A ministerial inquiry is not, of course, established pursuant to a statute. Thus, any evidence or documentation provided to a ministerial committee may be the subject of Official Information Act requests, including requests by those wanting to sue the parties being investigated by the inquiry. On top of these challenges, counsel representing clients before ministerial inquiries may find those clients subject to public criticism by ministers. The decline of public confidence in public institutions and the demand for greater transparency and accountability has created incentives for politicians to make public criticisms. Clients may also be subject to public criticism by Opposition MPs who think that criticising your client is synonymous with criticising the Government.
Most ministerial inquiries have public hearings.
In such circumstances, perception becomes as important as reality, and must be factored into how the theory of the case is best advocated. Select committee inquiries Ministerial inquiries may result in subsequent select committee inquiries on particular issues. Unlike ministerial inquiries, select committee inquiries have the power to compel the production of all relevant documents and to compel the attendance of any person under Standing Orders197 and 198 of the Standing Orders of the House of Representatives . This gives the subject select committees the power to conduct inquiries into any matter in their subject area. Most select committee inquiries relate to policy questions and not to the conduct of individuals.