Inquiries Act 2005

25 Publication of reports U.K.

(1) It is the duty of the Minister, or the chairman if subsection (2) applies, to arrange for reports of an inquiry to be published.

(2) This subsection applies if—

(a) the Minister notifies the chairman before the setting-up date that the chairman is to have responsibility for arranging publication, or

(b) at any time after that date the chairman, on being invited to do so by the Minister, accepts responsibility for arranging publication.

(3) Subject to subsection (4), a report of an inquiry must be published in full.

(4) The person whose duty it is to arrange for a report to be published may withhold material in the report from publication to such extent—

(a) as is required by any statutory provision, [F1 [F2 assimilated enforceable] obligation] or rule of law, or

(b) as the person considers to be necessary in the public interest, having regard in particular to the matters mentioned in subsection (5).

(5) Those matters are—

(a) the extent to which withholding material might inhibit the allaying of public concern;

(b) any risk of harm or damage that could be avoided or reduced by withholding any material;

(c) any conditions as to confidentiality subject to which a person acquired information that he has given to the inquiry.

(6) In subsection (5)(b) “harm or damage” includes in particular—

(a) death or injury;

(b) damage to national security or international relations;

(c) damage to the economic interests of the United Kingdom or of any part of the United Kingdom;

(d) damage caused by disclosure of commercially sensitive information.

(7) Subsection (4)(b) does not affect any obligation of the Minister, or any other public authority or Scottish public authority, that may arise under the Freedom of Information Act 2000 (c. 36) or the Freedom of Information (Scotland) Act 2002 (asp 13).

(8) In this section “report” includes an interim report.

Textual Amendments

F1 Words in s. 25(4)(a) substituted (31.12.2020) by The Inquiries and Coroners (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1252), regs. 1(1), 2(c); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in s. 25(4)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 57(2)(b)