Annex A > Chapter 1 - The Background to and Conduct of the Public Inquiry > The Terms of Reference > The Preliminary Hearing and the call for evidence
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The Preliminary Hearing and the call for evidence
18 A Preliminary Hearing took place, in public, in Bristol [12] on 27 October 1998. The purpose of this hearing was to explain the function and procedures of the Inquiry and to consider any applications for legal representation to be paid out of public funds.
19 By that time, a number of organisations had already started to respond to the Inquiry's requests for documents relevant to the Terms of Reference. In addition, the Chairman publicly called for all who had relevant documentary evidence to send it to the Inquiry. He stressed that, if necessary, the Inquiry would use its statutory powers to require the production of documents and the attendance of witnesses.
20 The Chairman emphasised that the Inquiry was neither a trial nor a disciplinary hearing: there were to be neither `parties' nor `sides'. The Inquiry would not adopt the process of a criminal or civil court, but rather, an inquisitorial as opposed to an adversarial approach, since this was most suited to the Inquiry's duties under the Terms of Reference. Thus, those who were involved in the Inquiry were referred to as `participants' rather than `parties'.
21 The 1977 Act provides power for the Secretary of State for Health to order the payment of participants' costs out of the public purse, on the recommendation of the Chairman. [13]
22 In keeping with established conventions, the Chairman indicated that he would not recommend that public bodies, commercial organisations, trade unions and other bodies with substantial funds should have their costs met from the public purse.
23 Applications for funding from the public purse were received from the Bristol Heart Children Action Group (the BHCAG), the Bristol Surgeons Support Group (the BSSG), Mr Jim and Mrs Bronwen Stewart, [14] the Royal College of Nursing (RCN) and the Medical Defence Union (MDU). There were also a number of incomplete applications from individuals.
24 Subsequently the Secretary of State accepted the Chairman's recommendations that the costs of the BHCAG and the BSSG be met out of public funds.
25 Where costs were to be met at public expense, they were paid at rates agreed by the HM Treasury Solicitor's Costs Department. [15] Prior approval of disbursements, including any expert's fee, above a minimal level, was also necessary. Bills of Costs were subject to scrutiny to ensure that it was proper to fund any work done out of public funds.
26 Additionally, a small number of witnesses were reimbursed for the expense of their attendance at the hearings. [16]
27 The Chairman emphasised to all participants that, unless there was a significant conflict of interest or other justification, the appearance of multiple teams of lawyers would be considered to be unnecessary. In the case of the BHCAG and the BSSG, in order to ensure that focused legal representation for parents and patients was available, it was agreed that one team of solicitors should represent each Group and instruct one team of barristers. This minimised costs, while achieving maximum efficiency.
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Footnotes
[12] The Council House, College Green, Bristol
[13] Section 84(6) of the 1977 Act provides: `Where the Secretary of State causes an inquiry to be held under this section he may make orders - `(a) as to the costs of the parties at the inquiry, and `(b) as to the parties by whom the costs are to be paid ...'
[14] The parents of Ian Stewart, a patient who underwent open-heart surgery at the BRI
[15] Based on local rates subject to level of case-holder
[16] A list of costs appears in the Appendices to the Final Report