Commission of Inquiry
What is a Commission of Inquiry
Public bodies commission inquiries, as a remedy to a failure/complaint or in response to an act of omission or commission.
An inquiry is usually carried out by individuals independent of the body being investigated and it is a means of establishing an independent account of the facts, circumstances and reasons as to why something went wrong. Inquiries usually make recommendations about how organisations can improve their performance.
How it works?
The scale and nature of an inquiry depends on circumstances. Matters of serious public concern may be investigated in a formal and legalistic manner with the inquiry panel headed by a senior lawyer such as a retired judge, arbitrator, witnesses allowed legal representation and parties permitted to cross-question some witnesses.
Although such processes are in fact inquisitorial in nature, they can sometimes appear to be more like normal adversarial court proceedings. This form of investigation is usually commissioned under the Respected Inquiries Act. Investigation of lesser matters is usually carried in a more informal manner albeit that the investigative procedure is rigorous.
Typically, these inquiries are carried out by appropriately qualified, independent individuals who ask questions to invited witnesses in order to establish the facts and circumstances being investigated. Individuals are not allowed legal representation and there is no opportunity to cross-question. Some inquiries are triggered by government policy/guidance or legislation.
Public bodies and government sometimes commission investigations in response to public concern expressed by victims, families, relatives, the media and politicians. The purpose is to help allay public concern, restore confidence and ensure a proper account is given of a significant event. A change in government also often prompts the commissioning of inquiries into high-profile events that occurred during the life time of the previous administration.