I am a member of the Select Committee on Public Administration, which discussed the Bill at length. Our discussions were preceded by an investigation here and in the United States to discover the best form of conducting inquiries.

The Public Administration Committee’s conclusion was that since the 1921 Act, Parliament had to a large extent contracted out its responsibility to conduct inquiries. However, the 1921 Act still gives Parliament a role relating to Ministers’ conduct. It is important not to confuse the word “conduct” with “misconduct”, because there is a role for Parliament to examine the conduct of Ministers not when there has been misconduct but when their conduct is considered to be politically sensitive.

The Select Committee felt that since the 1921 Act, in a gradual process that has continued for many years, Parliament had relinquished its responsibility for, and its involvement in, inquiries. Many members felt that it was time for Parliament to grasp the reins and take back some control of the inquiry process, especially for inquiries into politically sensitive matters. We suggest that there should be a parliamentary commission of inquiry, perhaps modelled on Privy Council inquiries such as the Falklands review in 1983 or the Butler inquiry.

The new clause would address two distinct but complementary issues. The first is the extent of parliamentary involvement in some, but not all, inquiries and the second is the form that they should take. I confess that the proposal was suggested by the Select Committee, not by me, although I am the only member who signed it. The new clause would provide for inquiries into the conduct of Ministers of the Crown by means of an Order in Council, subject to a resolution of both Houses. That addresses the first issue, which is parliamentary involvement.

The new clause suggests that Parliament should have a role in deciding the form that the inquiry takes, and should be able to debate and decide on

“the appointment of the chairmen and members of the inquiry panel,

(b)prescribe the terms of reference of the inquiry,

(c)make such other provision in respect of the setting-up date and for other purposes ...

(d)make such modification and adaptations of this Act as may appear necessary or expedient for the purpose of giving effect to the Resolution” already passed by the House.

Many of the arguments were explored in the previous debate, and I do not want to spend a long time going through many of them again. I understand that the Government remain opposed to the Committee’s proposals for amending the Bill and using parliamentary commissions. It is true that my amendment and new clause would make it mandatory for Ministers to call an inquiry once a parliamentary resolution was passed. Also, the Government have complained that my proposals are ambiguous, in that there would still be pressure for inquiries from those hoping to influence terms of reference or membership; however, that could be overcome by parliamentary debate. It is true that the proposals may slightly delay the setting up of an inquiry, but I am sure that there are parliamentary procedures that could be used to overcome the delays that would occur if the House refused to pass the necessary resolutions or wished to argue about them. The Government have also argued that the proposals are excessive, in that they go beyond the provisions of the 1921 Act.

I am surprised that the Government have not taken this opportunity to do something more radical than simply tidy up the legislation. Baroness Ashton said in a letter to the Committee:

“I confess I had not seen this Bill as one of substantial constitutional significance. It is very much a consolidation measure. It does not introduce any new constitutional ideas, but   is designed to provide a single, UK wide framework that would be suitable for any future statutory inquiry into events that have caused public concern.”

If we accept that that is what the Bill is about, we are missing an opportunity to involve Parliament in the inquiry process in a way that it has not been involved since the 1921 Act. In proposing the new clause, I suggest that Parliament be involved in the examination of ministerial conduct, because I believe that that is our role. We are here to hold the Executive to account, and we would be relinquishing that responsibility if we allowed the Bill to be passed in its current form. I shall listen carefully to what the Minister and Opposition Members have to say, and I hope to reply to some of their arguments.