- Home
- Introduction
- Determining the need for an inquiry
- Establishing the inquiry
- Practical planning for a public inquiry
- Budget forecasting and business management for public inquiries
- Investigation
- Document Review
- Interviewing witnesses and preparing statements
- Suggested Protocol for determination of public interest immunity
- Suggested Protocol for the application of anonymity
- Compelling evidence to be given to a public inquiry
- Reasons for non-compliance with a section 21 Notice
- Confidentiality, privacy and human rights
- Enforcement Proceedings under the Inquiries Act
- Disclosure obligations of a public inquiry
- Holding a hearing
- The report
- The end of a public inquiry
- rss
Suggested Protocol for determination of public interest immunity
Application on the papers
- Receipt by inquiry of PII application by public body.
- Counsel to the Inquiry’s view sent to the applicant for comments.
- Applicant to submit comments to the inquiry within 14 days of the date of the letter informing him of those comments.
- Chairman to make a preliminary decision as to whether he is minded to grant the PII application and, if he is, to prepare a suitably edited version of the PII application (if this does not place in jeopardy the PII in issue).
- Edited version of the PII application to be sent to applicant and any comments he wishes to make must be received by the inquiry within 14 days of the date of the letter providing him it.
- Chairman to consider the applicant’s comments and to make any necessary amendments to the edited version of the PII application.
- Edited version of the PII application, incorporating any amendments, to be sent to the applicant and to any core participant/witness likely to be affected by the application.
- Comments by any core participant/witness to be sent to the inquiry within 14 days of the date of the letter.
- Chairman to make a decision, giving his reasons.
- Decision sent to applicant who, if his application is refused or allowed only in part, has the right to make an oral application to the whole Panel within 14 days of the date of the letter.
- Copy of the decision, edited if necessary to protect the PII in issue, to be sent to any objector if the Chairman has granted the PII application. If the Chairman has refused the PII application in its entirety the inquiry will simply inform the objector of this fact.
Oral Hearing
The applicant will be given notice of the date and venue of the oral hearing.
If this can be done without jeopardizing the PII in issue objectors will be also informed of the date and venue of the oral hearing.
If they have been so informed, objectors will be entitled to attend but how much they can be told and to what extent there can be an inter partes hearing of the application will have to be decided on the occasion of the oral hearing in light of the issues to be considered. They will, though, be entitled to address the Panel inter partes. The aim will be to adopt a flexible approach so as to facilitate proceedings and reach a decision which is fair to all parties.
The applicant will be provided with the information arising from paragraph 3 above.
The view of Counsel to the Inquiry will be obtained throughout the PII application procedure
Keep updated on latest news