information that you have in relation to the Royal Society for the Protection of Birds using their members in the House of Lords to apply the political agenda of the RSPB to the extent that it influences the law that controls use all.

Dear Sir or Madam,
The following document from the House of Lord has greatly shocked
and frightened me to the extent that I am compelled to request any
information that you have in relation to the Royal Society for the
Protection of Birds using their members in the House of Lords to
apply the political agenda of the RSPB to the extent that it
influences the law that controls use all.

Could I also see any guideline that you have to control any bias
influence in relation to passing Bills in the various stages in the
House of Commons and the House of Lords?

What do I have to do to request a public inquiry into the aforesaid
matters?

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HANSARD 1803–2005 → 1970s → 1976 → July 1976 → 26 July 1976 → Lords
Sitting
PROTECTION OF BIRDS (AMENDMENT) BILL
HL Deb 26 July 1976 vol 373 cc1139-45 1139
§ 7.49 p.m.
Lord CHELWOOD
My Lords, I beg to move that this Bill be now read a second time.
This very short amending Bill passed through all its stages on the
nod in another place on 16th July. That was something which I think
was most unusual and, in my experience at any rate, unique. But it
showed three things: first, that this amending Bill is not
controversial; secondly, that it has the Government's blessing;
and, thirdly, that there is a need for it. As Parliament has had no
explanation whatsoever of the need for this amendment of the
Protection of Birds Act 1954, as amended in 1967, because there was
no opportunity in another place, may I please say a few words, in
spite of the hour being latish, because I think it is important
that there should be something—even something brief—on the record?
The fines for any person guilty of an offence against the
Protection of Birds Act 1954 have not been changed since that Act
was put on the Statute Book. Clause 12(2)(a) of the Act laid down a
maximum fine of £25 for especially serious offences. Those offences
fell into two main categories: first, excessively cruel methods of
killing or taking wild birds, such as the use of gin traps, or the
use of blinded decoy birds, or the use of bird lime. Those are
three examples which spring to mind and they were described in
detail, together with other excessively cruel methods of taking
wild birds, in Section 5 of the 1954 Act.
The second category of specially serious offences which are subject
to a maximum fine of £25 involve the taking of rare or very rare
birds which are listed in the First Schedule to the Act.
Incidentally, the very first bird in that Schedule is the 1140
avocet, because the Schedule is alphabetical. This bird is the
symbol of the RSPB. At the moment I am wearing the tie of the Royal
Society for the Protection of Birds, whose President is the noble
Lord, Lord Donaldson, who sits opposite. For many years this
society has done splendid work for the protection of wild birds and
it is extremely anxious to see that this measure reaches the
Statute Book.
Section 12(2)(b) of the 1954 Act laid down a maximum fine of £5 for
all other offences under the Act. It is sad but true that the
purchasing power of the pound since 1954 has fallen so steeply that
to impose the same penalty in real terms today the fines would need
to be, in round figures, £90 and £18 instead of £25 and £5. Thus
this Bill introduces no more than an increase that offsets the
inflation since 1954. In addition, the fines under the Protection
of Birds Acts are now seriously out of line with the most recent
legislation in the conservation field. The Badgers Act 1973 laid
down a maximum fine of £100. The Conservation of Wild Creatures and
Wild Plants Act 1975 laid down the same maximum fine of £100. The
really important reason, however, for this short amending Bill must
be the ever increasing demand for, and hence the pressure on, rare
species of birds, in particular birds of prey, and the
extraordinarily high price that these species fetch on the black
market.
Already this year your Lordships will be shocked to know that some
30 pairs of peregrine falcon, the only bird that we have breeding
in Britain which is listed in the Endangered Species Bill, have
failed to rear their young because either their eggs or their young
have been taken illegally. The peregrine falcon is a Schedule 1
bird and offences involving it are subject, naturally, to the £25
maximum fine. It is reasonable to assume that by the end of the
breeding season rather more than 40 pairs of peregrine falcon will
have been robbed of either their young or their eggs. Acts such as
the Protection of Birds Acts are notoriously difficult to enforce.
But enforcement must be made more difficult, surely, in that £25
fines, even when costs have to be paid as well, represent a small
risk when speaking about a bird such as the peregrine falcon. which
has a value, believe it or not, of £500 or more for a mature bird.
So, 1141 for that matter, does the golden eagle. Those are the
prices at which these birds are changing hands on the black market.
The number of prosecutions under the Protection of Birds Acts
gives, unhappily, only an inkling of the widespread and numerous
infringements of them. I have a long, sad list of successful
prosecutions during the last 12 months or so under the Acts and I
am sure that they are only the tip of the iceberg. Rare birds'
eggs—for example, the osprey's or the snowy owl's eggs—fetch very
high prices from egg collectors, as do the birds themselves, alive
or dead, from so-called bird fanciers or taxidermists. In my view,
the 1954 Act needs several important amendments to make it more
effective. Incidentally, this Act was introduced by my noble friend
Lady Tweedsmuir of Belhelvie in another place and amended in 1967
by the late Lord Hurcomb in your Lordships' House. The two Acts
together need further amendment in the light of experience.
I hope to have an opportunity to introduce another amending Bill to
the 1954 Act in the next Session of Parliament. Meanwhile, Mr.
Peter Hardy's Bill which, brought from another place, we have
before us now will, if it commends itself to your Lordships, go
some way, although in my view not far enough, towards deterring law
breakers who seek to profit from the suffering of wild birds and
the senseless greed of the collector.
When considering the maximum fines which should be imposed under
the Acts, it is reasonable to bear in mind that the prison
sentences provided for in the 1954 Act are no longer regarded as an
appropriate form of punishment for offences committed under these
Acts. Surely this clearly points to the need for stiffer fines. At
present, the fines are derisory and are taken in their stride by
unscrupulous people. We can do something to make the law more
effective if today we give this modest Bill a Second Reading and if
it passes its remaining stages on Thursday of this week.
I am exceptionally grateful to my noble friend Lord Mowbray and
Stourton for being kind enough to come to listen to this very short
Second Reading speech and, I hope, to lend me his support. In fact,
1142 I feel sure of his support. I am also very grateful indeed to
the noble Lord the Minister for being on the Front Bench opposite,
and I hope to hear from him that this small measure has the
Government's blessing. My Lords, I beg to move.
§ Moved, That the Bill be now read 2a.—(Lord Chelwood.)
§ 7.58 p.m.
§ Lord MOWBRAY and STOURTON
My Lords, I should like to say straight away that I am most
grateful that my noble friend Lord Chelwood has seen fit to bring
this measure before your Lordships' House. Needless to say, as he
anticipated, I can assure my noble friend of the full support not
only of myself but, I suspect, of every member of the Party for
which I stand. As my noble friend has said, regrettably the pound
has fallen in value since 1954 and accordingly the value of
collectors' items, he they alive or dead, has gone up far more than
one would ever have wished.
The noble Lord mentioned the peregrine falcon. When one considers
that each young peregrine falcon commands £250 and each adult £500,
one wonders how £25 can be considered an adequate fine. My noble
friend said that 30 pairs of young peregrine falcon have already
gone and that possibly 40 pairs will have gone by the end of the
year. That is at £250 each—not for a pair but £250 for each young
bird and £500 for each adult. It is a lot of money, and £25 is not
much of a deterrent.
May I say that my noble friend Lord Craigton, whose influence in
this field is so great and whose knowledge is so enormous, has
asked me to say how sorry he is that he is not able to be in the
House tonight to add his views. I told him that on his behalf I
would inform your Lordships that the World Wildlife Fund's
allocations committee had come unanimously to the conclusion that
in their view even the suggested £100 fine was inadequate for the
elimination of these racketeers.
May I ask the noble Lord the Minister who is to reply one question
which is in no way derogatory of the Bill. I understand that the
Government are favourably disposed towards this Bill, for which,
like my noble friend, I am most grateful. 1143 I merely want to
ask, in a spirit of genuine inquiry and making no Party political
points, a question about the Endangered Species Bill which was
recently before us. We asked then whether the fines were adequate,
and I seem to remember the noble Baroness who answered for the
Government saying that the James Committee was recommending
increased fines in the case of all Acts of Parliament of this sort
which would bring fines up to a level to make them adequate to the
rate of inflation as compared to the time when they were
introduced. Therefore, at that moment we were asked not to insist
on Amendments in Committee and on Report stages because the
Government wished them to be dealt with across the broad spectrum
in all Acts of Parliament. I merely ask this question. If, as I
understand, the Government are favourable to this measure—for which
I again say that I am most grateful—ought one's honourable friends
in another place now consider increasing the fines which we were
advised not to increase in such cases as the Endangered Species
Bill? I am slightly puzzled, because that seems to be a parallel to
this measure. Having injected that slightly carping note into what
is otherwise a happy occasion, I wish to support my noble friend
Lord Chelwood.
§ 8.2 p.m.
§ Lord WELLS-PESTELL
My Lords, this is the second time within recent weeks that the
noble Lord, Lord Chelwood, has taken up cudgels on behalf of the
animal world and, I am happy to say, this is the second time that
on behalf of the Government I have been able to nod rather
approvingly in his direction. Your Lordships will remember that the
noble Lord piloted through this House the Dangerous Wild Animals
Bill which received Royal Assent last Thursday. Your Lordships
wholeheartedly approved of the Bill, as did those in another place.
If I understood the noble Lord correctly, I believe he is hoping to
introduce yet a third Bill in the not too distant future. He has
struck lucky on this occasion and I hope, if the Bill is suitable,
he will complete a hat trick.
As the noble Lord explained, the Bill before us increases the
financial penalties under the Protection of Birds Act 1954, to take
account of changes in the value of 1144 money over the last 22
years, and to bring them into line with those provided in recent
comparable legislation. Let me say here and now that the Bill has
the support of the Government. Indeed I am giving away no secret
when I say that these penalties, along with many others, are
currently under review by the Home Office. We are indeed well aware
that many Statutes provide for financial penalties which over the
years have simply lost all or a great deal of whatever power they
may have had to deter people or to punish them. As your Lordships
know, we have been studying the recommendations of the report of
the James Committee on the distribution of criminal business among
the courts. As may be imagined, this is quite a lengthy exercise,
but I can say that one aspect of our consideration will be the
revision of the maximum fines imposable on summary conviction for
particular offences. That study will inevitably embrace the fines
we are talking about today, and the end product would almost
certainly be a Government measure which inter alia would take
account of the fall in the value of money since 1954.
The noble Lord, Lord Mowbray and Stourton, was right in his
recollection about various things that were said during the passage
of the Endangered Species Bill, when I think he may well have been
given to understand that this was a matter that we hoped to deal
with. The reason why it is being done on this occasion—and I do not
want to go all over the ground already covered by the noble Lord,
Lord Chelwood—is simply that Mr. Peter Hardy took the initiative to
do something in that direction in this Bill.
Whether it would be worth the noble Lord's while to talk to his
friends in another place, I do not know. I think probably that if
the Bill has not yet been through another place it might not
succeed in getting through there this session. However, I will
certainly convey what the noble Lord has said this evening to the
appropriate Department because, as he will know, it is not the
Department for which I am speaking here this evening. I will convey
his remarks to my right honourable friend in that Department. To
that extent it can be said that this Bill will do for a very small
area what a Government Bill in a future Session of Parliament is
likely to do over a much 1145 greater area of the criminal law. We
shall try to do that as soon as we possibly can.
I wish to repeat that the report of the James Committee covers a
wide area, and a good deal of thought and consideration as to the
kind of action that is to be taken would have to he given to it.
Meanwhile, the Government give their approval and support the Bill
now before your Lordships' House.
§ On Question, Bill read 2a, and committed to a Committee of the
Whole House.
Back to COMPULSORY ACQUISITION BY PUBLIC AUTHORITIES (COMPENSA
TION) ORDER 1976
Forward to STOCK EXCHANGE (COMPLETION OF BARGAINS) BILL
Noticed a typo? | Report other issues | © UK Parliament

________________________________________

Yours faithfully,

Derek Canning LLB [HONS]

Dear Sir or Madam,

Under the Freedom of Information Act YOU should have replied by
now, and are breaking the law therefore I want an internal review.

Yours sincerely,

Derek Canning LLB [HONS]

Dear Sir or Madam,

Could you please tell me what has occurred to the internal review
and the information requested?

Yours sincerely,

Derek Canning LLB [HONS]

Dear Ministry of Justice,

Inquiries Act 2005
2005 CHAPTER 12
CONTENTS
Go to Preamble

Constitution of inquiry

1. Power to establish inquiry
2. No determination of liability
3. The inquiry panel
4. Appointment of inquiry panel
5. Setting-up date and terms of reference
6. Minister’s duty to inform Parliament or Assembly
7. Further appointments to inquiry panel
8. Suitability of inquiry panel
9. Requirement of impartiality
10. Appointment of judge as panel member
11. Assessors
12. Duration of appointment of members of inquiry panel
13. Power to suspend inquiry
14. End of inquiry
Conversion of inquiries

15. Power to convert other inquiry into inquiry under this Act
16. Inquiries converted under section 15
Inquiry proceedings

17. Evidence and procedure
18. Public access to inquiry proceedings and information
19. Restrictions on public access etc
20. Further provisions about restriction notices and orders
21. Powers of chairman to require production of evidence etc
22. Privileged information etc
23. Risk of damage to the economy
Inquiry reports

24. Submission of reports
25. Publication of reports
26. Laying of reports before Parliament or Assembly
Scotland, Wales and Northern Ireland

27. United Kingdom inquiries
28. Scottish inquiries
29. Welsh inquiries
30. Northern Ireland inquiries
31. The relevant part of the United Kingdom and the applicable
rules
Inquiries for which more than one Minister responsible

32. Joint inquiries
33. Inquiries involving more than one administration
34. Change of responsibility for inquiry
Supplementary

35. Offences
36. Enforcement by High Court or Court of Session
37. Immunity from suit
38. Time limit for applying for judicial review
39. Payment of inquiry expenses by Minister
40. Expenses of witnesses etc
General

41. Rules
42. Notices etc
43. Interpretation
44. Transitory, transitional and saving provisions
45. Suspension of devolved government in Northern Ireland
Amendments etc

46. Inquiries under the Financial Services and Markets Act 2000
47. Inquiries etc under Northern Ireland legislation
48. Minor and consequential amendments
49. Repeals and revocations
Final provisions

50. Crown application
51. Commencement
52. Extent
53. Short title

Schedule 1
Provisions applicable to inquiries etc under Northern Ireland
legislation
Schedule 2
Minor and consequential amendments
Part 1
Acts of Parliament
Part 2
Acts of the Scottish Parliament
Part 3
Northern Ireland legislation
Schedule 3
Repeals and revocations

An Act to make provision about the holding of inquiries.

[7th April 2005]

Be it enacted by the Queen’s most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the authority
of the same, as follows:—

Constitution of inquiry

1 Power to establish inquiry (1) A Minister may cause an inquiry to
be held under this Act in relation to a case where it appears to
him that—
(a) particular events have caused, or are capable of causing,
public concern, or
(b) there is public concern that particular events may have
occurred.
(2) In this Act “Minister” means—
(a) a United Kingdom Minister;
(b) the Scottish Ministers;
(c) a Northern Ireland Minister;
and references to a Minister also include references to the
National Assembly for Wales.
(3) References in this Act to an inquiry, except where the context
requires otherwise, are to an inquiry under this Act.
2 No determination of liability (1) An inquiry panel is not to rule
on, and has no power to determine, any person’s civil or criminal
liability.
(2) But an inquiry panel is not to be inhibited in the discharge of
its functions by any likelihood of liability being inferred from
facts that it determines or recommendations that it makes.
3 The inquiry panel (1) An inquiry is to be undertaken either—
(a) by a chairman alone, or
(b) by a chairman with one or more other members.
(2) References in this Act to an inquiry panel are to the chairman
and any other member or members.
4 Appointment of inquiry panel (1) Each member of an inquiry panel
is to be appointed by the Minister by an instrument in writing.
(2) The instrument appointing the chairman must state that the
inquiry is to be held under this Act.
(3) Before appointing a member to the inquiry panel (otherwise than
as chairman) the Minister must consult the person he has appointed,
or proposes to appoint, as chairman.
5 Setting-up date and terms of reference (1) In the instrument
under section 4 appointing the chairman, or by a notice given to
him within a reasonable time afterwards, the Minister must—
(a) specify the date that is to be the setting-up date for the
purposes of this Act; and
(b) before that date—
(i) set out the terms of reference of the inquiry;
(ii) state whether or not the Minister proposes to appoint other
members to the inquiry panel, and if so how many.
(2) An inquiry must not begin considering evidence before the
setting-up date.
(3) The Minister may at any time after setting out the terms of
reference under this section amend them if he considers that the
public interest so requires.
(4) Before setting out or amending the terms of reference the
Minister must consult the person he proposes to appoint, or has
appointed, as chairman.
(5) Functions conferred by this Act on an inquiry panel, or a
member of an inquiry panel, are exercisable only within the
inquiry’s terms of reference.
(6) In this Act “terms of reference”, in relation to an inquiry
under this Act, means—
(a) the matters to which the inquiry relates;
(b) any particular matters as to which the inquiry panel is to
determine the facts;
(c) whether the inquiry panel is to make recommendations;
(d) any other matters relating to the scope of the inquiry that the
Minister may specify.
6 Minister’s duty to inform Parliament or Assembly (1) A Minister
who proposes to cause an inquiry to be held, or who has already
done so without making a statement under this section, must as soon
as is reasonably practicable make a statement to that effect to the
relevant Parliament or Assembly.
(2) A statement under subsection (1) must state—
(a) who is to be, or has been, appointed as chairman of the
inquiry;
(b) whether the Minister has appointed, or proposes to appoint, any
other members to the inquiry panel, and if so how many;
(c) what are to be, or are, the inquiry’s terms of reference.
(3) Where the terms of reference of an inquiry are amended under
section 5(3), the Minister must, as soon as is reasonably
practicable, make a statement to the relevant Parliament or
Assembly setting out the amended terms of reference.
(4) A statement under this section may be oral or written.
7 Further appointments to inquiry panel (1) The Minister may at any
time (whether before the setting-up date or during the course of
the inquiry) appoint a member to the inquiry panel—
(a) to fill a vacancy that has arisen in the panel (including a
vacancy in the position of chairman), or
(b) to increase the number of members of the panel.
(2) The power to appoint a member under subsection (1)(b) is
exercisable only—
(a) in accordance with a proposal under section 5(1)(b)(ii), or
(b) with the consent of the chairman.
(3) The power to appoint a replacement chairman may be exercised by
appointing a person who is already a member of the inquiry panel.
8 Suitability of inquiry panel (1) In appointing a member of the
inquiry panel, the Minister must have regard—
(a) to the need to ensure that the inquiry panel (considered as a
whole) has the necessary expertise to undertake the inquiry;
(b) in the case of an inquiry panel consisting of a chairman and
one or more other members, to the need for balance (considered
against the background of the terms of reference) in the
composition of the panel.
(2) For the purposes of subsection (1)(a) the Minister may have
regard to the assistance that may be provided to the inquiry panel
by any assessor whom the Minister proposes to appoint, or has
appointed, under section 11.
9 Requirement of impartiality (1) The Minister must not appoint a
person as a member of the inquiry panel if it appears to the
Minister that the person has—
(a) a direct interest in the matters to which the inquiry relates,
or
(b) a close association with an interested party,
unless, despite the person’s interest or association, his
appointment could not reasonably be regarded as affecting the
impartiality of the inquiry panel.
(2) Before a person is appointed as a member of an inquiry panel he
must notify the Minister of any matters that, having regard to
subsection (1), could affect his eligibility for appointment.
(3) If at any time (whether before the setting-up date or during
the course of the inquiry) a member of the inquiry panel becomes
aware that he has an interest or association falling within
paragraph (a) or (b) of subsection (1), he must notify the
Minister.
(4) A member of the inquiry panel must not, during the course of
the inquiry, undertake any activity that could reasonably be
regarded as affecting his suitability to serve as such.
10 Appointment of judge as panel member (1) If the Minister
proposes to appoint as a member of an inquiry panel a particular
person who is a judge of a description specified in the first
column of the following table, he must first consult the person
specified in the second column.
Description of judge Person to be consulted
Lord of Appeal in Ordinary The senior Lord of Appeal in Ordinary
Judge of the Supreme Court of England and Wales, or Circuit judge
The Lord Chief Justice of England and Wales
Judge of the Court of Session, sheriff principal or sheriff The
Lord President of the Court of Session
Judge of the Supreme Court of Northern Ireland, or county court
judge in Northern Ireland The Lord Chief Justice of Northern
Ireland

(2) In this section “sheriff principal” and “sheriff” have the same
meaning as in the Sheriff Courts (Scotland) Act 1971 (c. 58).
11 Assessors (1) One or more persons may be appointed to act as
assessors to assist the inquiry panel.
(2) The power to appoint assessors is exercisable—
(a) before the setting-up date, by the Minister;
(b) during the course of the inquiry, by the chairman (whether or
not the Minister has appointed assessors).
(3) Before exercising his powers under subsection (2)(a) the
Minister must consult the person he proposes to appoint, or has
appointed, as chairman.
(4) A person may be appointed as an assessor only if it appears to
the Minister or the chairman (as the case requires) that he has
expertise that makes him a suitable person to provide assistance to
the inquiry panel.
(5) The chairman may at any time terminate the appointment of an
assessor, but only with the consent of the Minister in the case of
an assessor appointed by the Minister.
12 Duration of appointment of members of inquiry panel (1) Subject
to the following provisions of this section, a member of an inquiry
panel remains a member until the inquiry comes to an end (or until
his death if he dies before then).
(2) A member of an inquiry panel may at any time resign his
appointment by notice to the Minister.
(3) The Minister may at any time by notice terminate the
appointment of a member of an inquiry panel—
(a) on the ground that, by reason of physical or mental illness or
for any other reason, the member is unable to carry out the duties
of a member of the inquiry panel;
(b) on the ground that the member has failed to comply with any
duty imposed on him by this Act;
(c) on the ground that the member has—
(i) a direct interest in the matters to which the inquiry relates,
or
(ii) a close association with an interested party,
such that his membership of the inquiry panel could reasonably be
regarded as affecting its impartiality;
(d) on the ground that the member has, since his appointment, been
guilty of any misconduct that makes him unsuited to membership of
the inquiry panel.
(4) In determining whether subsection (3)(a) applies in a case
where the inability to carry out the duties is likely to be
temporary, the Minister may have regard to the likely duration of
the inquiry.
(5) The Minister may not terminate a member’s appointment under
subsection (3)(c) if the Minister was aware of the interest or
association in question when appointing him.
(6) Before exercising his powers under subsection (3) in relation
to a member other than the chairman, the Minister must consult the
chairman.
(7) Before exercising his powers under subsection (3) in relation
to any member of the inquiry panel, the Minister must—
(a) inform the member of the proposed decision and of the reasons
for it, and take into account any representations made by the
member in response, and
(b) if the member so requests, consult the other members of the
inquiry panel (to the extent that no obligation to consult them
arises under subsection (6)).
13 Power to suspend inquiry (1) The Minister may at any time, by
notice to the chairman, suspend an inquiry for such period as
appears to him to be necessary to allow for—
(a) the completion of any other investigation relating to any of
the matters to which the inquiry relates, or
(b) the determination of any civil or criminal proceedings
(including proceedings before a disciplinary tribunal) arising out
of any of those matters.
(2) The power conferred by subsection (1) may be exercised whether
or not the investigation or proceedings have begun.
(3) Before exercising that power the Minister must consult the
chairman.
(4) A notice under subsection (1) may suspend the inquiry until a
specified day, until the happening of a specified event or until
the giving by the Minister of a further notice to the chairman.
(5) Where the Minister gives a notice under subsection (1) he must—
(a) set out in the notice his reasons for suspending the inquiry;
(b) lay a copy of the notice, as soon as is reasonably practicable,
before the relevant Parliament or Assembly.
(6) A member of an inquiry panel may not exercise the powers
conferred by this Act during any period of suspension; but the
duties imposed on a member of an inquiry panel by section 9(3) and
(4) continue during any such period.
(7) In this section “period of suspension” means the period
beginning with the receipt by the chairman of the notice under
subsection (1) and ending with whichever of the following is
applicable—
(a) the day referred to in subsection (4);
(b) the happening of the event referred to in that subsection;
(c) the receipt by the chairman of the further notice under that
subsection.
14 End of inquiry (1) For the purposes of this Act an inquiry comes
to an end—
(a) on the date, after the delivery of the report of the inquiry,
on which the chairman notifies the Minister that the inquiry has
fulfilled its terms of reference, or
(b) on any earlier date specified in a notice given to the chairman
by the Minister.
(2) The date specified in a notice under subsection (1)(b) may not
be earlier than the date on which the notice is sent.
(3) Before exercising his power under subsection (1)(b) the
Minister must consult the chairman.
(4) Where the Minister gives a notice under subsection (1)(b) he
must—
(a) set out in the notice his reasons for bringing the inquiry to
an end;
(b) lay a copy of the notice, as soon as is reasonably practicable,
before the relevant Parliament or Assembly.
Conversion of inquiries

15 Power to convert other inquiry into inquiry under this Act (1)
Where—
(a) an inquiry (“the original inquiry”) is being held, or is due to
be held, by one or more persons appointed otherwise than under this
Act,
(b) a Minister gives a notice under this section to those persons,
and
(c) the person who caused the original inquiry to be held consents,
the original inquiry becomes an inquiry under this Act as from the
date of the notice or such later date as may be specified in the
notice (the “date of conversion”).
(2) The power conferred by this section is exercisable only if the
original inquiry relates to a case where it appears to the Minister
that—
(a) particular events have caused, or are capable of causing,
public concern, or
(b) there is public concern that particular events may have
occurred.
(3) Before exercising that power the Minister must consult the
chairman.
(4) A notice under this section must—
(a) state that, as from the date of conversion, the inquiry is to
be held under this Act;
(b) in the case of an inquiry panel consisting of more than one
member, identify who is to be chairman of the panel;
(c) set out what are to be the terms of reference of the inquiry.
(5) The terms of reference set out under subsection (4) may be
different from those of the original inquiry.
(6) The Minister may at any time after setting out the terms of
reference under this section amend them if he considers that the
public interest so requires.
(7) The Minister must consult the chairman before—
(a) setting out terms of reference that are different from those of
the original inquiry, or
(b) amending the terms of reference under subsection (6).
(8) Section 6 applies, with any necessary modifications, in
relation to—
(a) converting an inquiry under this section, or
(b) amending an inquiry’s terms of reference under subsection (6),
as it applies in relation to causing an inquiry to be held, or
amending an inquiry’s terms of reference under section 5(3).
16 Inquiries converted under section 15 (1) This section applies
where an inquiry (the “original inquiry”) is converted under
section 15 into an inquiry under this Act.
(2) The appointment of a person who at the date of conversion is—
(a) one of the persons holding, or due to hold, the original
inquiry (an “original member”),
(b) an assessor, counsel or solicitor to the inquiry, or
(c) a person engaged to provide assistance to the inquiry,
continues as if made under this Act, and for the purposes of
section 12(5) is treated as made by the Minister on the date of
conversion.
(3) Any obligation arising under an order of the original inquiry,
or otherwise in connection with that inquiry, is enforceable only
as it would be if the original inquiry had not been converted.
(4) No rights or obligations arise under or by virtue of this Act
before the date of conversion.
Inquiry proceedings

17 Evidence and procedure (1) Subject to any provision of this Act
or of rules under section 41, the procedure and conduct of an
inquiry are to be such as the chairman of the inquiry may direct.
(2) In particular, the chairman may take evidence on oath, and for
that purpose may administer oaths.
(3) In making any decision as to the procedure or conduct of an
inquiry, the chairman must act with fairness and with regard also
to the need to avoid any unnecessary cost (whether to public funds
or to witnesses or others).
18 Public access to inquiry proceedings and information (1) Subject
to any restrictions imposed by a notice or order under section 19,
the chairman must take such steps as he considers reasonable to
secure that members of the public (including reporters) are able—
(a) to attend the inquiry or to see and hear a simultaneous
transmission of proceedings at the inquiry;
(b) to obtain or to view a record of evidence and documents given,
produced or provided to the inquiry or inquiry panel.

Yours faithfully,

Derek Canning LLB [HONS]