Concordat on the Inquiries Act 2005

Concordat between the UK Government and the Welsh Assembly Government on the Inquiries Act 2005

1. This Memorandum sets out the understanding of, on the one hand, the United Kingdom Government and, on the other hand, the Welsh Assembly Government (“the Assembly Government”), of the way in which Ministers of the United Kingdom Government (“UK Ministers”) will, under the circumstances set out in paragraph 3, exercise their power to establish an inquiry under section 1 of the Inquiries Act 2005 (“the Act”) or to convert an inquiry under section 15 of the Act.

2. This Memorandum is a statement of political intent. It does not give rise to legal obligations and is binding in honour only.

3. The circumstances referred to in paragraph 1 are that the inquiry which the UK Minister is proposing to establish or to convert is one whose terms of reference include a requirement to determine any fact or make any recommendation that is wholly or primarily concerned with a “Welsh matter” as defined by section 27(7) of the Act.

4. Where such circumstances arise, the UK Minister is required by section 27(2) of the Act to consult with the National Assembly for Wales. As part of this process, the UK Minister will request that the Assembly Government invite the National Assembly for Wales to consider exercising, with the Minister, the power under section 32 of the Act to hold the inquiry (whether by establishing or, as the case may be, by converting the inquiry) jointly.

5. Where, upon being invited to do so, the National Assembly for Wales has agreed in principle to the holding of a joint inquiry, the UK Minister in question and the Assembly Government will use their best endeavours to agree on such arrangements as are necessary to give effect to that agreement.

6. A UK Minister will not, other than in exceptional circumstances, establish an inquiry under section 1 of the Act to which section 27(2) applies unless the Assembly Government has agreed to the proposal to do so.