Page 23 - When Things Go Wrong

A Central Inquiries Unit

Location and independence

2.8 A fundamental question relating to the establishment of any inquiries unit is
whether it should be located within Government. The legitimacy of any office
or role advising on the opening and management of an inquiry will depend on
the degree of independence from the Government Department sponsoring or
giving evidence in that investigation.

2.9 The Institute for Government told us that, when formulating its
recommendation as to an appropriate host for the inquiries unit, initially a non-
departmental public body (NDPB) such as the Equality and Human Rights
Commission (EHRC) was considered. Another viable alternative suggested to
us includes the part-time appointment of a retired individual with requisite
experience and seniority to advise on the management of new inquiries.

2.10 The need for independence, however, must be balanced with the requirement
for sufficient influence, funds and administrative capacity. If an inquiries unit
is housed outside the executive in a NDPB, NGO or similar, Government may
choose to ignore its advice with little consequence. The part-time appointment
of a retired individual may formalise the existing system of word-of-mouth
advice, but in the view of the Working Party could not provide a
comprehensive repository of information, nor the up-to-date practice
experience required to formulate and update relevant guidance.

2.11 Most proposals for an inquiries unit therefore envisage a small team positioned
within Government, distanced from sponsoring Departments but with
sufficient “pull” to exert influence. In its report Government by Inquiry, the
Public Administration Select Committee (PASC) suggested a “central
government department such as the Cabinet Office or the Department for
Constitutional Affairs” while the Lords Select Committee recommended that
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basing the unit within Her Majesty’s Courts and Tribunals Service (HMCTS)

44 Public Administration Select Committee, Government by Inquiry (HC 2003-4, 51-I), para 161.
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