Page 68 - When Things Go Wrong

4.15 CEDR has recommended, “ideally the selection of an Inquiry Chair should be
an open process whereby both those involved in the selection and the wider
public can see how the selection was made; what the criteria were and why the
person was considered suitable. As far as possible, ad hoc procedures or
selection should be avoided”. 186 The CEDR report proposes a structured
approach to selection exercises, which includes shortlisting of candidates
“from a relatively small pool of potential appointees” and “ensuring appointees
have no perceived conflicts of interest or experiences/affiliations which might
subsequently case doubt on their impartiality and independence”. 187
Appointees would be assessed against set criteria.

4.16 Building on CEDR’s proposal, we recommend that on the establishment of
public inquiries, Government should be advised on the appointment of
inquiry chairs and panellists by the Independent Advisory Board to the
Central Inquiries Unit (see paras 2.13-2.14). The Board should make its
nominations with reference to clear, publicly accessible criteria, taking
into account diversity of representation. The results and details of
nomination exercises should be made public so far as possible. In order that
the Section 9 requirement for the panellists themselves to be “impartial” is not
compromised, those Board members involved in the shortlisting exercise
“should be...those who can be readily perceived as being independent and
separate from those involved in the [inquiry] process to show impartiality”. 188

4.17 The Board’s role would be advisory, but greater consultation can only improve
the current system. Assisting Ministers through the provision of expertly
compiled shortlists will enhance legitimacy and promote appropriately diverse
inquiry tribunals.

Setting the terms of reference

4.18 Setting the parameters of any inquiry is of fundamental importance. In
evidence to the PASC, the Government submitted that the “terms of reference

186 Mackie and Way, supra note 40, p. 14.
187 Ibid.

188 Ibid.
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