|Statewatch article: RefNo# 26386
|Statewatch News Online, March 2005
|A Joint Statement by:
British Irish Rights Watch
The Committee on the Administration of Justice
Human Rights First
The Human Rights Institute of the International Bar Association
Lawyers’ Rights Watch Canada
The Law Society of England and Wales
Pat Finucane Centre
Scottish Human Rights Centre
22nd March 2005
The above-listed organisations jointly express our concern over some of the provisions of the Inquiries Bill introduced into Parliament on 24th November 2004. The Bill, being discussed this week by a Standing Committee of the House of Commons, would, if enacted, alter fundamentally the system for establishing and running inquiries into issues of great public importance in the UK, including allegations of serious human rights violations. Should it be passed into law, the effect of the Bill on individuals and cases that merit a public inquiry would be highly detrimental. In particular, in those cases where one or more person has died or been killed, the right of their surviving family members to know the truth about what happened and to an effective investigation could be violated by the operation of the Bill.
The fundamental problem contained in the Inquiries Bill is its shift in emphasis towards inquiries established and largely controlled by government Ministers. This shift is achieved by the repeal of the Tribunals of Inquiry (Evidence) Act 1921 and the terms of several of the Bill’s clauses. These clauses grant broad powers to the Minister establishing an inquiry on issues such as the setting of the terms of reference, restrictions on funding for an inquiry, suspension or termination of an inquiry, restrictions on public access to inquiry proceedings and to evidence submitted to an inquiry, and restrictions on public access to the final report of an inquiry. The Bill does not grant the independence to inquiry chairs and panels that has made their role so crucial in examining issues, particularly where public confidence has been undermined.
Several of us have already laid out our concerns about the Bill in earlier statements and briefings and we are pleased to note that some amendments to the Bill have already been adopted in the House of Lords. However, we continue to have serious concerns about the Bill in its current form and we urge all members of Parliament to take these concerns into account in their ongoing consideration of the Bill. We also wish to draw attention to the views expressed on this matter by the parliamentary Joint Committee on Human Rights, by the Public Administration Select Committee, and by two notable jurists, namely Lord Saville of Newdigate and former Canadian Supreme Court justice Judge Peter Cory.
The Joint Committee on Human Rights has concluded that several provisions of the Bill may not be compliant with Article 2 of the European Convention on Human Rights in that they would inhibit an effective investigation into cases involving deaths. For example, the Committee has expressed concern that “the threat of withdrawal of funding by the Minister could unduly constrain the independence of an inquiry, and fail to satisfy the Article 2 requirement of an independent inquiry.” The Committee has further stated that “the independence of a tribunal is secured both by the institutional and legal structure in which it operates, and by the restraint and impartiality exercised in practice by those involved. Even given the proper restraint by Ministers in the exercise of powers considered above, their availability in respect of an inquiry would risk affecting its independence, both actual and perceived.” With particular regard to the power of Ministers to issue restriction notices, the Committee concluded that “the independence of an inquiry is put at risk by ministerial power to issue these restrictions, and … this lack of independence may fail to satisfy the Article 2 obligation to investigate…” It also was concerned that the ministerial
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