Why does Scotland hold public inquiries amidst escalating costs

The Herald Scotland

03-06-2025

It has come as it emerged the Scottish Government has admitted there is no legal requirement to monitor whether lessons learnt recommendations from inquiries are actually acted on.
The current cost of all live inquiries has soared thirteen-fold over ten years to stand at nearly £180m and it is estimated the overall costs has reached nearly £250m since 2007.
What are public inquiries?
Public inquiries in Scotland are formal investigations established to examine events or issues of significant public concern.
They are often convened in response to events that have caused significant public concern, such as disasters, systemic failures, or allegations of misconduct.
The inquiries are typically independent and aim to establish facts, determine accountability, and recommend changes to prevent recurrence.
Why are they held?
They aim to uncover the truth, ensure accountability, and recommend improvements to prevent future occurrences.
They aim to establish what happened during a particular event or series of events and to determine who was responsible for the events in question.
They seek to learn lessons from an event, identify what went wrong and recommend measures to prevent similar occurrences in the future.
They aim to restore public confidence, and show that issues are being taken seriously and addressed appropriately.
Do they have any legal standing?
They are primarily governed by the Inquiries Act 2005 which sets out procedures for their establishment and conduct including the appointment of a chairman, the powers to compel evidence, and the publication of findings. Additionally, the Inquiries (Scotland) Rules 2007 provides specific procedural rules for inquiries held in Scotland.
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They can be either statutory or non-statutory, with statutory inquiries having legal powers to compel evidence and witness testimony under the Inquiries Act.
What are the most notable public inquiries in Scotland?
The Scottish Child Abuse inquiry which was established in 2015 to investigate the abuse of children in care faced criticism for delays and costs which have exceeded £90m.
The Scottish Child Abuse InquiryThe second most expensive live public probe is the Scottish Covid-19 inquiry which started in August, 2022 to examine Scotland's response to and the impact of the pandemic and to learn lessons for the future. Its costs in December last year were at £34m.
The Penrose inquiry which ran between 2008 and 2015 examined the transmission of hepatitis C and HIV through NHS blood products. The inquiry faced criticism for its limited scope and lack of accountability.
The Edinburgh Tram Inquiry which was started in 2014 to investigate delays and cost overruns in the capital trams project also faced scrutiny for its prolonged duration and expenses.
And the Scottish Hospitals Inquiry was established in 2019 to examine issues related to the construction of two major hospitals, focusing on patient safety and building standards.
How are public inquiries conducted?
They appoint a chairman and set terms of reference where the scope of the probe is defined.
The inquiry collects written and oral evidence from witnesses, experts, and relevant parties.
Public hearings may be held to examine evidence and question witnesses, often open to the public and media.
A final report is usually published, detailing findings, conclusions, and recommendations.
Throughout the process, inquiries aim to be transparent and impartial, ensuring public trust in their findings.
What are the challenges that public inquiries face?
Their costs can be expensive, with some, like the Scottish Child Abuse Inquiry, costing over £90 million.
And they can take several years to complete, leading to criticism over delays in justice and implementation of recommendations.
There has also been concern that recommendations from inquiries are not always acted upon promptly or effectively, limiting their impact.
How effective are public inquiries?
It varies. While they can reveal critical information and lead to significant reforms, their success is reliant on the implementation of recommendations, the willingness of authorities to enact change and the ability to get to all crucial evidence.
There is concern about about the standing of non-statutory inquiries through the ability to access evidence and to compel key witnesses to co-operate.
Unlike statutory inquiries, participation with non-statutory inquiries such as the Edinburgh Tram Inquiry is voluntary which can hinder the inquiry's ability to gather comprehensive evidence.
Edinburgh Tram InquiryInquiries that are seen as thorough and impartial tend to restore confidence, while those seen as delayed or inconclusive may exacerbate public dissatisfaction.
How does the Scottish Government view public inquiries?
They see public inquiries as essential instruments for investigating events of significant public concern, establishing facts, and ensuring accountability. They are designed to operate independently, providing transparent and thorough examinations of issues to learn lessons and implement necessary changes.
In establishing the Scottish Covid inquiry, the government emphasised its dedication to openness and accountability. The inquiry was tasked with scrutinizing the strategic handling of the pandemic, aiming to provide an independent assessment of decisions and actions taken. And the government said that reflected its belief in the effectiveness of public inquiries to address complex issues and restore public confidence.
It has previously told the Herald: "Public inquiries provide important opportunities to establish facts and to learn lessons for the future in the most transparent means possible.
"Statutory public inquiries are established in accordance with the Inquiries Act 2005 and operate independently of government."