Page 69 - When Things Go Wrong

are a crucial factor in determining [an inquiry’s] ambit, length, complexity,
cost and, ultimately, its success”. 189

4.19 The Council on Tribunals warned in its evidence to the same Parliamentary
inquiry that: “If the terms of reference are too wide, this may result in
unnecessary cost and delay, and may introduce questions which merely
confuse the essential issues”. 190 However, imposing too narrow an approach
risks alienating those principally affected. During the course of one of
JUSTICE’s inquiry observation visits, an advocate for family core participants
submitted that the limitation of that inquiry’s scope to “the aftermath, rather
than an investigation of the “how and why”, was “a bitter pill [for the families]
to swallow”. 191

4.20 A number of bodies and experts have suggested that inquiries should facilitate
wide consultation on terms of reference 192 and for a particular period. 193

4.21 The Grenfell Tower Inquiry launched a consultation on the terms of reference
in July 2017, but this was judged by participants across the inquiry to have
been inadequate. Families at the INQUEST consultation argued that “there was
not enough research done…they didn’t consult enough with the community or
engage enough”. 194 One of our consultees, representing a public body core

189 PASC, supra note 44, para 74.
190 Ibid, citing HC 1995–96 114, para 5.19.
191 Seeking consensus on terms of reference also arguably reduces the prospect of legal challenge.
Judicial reviews were sought of the terms of reference at the outset of the Robert Hamill and Billy Wright
inquiries. See Hamill, Re Judicial Review [2008] NIQB 73 and Wright, Re Application for Judicial
Review [2006] NIQB 90).
192 In their evidence to Government by Inquiry, Sir Robert Francis QC and the General Medical Council,
PASC, supra note 44, para 82, a proposal reiterated by Sir Robert when giving evidence to this Working
Party.
193 Jason Beer QC, Public Inquiries (OUP 2011), para 2.103, noted that at one stage Government had
considered stipulating “a ‘cooling off’ period of perhaps of a few weeks before the terms of reference
were set by the minister. The Select Committee on the Inquiries Act 2005, supra note 30, also suggested
at para 150 that a short period of no more than a month should be allowed between the announcement
of an inquiry and the finalisation of the terms of reference.
194 INQUEST (2019), supra note 11, para 2.1.2.
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