Former judge fears taxpayers' cash wasted on inquiry reports 'gathering dust'
A former top judge has raised fears that taxpayers' money is being wasted because SNP ministers do not act on the recommendations of public inquiries.
Lord Hardie, who led the long-running £13million inquiry into the Edinburgh tram project, called for a new parliamentary body to be set up to monitor the way the Scottish Government responds to the findings of inquiries it sets up.
He said there is now a perception that the reports produced 'sit on ministers' shelves gathering dust', leading to concerns about 'wasted public money'.
It comes after it emerged that the total cost of all Scottish public inquiries since 2007 has ballooned to £230million.
In a further new development, it was also revealed yesterday that the cost of the Sheku Bayoh inquiry soared by £1million in just three months.
In a written submission to Holyrood's finance committee, which is carrying out an inquiry into the cost-effectiveness of public inquiries, Lord Hardie highlighted that there have previously been calls for a joint parliamentary committee 'to monitor government responses to inquiry recommendations and hold the government to account for implementing accepted recommendations'.
He said: 'The committee may wish to consider a similar approach to allay perceptions that reports of public inquiries sit on ministers' shelves gathering dust and result in concerns that the expenditure incurred on the relevant public inquiry was wasted public money.'
Lord Hardie, a retired judge, headed up the Edinburgh tram inquiry, which was set up in June 2014 and finally produced its report in September 2023.
In his new written evidence to the finance committee, he highlighted that the then First Minister Alex Salmond said the inquiry would be 'swift and thorough' and said this 'merely raised expectations of the public about the early conclusion of the inquiry' without the public realising that the statement had been made 'without any knowledge of what would be involved in undertaking an independent, transparent and thorough inquiry into the scandal of the Edinburgh Tram Project'.
He said there had been 'no discussion' prior to his appointment about timescales or agreed budgets, and criticised issues including 'inadequate IT' at the inquiry's office, which was paid for by the Scottish Government.
Lord Hardie said: 'The effect on staff morale was significant and there was a considerable waste of time and money during that time.'
He said 'little or no guidance' was provided to assist with the early stages of the inquiry, and added: 'The process of setting up the inquiry with accommodation, staff and other resources gave the impression of our reinventing the wheel.'
Since 2007, five public inquiries have been completed - the ICL Stockline disaster, fingerprinting, contaminated blood, Edinburgh's trams and the healthcare acquired infections - at a cost of £42.6million. Five more are currently ongoing - on child abuse, hospitals, Sheku Bayoh, Covid-19 and Eljamel.
In a letter to the finance committee, Lord Bracadale, chairman of the Sheku Bayoh inquiry, confirmed that total costs have increased to £24.8 million at the end of March 2025, which was £1 million higher than £23.8 million in December 2024.
It included staff costs of £13.3 million, £6.8 million of administration and accommodation costs, and £4.7 million on legal fees and expenses for core participants.
A Scottish Government spokesman said: 'We welcome the committee's interest and look forward to hearing their views.
'Public inquiries are set up when no other avenue is deemed sufficient given the issues of public concern. In many cases, such as the Scottish Covid Inquiry, they are set up with the support of, or in response to calls from, the Scottish Parliament.
'Public inquiries operate independently of government and the Chair has a statutory duty to avoid unnecessary costs.'
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