Scottish Ministers should set defined timescales and fixed budgets for public inquiries, says a new parliamentary report.
The recommendation is one of a raft of measures from Holyrood’s Finance and Public Administration Committee to improve the cost-effectiveness of public inquiries.
The committee’s report says inquiries are “over-stretched and poorly defined” and subject to limited financial control.
It also says there is a “lack of clarity and openness” on the decision-making process leading up to inquiries being established.
The report follows an eight-month investigation into the cost-effectiveness of public inquiries – the first time a Holyrood committee has examined the subject.
The cost of inquiries in Scotland alone has risen by £30 million this year to £258 million since 2007.
Impact on frontline services
The committee also highlights the impact on frontline services when staff and resources are redirected to an inquiry.
For example, a trial judge presides over 34 trials a year on average. If a judge is involved in an inquiry lasting years, it has an impact on the justice system.
The committee says its recommendations are practical and can be implemented quickly.
Finance and Public Administration Committee convener Kenneth Gibson said: “Our investigation was prompted by increasing concern over the escalating cost of public inquiries.
“In practice, there is currently limited ability for Ministers to control expenditure and stop costs spiralling – or to stop an inquiry dragging on for years once it’s up and running.
“Our study of international models shows there are better alternatives for cost effectiveness and effective delivery. For example, Sweden normally requires its public inquiries to conclude within two years and within a set budget.
“We are also concerned at the impact on existing services if resources are redirected to inquiries that may last for years.
“We therefore recommend the Scottish Government amends its devolved Inquiries (Scotland) Rules 2007, to require a defined timescale and fixed budget at the start of every inquiry. Any subsequent justification for an extension should be brought before Parliament.
“In the longer term, the Scottish Government should work with the UK Government to update the Inquiries Act 2005 – which is reserved – to make this a primary legislation requirement.”
Practical actions, quickly
Mr Gibson added: “Our recommended package of measures is designed to strike the right balance. Retaining flexibility to meet the unique circumstances of individual inquiries, while strengthening financial controls and promoting fiscal sustainability.
“Our focus is on practical actions that can be implemented quickly within Scotland. It will benefit everyone – not only people seeking answers and justice, but taxpayers and everyone who uses public services.
“The Finance Committee urges the Scottish Government to act decisively on these recommendations to ensure Scotland’s public inquiry system is cost-effective, transparent and accountable.”
A summary of the committee’s recommendations is set out in Annexe B of the committee’s report.
The committee’s report covers themes including:
- Limited transparency of government decision-making prior to inquiries being established
- A lack of sufficient financial control of inquiries and the timeline for delivery
- The rising cost and frequency of public inquiries in Scotland
- The opportunity cost of public inquiries and the impact on frontline public services
- The need for financial transparency and regular, consistent publication of costs – both cumulative and disaggregated
- The need for clarity on the core purpose of an inquiry and its terms of reference
- Views from relatives and families with experience of public inquiries
- Judge-led inquiries – its impact on the courts and effective alternative models
- International comparisons from Sweden, New Zealand and Australia
- Implementing report findings – the lack of tracking and evaluation of the implementation of findings following an inquiry.
The committee’s report says its package of measures aim to:
- increase transparency within the public inquiry system
- promote consistency and openness in Scottish Government decision-making
- provide greater support for inquiry teams
- strengthen oversight and scrutiny, and importantly
- improve cost-effectiveness and fiscal sustainability of the system.
