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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 31 August 2025
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Displaying 1222 contributions

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Finance and Public Administration Committee

Scottish Public Inquiries (Cost-effectiveness)

Meeting date: 27 May 2025

Liz Smith

Based on the very interesting comments that you have just made, Dr Ireton, do you feel that there is a case for judge-led inquiries, to ensure that there is public trust?

Finance and Public Administration Committee

Scottish Public Inquiries (Cost-effectiveness)

Meeting date: 27 May 2025

Liz Smith

If evidence that has not been foreseen comes to an inquiry, is it appropriate to change, extend or modify the terms of reference, to allow that evidence to become a critical part of the inquiry?

Finance and Public Administration Committee

Scottish Public Inquiries (Cost-effectiveness)

Meeting date: 27 May 2025

Liz Smith

Just to be absolutely clear, am I correct in thinking that, if evidence is forthcoming that was not foreseen at the start of the inquiry, it is for the chair to go back to the Scottish Government for any amendment or adjustment to the terms of reference?

Finance and Public Administration Committee

Scottish Public Inquiries (Cost-effectiveness)

Meeting date: 27 May 2025

Liz Smith

That is why I am asking the question—I was aware of that. In the Inquiries Act 2005, it is clear that there is limited scope for such evidence. As I understand it, not even recommendations can be made to other jurisdictions. Nonetheless, some evidence from foreign jurisdictions might be relevant to a public inquiry. It is just a question of what process can be used to open that up.

Finance and Public Administration Committee

Scottish Public Inquiries (Cost-effectiveness)

Meeting date: 27 May 2025

Liz Smith

That was generally accepted to be a perfectly acceptable endeavour.

Finance and Public Administration Committee

Care Reform (Scotland) Bill: Financial Summary

Meeting date: 27 May 2025

Liz Smith

And secondary legislation, too?

Finance and Public Administration Committee

Scottish Public Inquiries (Cost-effectiveness)

Meeting date: 27 May 2025

Liz Smith

My second question relates to some of the evidence that we have taken prior to today: namely, that there is concern that the growing demand for public inquiries—with some exceptions; not in relation to Covid, for example—is coming about because there is a perceived failure of Government agencies to address specific problems. Therefore, it is convenient for a Government to push the issue aside and say, “The inquiry will look after that,” when, in fact, there is a role for Government, which should be sorting the delivery of our public services a bit better. Do you agree with that?

Finance and Public Administration Committee

Scottish Public Inquiries (Cost-effectiveness)

Meeting date: 27 May 2025

Liz Smith

What criteria would you use in deciding that an inquiry should be judge led?

Finance and Public Administration Committee

Scottish Public Inquiries (Cost-effectiveness)

Meeting date: 27 May 2025

Liz Smith

In your experience, would that discussion be had between the Scottish Government and a proposed chair?

Finance and Public Administration Committee

Scottish Public Inquiries (Cost-effectiveness)

Meeting date: 27 May 2025

Liz Smith

That is helpful. Lord Hardie, the terms of reference of any public inquiry are primarily for the Scottish Government to decide. In some inquiries, those who are affected by the inquiry, plus the chair of the inquiry and their team, will have input to those terms of reference. I think that I am right in saying that we have had three inquiries—Penrose, child abuse, and Covid—in which the terms of reference have changed over time because certain evidence has come out and there has been a case for making a change. Are we often under pressure to change the terms of reference, because of the difficulties with some public inquiries?