Wednesday, 11 October 2023

A trip around the Inquiries ~ An Update


Updated 13 October 2023 and 26 October 2023
Also 29 February 2024

What do we think when the word Inquiry is mentioned? Is an Inquiry a useful fact-finding exercise leading to the Inquiry Chair (who is usually, but not always, a judge or retired judge) making recommendations which government is then free to accept or reject? Or, are inquiries just a way for politicians to push difficult issues aside albeit at sometimes huge expense to the public purse?

In March 2018, the estimable Institute for Government (IfG) published an analysis of such questions - Public inquiries | Institute for Government.

Whatever stance one takes on Inquiries in general, the fact is that there are several on-going inquiries as well as some that have recently completed their task. Here is a brief round-up.

Afghanistan:

Independent Inquiry relating to Afghanistan – Independent Inquiry relating to Afghanistan (iia.independent-inquiry.uk)

On 15 December 2022 the Secretary of State for Defence

announced the Government’s decision to formally establish an independent Inquiry under the Inquiries Act 2005 to investigate certain matters arising from the deployment of British armed forces to Afghanistan between mid-2010 and mid-2013. The terms of reference were updated on 19 September 2023 to reflect the confirmation from the Secretary of State for Defence that United Kingdom Special Forces were involved in the matters which are being investigated. This Inquiry is chaired by the Rt. Hon. Lord Justice Haddon-Cave and commenced hearings this week.

The allegations are that numerous unlawful killings were carried out by members of the Special Forces in Afghanistan and that these were covered up. Further, it is said that the subsequent investigations by the Royal Military Police were inadequate.

Haddon-Cave intends to hear as much evidence as he can in public but it will be necessary to have closed hearings to ensure the protection of sensitive material and the security of witnesses. Special Advocates are likely to be used and there may be restrictions on what can be published.

Covid-19:

UK Covid-19 Inquiry (covid19.public-inquiry.uk)

Here is an Inquiry which looks set to last for a long time. The costs will be huge. The Inquiry has adopted a modular approach to its task and the Chair - Baroness Hallett - has promised reports at the various stages. The first 4 modules are -  Resilience and preparedness (Module 1)Core UK decision-making and political governance (Module 2),  Impact of the Covid-19 pandemic on healthcare (Module 3) and Vaccines and therapeutics (Module 4).

Public hearings for Module 2 commenced on 3 October. Core UK Decision-making and Political Governance (Module 2) – Public Hearings - UK Covid-19 Inquiry (covid19.public-inquiry.uk)

'No 10 chaos as usual': Whatsapp messages read at Covid-19 inquiry expose 'toxic' government | ITV News

It cannot be denied that the topics under examination are highly important but public concern appears to be more centred on the millions in public funds spent on PPE via a fast-track contract process. That is too extensive a topic to examine in any detail here but vast sums of public money were handed to supposed PPE manufacturers and, in some cases, to newly created companies with no proven track-record of manufacturing this equipment.

A further concern is the on-going health effects of Covid-19 (and its variants) and the possible health impact of the continuing programme of vaccinations.

The World Health Organization is now seeking a new Pandemic Preparedness Treaty which is currently in draft form. The proposal is explained in this House of Commons Library publication - What is the proposed WHO Pandemic Preparedness Treaty? and What is referred to as the “Conceptual Zero Draft” is available HERE.. If such a Treaty is ultimately adopted, nation States may find that they have much less individual decision-making powers to deal with any future pandemic. Little has been said about this by British politicians.

Horizon - Post Office IT:

About the Inquiry | Post Office Horizon IT Inquiry (postofficehorizoninquiry.org.uk)

The Post Office Horizon IT Inquiry is led by retired high court judge Sir Wyn Williams.. The Inquiry was set up on 29 September 2020 but was then a non-statutory inquiry. It became a statutory inquiry from 1 June 2021.

Sir Wyn is tasked with ensuring there is a public summary of the failings which occurred with the Horizon IT system at the Post Office leading to the suspension, termination of subpostmasters’ contracts, prosecution and conviction of subpostmasters. The Inquiry will look to establish a clear account of the implementation and failings of the system over its lifetime (a period of over 20 years).

Letby:

Law and Lawyers: Lady Justice Thirlwall to chair "Letby" inquiry (obiterj.blogspot.com). The Inquiry will be statutory although the original government view was that it would be non-statutory. Lady Justice Thirlwall has been appointed as Chair. Terms of Reference have yet to be issued.

The Andrew Malkinson case:

Update 13/10/23 - When first published, this post omitted to mention that an inquiry was announced relating to the Andrew Malkinson case. 

Government orders independent inquiry into handling of Andrew Malkinson case - GOV.UK (www.gov.uk)

The ICLR's weekly notes state - 

"There will also be an independent inquiry into the circumstances and handling of Andy Malkinson’s case, after his conviction was finally quashed by the Court of Appeal in July, for which he spent over 17 years in prison, in view of new DNA evidence implicating another suspect: see R v Malkinson (Andrew) [2023] EWCA Crim 954, CA.

The inquiry will investigate the handling and the role of Greater Manchester Police, the Crown Prosecution Service and the Criminal Cases Review Commission in his conviction and subsequent appeals to ensure lessons are learned from the significant miscarriage of justice he has suffered."

Weekly Notes: legal news from ICLR, 2 October 2023 - ICLR

See also

Police watchdog to investigate handling of Andrew Malkinson case | Police | The Guardian

Andrew Malkinson - Greater Manchester Police | Independent Office for Police Conduct (IOPC)

The government announcement (24 August) of this inquiry stated that - "After careful consideration, and consultation with other bodies, a non-statutory inquiry was found to be the most appropriate option, building on the approach taken in other individual cases."

One wonders whether a non-statutory inquiry will prove to be satisfactory particularly in the event that difficulties arise with evidence from the Police, We must wait and see. This concern is discussed at - Andrew Malkinson says wrongful rape conviction inquiry should be statutory | Police | The Guardian

26 October - Andrew Malkinson Inquiry: terms of reference - GOV.UK (www.gov.uk)

26 October - Judge appointed to chair independent Malkinson Inquiry - GOV.UK (www.gov.uk)

Other Inquiries:

The Undercover Policing Inquiry was set up in 2015. 

Evidence for "Tranche 1: Special Demonstration Squad officers and managers and those affected by deployments (1968–1982)’  was heard in phases from November 2020 to May 2022 and an interim report was issued in June 2023. - Undercover Policing Inquiry’s Tranche 1 interim report to be published - Undercover Policing Inquiry (ucpi.org.uk).

The Inquiry has announced its intention to commence its Tranche 2 evidence hearings from Monday 1 July 2024. In these hearings, the Inquiry will hear from undercover officers, non-state witnesses and those in the Special Demonstration Squad (SDS) supervisory chain of command between approximately 1983 to 1992.

The Grenfell Tower Fire Inquiry has also been going for some time - Homepage | Grenfell Tower Inquiry. It was set up following the Grenfell, Tower Fire in Kensington (London) on 14 June 2017. The Chair is retired Court of Appeal judge Sir Martin Moore-Bick. A four volume report for Phase 1 was issued in October 2019  - Phase 1 report | Grenfell Tower Inquiry. Hearings for Phase 2 have been completed but a report has yet to appear. See the September 2023 Newsletter | Grenfell Tower Inquiry

25 November 2023 - Grenfell Tower inquiry’s final report on cause of disaster delayed again | Grenfell Tower inquiry | The Guardian

The Guardian view on Grenfell’s aftermath: the investigations are taking too long | Editorial | The Guardian

The Infected Blood Inquiry - Reports | Infected Blood Inquiry - was announced in July 2017 and Sir Brian Langstaff appointed as Chair in February 2018.  Public hearings have concluded and two interim reprost issued and also a Compensation Framework Study by Sir Robert Francis KC - Reports | Infected Blood Inquiry. The Study was commissioned by the government in 2021.

The Independent Inquiry into Child Sexual Abuse - final report - The Report of the Independent Inquiry into Child Sexual Abuse | IICSA Independent Inquiry into Child Sexual Abuse and the government's response - Response to the final report of the Independent Inquiry into Child Sexual Abuse - GOV.UK (www.gov.uk).

The Manchester Arena Inquiry final report issued in March 2023Reports – Manchester Arena Inquiry and see Manchester Arena Inquiry reports - GOV.UK (www.gov.uk).

Finally:

The Institute for Government has published an interesting piece - The inquiry that everyone forgot | Institute for Government. The article refers to the Northern Ireland Hyponatraemia Inquiry - Home | Inquiry Into Hyponatraemia-related Deaths (ihrdni.org)

The IfG notes - "The reasons for the duration are ones that all inquiries can learn from. The most significant delays are those resulting from conflicts with police investigations. By law, inquiries cannot determine criminality, and so often give way to other investigations and court cases to avoid compromising efforts to deliver justice. In this case, however, the proceedings of the inquiry were deferred from 2005 until 2008 – a period during which no prosecutions were actually launched."

The IfG also comments that this Inquiry took 'nearly a year longer than the Saville Inquiry into Bloody Sunday, which is infamous for its excessive length and cost. Inquiries should not take this long; doing so is not only a staggering drain on public resources, it also prolongs the uncertainty and suffering of those affected.'

The Bloody Sunday Inquiry was created by Prime Minister Blair in January 1998 and finally reported (10 Volumes) in June 2010 - Law and Lawyers: The Saville (Bloody Sunday) Report is issued (obiterj.blogspot.com). Inquiry costs were reportedly £195 million. It was chaired by Lord Saville of Newdigate -see Former Justices - The Supreme Court.

Addition 29 February 2024:

The Angiolini Inquiry the murder of Sarah Everard. 

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