Question to the Ministry of Justice:

To ask His Majesty's Government, following the decision of the Court of Appeal in Northern Ireland In re Bridie Brown (CA) on 3 April, in which cases since the commencement of the Human Rights Act 1998 have the courts ordered the Northern Ireland Office to hold a public inquiry related to Article 2 of the European Convention of Human Rights; who is responsible under the Inquiries Act 2005 for deciding to set up statutory inquiries; under what powers the judiciary in Northern Ireland and England and Wales can make a declaratory or mandatory order that a public inquiry be set up; and what are the consequences of refusal to carry out such an order.

Aside from the case of Brown, the Courts have never ordered the Secretary of State for Northern Ireland nor any other Government Minister to establish a public inquiry.

Under section 1 of the Inquiries Act 2005 the power to set up a statutory public inquiry lies with a Minister. A Minister may cause an inquiry to be held under this Act in relation to a case where it appears to them that (a) particular events have caused, or are capable of causing, public concern, or (b) there is public concern that particular events may have occurred.

There are no statutory powers in the Inquiries Act 2005 for the judiciary in England and Wales or Northern Ireland to set up a public inquiry.