Constitutional and Administrative Law: Tribunals and Inquiries

Inquiries:Inquiries Act 2005 Purpose - to provide a new legal framework for inquiries- no effect on government power to appoint non-statutory inquiries. Repealed the Tribunals of Inquiry (Evidence) Act 1921.  Allows any UK gov't minister to appoint an inquiry when 'particular events' caused or may cause public concern, or 'there is public concern that particular events may have occurred' (s.1(1)).

Tribunals: Franks Committee (1957): No tribunal should be part of the structure of a government department - they exercise essentially judicial functions, albeit of a specialised nature. 'Machinery provided by Parliament as adjudication rather than as part of the machinery of administration'. Advantages of Tribunals over Courts: Specialised knowledge: Tribunals better equipped to deal with such affairs (e.g. employment, immigration). Reduced burdens of courts: Tribunals handle large volume of first-instance decisions in specific fields. More Reliable Assessment: Tribunals are more independent, able to effectively assess departmental functions i.e. implementation of policies, correct application of rules.  Informal and flexible procedure: Tribunals provide quicker and easier responses to cases than courts. Cheaper: Tribunals do not charge court fees. The indemnity rule additionally does not apply. (Cheapness, speed, accessibility and informality)

Leggatt Review: Fastened on participation as one of three linked principles that should govern the allocation of decisions to tribunals, the other two being accessibility to users and the need for special expertise. Leggatt Para 1.11 (Participation): 'Users should be able to prepare and present their own cases effectively, if helped by good-quality, imaginatively presented information, and by expert procedural help from tribunal staff and substantive assistance from advice services.'

Tribunals, Courts and Enforcement Act (TCEA) 2007: Act established tribunals as 'vital but distinct part of the independent civil justice system' and their adjudicators as 'full members of the independent judiciary' with full guarantees of independence. It set up a new Tribunals Service as an executive agency of the Ministry of Justice, which provides common administrative support to the larger tribunals. New two-tier system of tribunals.

Inquiries

Tribunals

Leggatt Review

Tribunals (TCEA)