Page 85 - When Things Go Wrong

5.12 The rule plays an important role in maintaining the inquiry’s focus and
ensuring that the inquiry can proceed within its set timetable (and consequently
its budget). We have heard of a number of inquiries in which the rule has been
applied without controversy, typically with the CTI handling the bulk of
questioning and then core participants’ legal representatives asking particular
questions touching on specialist topics or areas particularly important to their
clients (cleared in advance with the CTI’s team).

5.13 However, exercise of the rule is entirely dependent on the approach taken by
the chair. Some inquiries have adopted a markedly inflexible approach; one
lawyer acting in the Renewable Heat Incentive Inquiry told us that they had
not been able to ask a question for two years. The Grenfell Tower Inquiry also
adopted a strict interpretation of Rule 10 during Phase I, with considerable
implications for participation of bereaved, survivor and resident core
participants:

Chief amongst [families’ frustrations] were concerns as to why their
lawyers did not have the power to directly question those giving evidence,
instead having to submit questions in advance to counsel to the Inquiry.
Many felt this placed them one stage removed from proceedings and felt
the five-day time frame for lodging questions limited their ability to digest
evidence before framing their follow up. 232

5.14 The inquiry team justified the approach taken by referencing the “inquisitorial”
nature of the proceedings. 233 However, this inflexibility to the rule has
contributed to a profound sense of alienation. Family members expressed the
view that: “legal representatives should be able to put questions forward rather
than passing them on post-it notes. It is about the way in which you deliver the
question…there is a way in which it is delivered now that makes it less
impactful”. 234

232 INQUEST (2019), supra note 11, para 2.4.1.
233 Fisher, supra note 198, p. 4.
234 INQUEST (2019), supra note 11, para 2.4.1.
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