Clause 1 - Power to establish inquiry

Part of Inquiries Bill [Lords] – in a Public Bill Committee am 10:30 am ar 22 Mawrth 2005.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mrs Anne Campbell Mrs Anne Campbell Llafur, Cambridge 10:30, 22 Mawrth 2005

I am afraid that I will disappoint my hon. Friend because I am not convinced by his arguments. Defining politically sensitive inquiries is not easy or straightforward, but many of the witnesses who gave evidence to the Select Committee inquiry were able to describe the inquiries that were at issue. The challenge is to craft legislation that enables Parliament to have some involvement rather than ruling out that ability. That is what I have tried to do.

The Minister argued that practically any inquiry would have to be set up under this provision or risk legal challenge, and of course inquiries have been subject to legal challenge. The most notable was the Shipman inquiry, which was originally chaired by Lord Laming and held in private. That decision was challenged by relatives of the victims of Harold Shipman, and the subsequent inquiry was held in public, so there have been legal challenges to ministerial decisions.

The Government have also argued that inserting provisions for parliamentary involvement would subject the inquiry to delay and perhaps even prevent the possibility of having an urgent inquiry. In fact, no amendment would prevent the Government from announcing their intention to hold an inquiry as soon as they thought it expedient to do so, subject, of course, to any parliamentary procedures.

When the Select Committee took evidence from chairmen of inquiries and members of the public, we heard quite a lot about the rather haphazard way in which chairmen were tracked down and asked to   preside over inquiries. Several chairmen told us that they had found themselves agreeing to terms of reference rather speedily. There were one or two exceptions in which chairmen took time to think about the terms of reference and possibly return to the Minister and discuss them with him. However, the evidence points to the need for more time and for parliamentary consideration, rather than the haste with which some inquiries are currently established. That can lead to criticism, but the involvement of Parliament would absolve Ministers from some of the criticism that they may have experienced in the past.

The Minister again reminded me that Parliament already has the power to establish any inquiry it wishes, with any powers it deems fit. That is true, but in practice the availability of parliamentary time to debate any such resolution, other than one brought forward by the Government, is largely in the hands of Government business managers. The Select Committee suggested that that problem might be overcome through use of the Liaison Committee, but in short what is required is some surety of parliamentary involvement should Parliament see fit to involve itself in the way that we are discussing.