Inquiries Act 2005

From Wikipedia, the free encyclopedia

The Inquiries Act 2005 (c.12) is an Act of the Parliament of the United Kingdom. It came into effect in the United Kingdom on 7 June 2005. According to the British government, the Act "is designed to provide a framework under which future inquiries, set up by Ministers into events that have caused or have potential to cause public concern, can operate effectively to deliver valuable and practicable recommendations in reasonable time and at a reasonable cost." [1]. The British parliament's Joint Committee on Human Rights has voiced concerns about certain aspects of the Act [2], as have the Law Society of England and Wales.

Amnesty International has asked members of the British judiciary not to serve on any inquiry held under the Act, as they contend that "any inquiry would be controlled by the executive which is empowered to block public scrutiny of state actions." [3]

The family of Pat Finucane, a solicitor killed by loyalist paramilitaries in Belfast in suspicious circumstances, have announced they will not be co-operating with a forthcoming inquiry into the events surrounding his death if it is held under the terms of the Act.

The Canadian Judge Peter Cory, who was commissioned by the British and Irish governments to investigate the possibility of state collusion in six high-profile murders, is also a critic. He recommended public inquiries into four of the killings, but has strongly condemned the legislation that quickly followed. In a letter read at a hearing of the United States House Foreign Affairs Subcommittee on Africa, Global Human Rights and International Operations Subcommittee while the legislation was pending, Cory stated:

The chairman of the hearing, Representative Chris Smith, declared that "the bill pending before the British Parliament should be named the 'Public Inquiries Cover-up Bill.'"[4]

Indeed, the Act repealed the entirety Tribunals of Inquiry (Evidence) Act 1921 which had allowed Parliament to vote on a resolution establishing a tribunal that had "all such powers, rights, and privileges as are vested in the High Court"[5] and placed the power solely under the control of a Minister.[6]