Why was it introduced?
Public inquiries have long been part of the United Kingdom’s constitutional apparatus, and are acknowledged to play an important role in British public life and in ensuring accountability. They are often called for and used when it appears as though something has gone seriously wrong on either a societal or governmental level. Inquiries may be used to establish factual circumstances and chains of events, as well as to help determine accountability and to develop future public policy. However, there has traditionally been little statutory control over Public Inquiries. The Inquiries Act 2005 was introduced after public pressure and disquiet at the length and expense caused by the Saville Inquiry into the Bloody Sunday massacre, which took over 12 years to complete at a cost of £192m. It was felt that stronger ministerial control over the launching and scope of inquiries was needed to prevent such huge amounts of money and time being spent on future inquires.
What was the aim of the Act?
The aim of the Inquiries Act 2005 was to establish a statutory framework under which Public Inquiries were to be conducted on matters of public concern. In addition, it was intended to consolidate and re-affirm existing legislation and rules of evidence such as the Tribunals of Inquiry (Evidence) Act 1921 which it replaced. Under s1(1) Tribunals of Inquiry (Evidence) Act 1921 it was considered the role of both Houses of Parliament to establish whether or not an inquiry into a matter of public concern was required on a statutory basis. The Royal Prerogative could, however, be used to allow Ministers of the Crown to establish non-statutory inquiries. The Inquiries Act 2005 sought to allow Ministers to instigate inquiries, and to retain control over their process, the constitution and appointment of the panel of arbiters of fact and law, and control over the conclusion of the process in an attempt to ensure that future inquiries would not overrun to the same extent as the Saville Inquiry did.
It is important to note that whilst the Inquires Act 2005 consolidated the law with regards the process for the instigation of public inquiries launched on a statutory basis, this is non-exhaustive, and as a result, non-statutory inquiries remain capable of being instigated by any member of the public, body, or Parliament itself or a Minister under the use of the Prerogative. However, for public inquiries launched under the provisions of the Act the main changes to the law are as follows.
What main changes did it make to the law?
Firstly, the Tribunals of Inquiry (Evidence) Act 1921 is repealed by the Act. As such, the Act is now the sole basis for statutory inquiries and these are now instigated by Ministers. Under s1(1) of the Act, a Minister may now cause an inquiry to be held under the act where it appears to him that particular events have caused, or are capable of causing public concern, or there is public concern that particular events may have occurred.
In addition, an important provision is s15 of the Act which empowers the Minister to convert non-statutory inquiries into statutory ones held under the scope of the Act, as long as the Minister deems suitable, and on the condition set out in s15(1)(c) that the person who caused the original inquiry to be launched. The Act sets out in s17, the statutory powers of the Chairman of the inquiry, including giving them the power to set the procedure and rules of the inquiry itself, and to require evidence to be given under oath. S21 allows for the Chairman to compel the production of documentary and oral evidence and the attendance of witnesses.
Perhaps the most important change made to the law is the Ministerial control given by s13 and s14 of the Act which allows a Minister to either suspend, or to end an inquiry by way of giving notice to the Chairman. If the Minister decides to end the inquiry then he must give reasons in writing under s14(4)(a). This provides for a ‘control’ mechanism in the event that an inquiry is proving overly expensive or time-consuming, but has been criticised for allowing a Minister too much latitude. In addition, there may be concerns that such powers be incompatible with the positive duty of the state to protect the right to life in Article 2(4) of the European Convention on Human Rights (ECHR), although this has not yet been judicially ruled upon at the time of writing. That said, the fact that the Act does allow the Chairman to compel witnesses and evidence is likely to mean that statutory inquiries under the Act are to be seen as preferable to non-statutory inquiries in cases where Article 2 ECHR is, or appears to be likely to be engaged.
2026 update
The Inquiries Act 2005 remains the principal statutory framework governing public inquiries in the United Kingdom, and it continues to regulate how ministers may establish inquiries into matters of public concern.
Since the Act was introduced, a number of major public inquiries have been conducted under its provisions, including inquiries into events such as the Grenfell Tower fire and the COVID-19 pandemic. These inquiries have demonstrated the continuing importance of the Act as the legal basis for investigating major national events and failures of public administration.
At the same time, the Act has been the subject of ongoing constitutional debate. Critics have argued that the legislation grants significant powers to ministers, including the ability to set the terms of reference for an inquiry, appoint the chair and panel members, and issue restriction notices concerning evidence and publication. Supporters of the framework argue that such powers are necessary to ensure that inquiries remain efficient and proportionate.
Although the Inquiries Act 2005 has not been fundamentally amended, its operation has evolved through practice, procedural rules and guidance issued for inquiry chairs. As a result, the Act continues to form the central legal framework for statutory public inquiries in the UK, while non-statutory inquiries established under the Royal Prerogative also continue to exist alongside it.
