Public Inquiries are independent investigations which are established in response to public concern about a particular event or set of events.

The terms of reference once published will set out the nature of and provisional scope of the inquiry. We have emphasised that any Inquiry must be compliant with domestic and international human rights standards, and most importantly the bereaved must be centrally involved in its participation.

Public Inquiries investigating the handling of the Covid-19 pandemic are ongoing across many countries. The UK Covid-19 Inquiry is currently taking place and the investigation is being completed on a modular basis. Other countries such as Sweden and The United States have also launched Covid commissions with Sweden’s investigation producing interim reports in 2020, 2021, and a concluding final report in February 2022.

It has been reported that an upcoming Inquiry in the Republic of Ireland will take a similar form to that of Sweden’s Covid-19 state investigation.

In January 2023, Taoiseach Leo Varadkar confirmed that the investigation into the State’s handling of the Covid-19 pandemic will take the form of a full public inquiry. The Inquiry has been confirmed to begin in 2024 after a series of delays. The Government have not yet published the terms of reference, a document outlining the scope of the Inquiry, and the appointment of members is yet to be made. However, Health Minister Simon Harris has confirmed that the Inquiry’s terms of reference are to be presented to Cabinet shortly. We believe it is vital that bereaved family members who lost loved ones to Covid-19 deserve answers. This means that bereaved families should be at the heart of any upcoming Inquiry.

Taoiseach Leo Varadkar has confirmed that the investigation into the State’s handling of the Covid-19 pandemic will take the form of a full public inquiry. We await the terms of reference to be published which will outline the nature and the provisional scope of the inquiry’s investigation.

In the Republic of Ireland, there are several forms of public inquiry with different powers:

Tribunals of Inquiry

A Tribunal of Inquiry, often called a tribunal or statutory inquiry, are established with the powers, privileges, and rights of the High Court. Their work is primarily inquisitorial and not adversarial. Tribunals are invested with the power to compel the attendance and examination of certain witnesses and the production of relevant documents. Hearings are commonly held in public but can, at the Tribunal's discretion, be held in private. Upon completion, Tribunals are required to report their findings to Parliament (The Oireachtas).

Commissions of Investigation

A Commission of Investigation is established by Government order which must be approved by the Dáil and Seanad. The terms of reference for such investigations are set by the State or by an individual Cabinet Minister. While this method of investigation has been deemed more efficient and less expensive, evidence is typically presented to the Commission in private hearings. Upon completion, a commission of investigation will present a conclusive report of its findings to a specified Minister.

In Ireland, there have been some occasions following a state investigation that victims have been afforded the right to redress. For example, schemes have been established to compensate victims of various state failings during the relevant periods which were under investigation.

Examples of such compensation schemes include:

• The Hepatitis Compensation Tribunal 1995. Compensation was afforded to those infected with Hepatitis C or HIV as a result of the use of Human Immunoglobulin Anti-D or as a result of the receipt of a blood transfusion or blood product within the State.

• The Residential Institutions Redress Board 2002. Established to compensate victims of historical child abuse while resident in industrial schools, reformatories and other institutions subject to State regulation or inspection.

• Caranua 2013 was established under the Residential Institutions Statutory Fund Act 2012 to help those who experienced abuse in residential institutions and have received settlements through the Residential Institutions Redress Board or the courts.

• The Symphysiotomy Payment Scheme 2014 was set up to provide ex-gratia payments to women who underwent a surgical symphysiotomy or a pubiotomy in any hospital in the State between 1940 and 1990.

We consider this as vital because a statutory inquiry is established with the powers, privileges, and rights of the High Court.  Their work is primarily inquisitorial and not adversarial. Tribunals are invested with the power to compel the attendance and examination of certain witnesses, the production of relevant documents, and the requirement to involve the bereaved.

The goal of any Inquiry is to produce an evidenced understanding of the handling of the Covid-19 pandemic in Ireland. To determine accountability for failures of Government, State authorities and key stakeholders all of whom were involved in key decision-making throughout the pandemic. Finally, it will make recommendations to ensure lessons are learnt to inform Ireland’s preparation for, and response to future pandemics and/or public health emergencies.

Our expert legal team understand that everyone has a unique and individual story to share. We will aim to incorporate and prioritise every voice throughout our submissions at the various stages of any upcoming Inquiry.

A public inquiry cannot determine criminal liability. It can however conclude whether criminal and civil liability was present. For example, in the Hillsborough Investigation, the jury concluded that the deceased had been unlawfully killed which subsequently paved the way for separate criminal proceedings.