Witnesses could face criminal sanctions for failing to give evidence at public inquiries, while solicitors and counsel to an inquiry could be granted statutory protection from libel and negligence claims under government plans to beef up the public inquiry process launched last week.

In response to a consultation with law firms, representative bodies and government agencies, the Department for Constitutional Affairs has put forward proposals to amend the public inquiry system through legislation.


Lidbetter: modernise inquiries
Under the proposals, inquiries could compel the production of documents and force witnesses to give evidence under oath. Criminal and other sanctions could be imposed by the High Court against witnesses who refuse.


Lawyers, panel members and assessors acting for the inquiry would be given statutory protection from claims for libel or negligence in relation to the proceedings.


The DCA also agreed with calls from solicitors that legal professional privilege should apply to communications between witnesses or participants and their lawyers, but it did not specify whether this would be included in the legislation.


Other key proposals included the creation of a dedicated inquiry unit within the Treasury Solicitor's Department to act as a knowledge base advising on procedure, accommodation, and IT equipment. The DCA also recommended an expedited judicial review process - with a time limit of six weeks as opposed to the usual three months - to prevent public inquiries being slowed down excessively.


Andrew Lidbetter, litigation and public law partner at City firm Herbert Smith, who prepared the firm's response to the consultation, said: 'This is a good opportunity to modernise the legislative framework for public inquiries. It is important that government makes inquiries as effective as possible as they are inevitably high profile and the issues involved are often emotional.'


Other contributors to the consultation included City firms Clifford Chance and Linklaters, Capsticks in south London, national firm Eversheds, and Norwich-based Steeles.