Updated Ministerial Code includes a revision to the rules around establishing public inquiries

On 13 October 2025, an updated version of the Ministerial Code was published. This version included modifications to severance payments, obligations on leaving office and the rules surrounding business appointments. 

We were particularly interested to see a revision to the rules around establishing public inquiries, summarised below. 

The Ministerial Code

The Ministerial Code sets out the standards of conduct expected of ministers and how they discharge their duties. Chapter 7 details the requirements for establishing a public inquiry, and the November 2024 edition of the code stated:

7.13. The Prime Minister must be consulted in good time about any proposal to set up:

b. Public inquiries established by ministers.

7.14. The Lord Chancellor and Secretary of State for Justice should also be consulted where there is a proposal to appoint a judge to the above.

The October 2025 edition of the Ministerial Code incorporates a new code 7.14:

7.13. The Prime Minister must be consulted in good time about any proposal to set up:

b. Public inquiries established by ministers.

7.14. A Cabinet Office minister must be consulted before a department seeks the Prime Minister’s agreement to set up a public inquiry, and on its terms of reference.

7.15. The Lord Chancellor and Secretary of State for Justice should also be consulted where there is a proposal to appoint a judge to the above.

Inquiries Act 2005

Under Section 6 (1) of the Inquiries Act 2005, a minister proposing an inquiry must, as soon as reasonably practicable, make a statement to the relevant Parliament or Assembly. This statement must set out the inquiry’s terms of reference or indicate what they will be.

The new Ministerial Code 7.14 introduces an additional requirement stating that the Cabinet Office minister must be consulted before a department seeks the Prime Minister’s agreement to set up a public inquiry and on its terms of reference. This update has been released amidst increasing discussions around the processes and effectiveness of public inquiries and increasing debates about potential reforms, including the role of the Cabinet Office’s Inquiries Unit. 

The House of Lords Statutory Inquiries Committee Report

In September 2024, the House of Lords Statutory Inquiries Committee made several recommendations related to the establishment and running of inquiries and also on following up and implementing the findings of public inquiries.  A key recommendation was that the sharing of best practice in setting up and running inquiries needs to be improved and that the work started by the Inquiries Unit should be built upon to develop an efficient bank of information for those involved in inquiries to utilise. 

The Government published detailed responses to each of the Committee’s findings in February, expressing agreement that “the 2005 Act and the wider governance structure of public inquiries must be improved.” It committed to provide a further update to Parliament on its intentions for any wider reforms of the frameworks around inquiries.  With over 20 public inquiries now underway in the UK, it will be interesting to see whether the new Ministerial Code requirement represents a step in that direction.

If you would like to discuss any of the topics raised in this article, please contact Gemma Ludgate, Charlotte Whitaker or any other member of our public inquiries team.

This summary was written by Nicole Simpson and Gemma Ludgate.

Related articles:

The House of Lords reports on the operation of public inquiries

Introduction of the Hillsborough Law: What would the Public Office (Accountability) Bill mean for public inquiries?

The High Court rules on the enforcement of an Inquiry’s recommendations.