by the Parliamentary Under Secretary of State
Baroness Ashton of Upholland
Draft rules of procedure to accompany the Inquiries Act 2005 will be published for public consultation later today. Copies will be placed in the Libraries of both Houses. The consultation is aimed at those people with an interest in and experience of inquiries.
The Inquiries Act received Royal Assent on 7 April 2005 and the provisions were commenced from 7 June. The Act provides a framework for inquiries within the United Kingdom, established by Ministers, into events that have caused or are capable of causing public concern. Section 41 of the Act contains provisions for the making of rules.
The rules are intended to build upon the best practice of recent inquiries. In particular they set out the procedures for applying for publicly funded legal representation, requiring rates and extent of work to be agreed in advance. This is intended to help the inquiry control costs and avoid disputes over the payment of bills. The rules also assist the chairman in controlling oral proceedings and seek to prevent extensive and costly cross-examination procedures.
Once laid, the rules would apply to all inquiries established by UK Ministers. Devolved Administrations have powers to make rules in respect of any inquiries for which they are responsible. Where an inquiry covers issues that cross administrations the commissioning Minister, or Ministers, in respect of joint inquiries, would specify which set of rules was to be applied, or whether a combination of rules was to be adopted.