eventually transformed into the Royal Commission on Criminal Justice.
*The Bristol Inquiry - an investigation into children's heart surgery carried out at the Bristol Royal Infirmary Hospital between 1984 and 1995. Chaired by Professor Ian Kennedy. First met October 1998. Reported July 2001.
*Laming Inquiry - an investigation into the circumstances surrounding the death of Victoria Climbié. Chaired by Lord Laming. Reported January 2003.
*Ladbroke Grove Rail Inquiry - an investigation into the rail crash outside Paddington in October 1999. Chaired by Lord Cullen. First part reported July 2000. Joint inquiry into Ladbroke Grove and Southall crashes began September 2000, reported December 2000.
*Aberfan disaster inquiry - an investigation into what caused a tip of coal waste to slide into Pantglas Junior School in Aberfan, killing 144 on October 21, 1966. The Inquiry represents something of a watershed, particularly into inquiries related to coal-mining disasters. Prior inquiries are usually described by historians as whitewashes. This inquiry openly and damningly blamed the disaster on the National Coal Board. Chaired by Sir Herbert Edmund Davies. Opened October 1966. Reported August 1967.
*Reports of the commissioners of enquiry into the state of education in Wales, 1847
*The Saville Inquiry (1998) into "Bloody Sunday" — the killing of 14 people by soldiers of the Parachute Regiment in Derry on 30 January 1972.
*The Widgery Tribunal (1972), also concerned with the Bloody Sunday shootings.
*Lynskey tribunal (1948) to investigate allegations of corruption in the government and civil service.

ee also

*Royal Commission
*Tribunal

References

* [http://www.taoiseach.irlgov.ie/index.asp?docID=403 Department of the Taoiseach]