Balancing the rights of victim-survivors and impugned persons in public inquiries

Previous research on public inquiries has evaluated deficiencies in truth-seeking or traumatic experiences of victim-survivors of inquiry processes. This article addresses a specific gap in the literature, offering a critical perspective on the Irish approach to procedural fairness in public inquiries. Irish public inquiries have been significantly influenced by judicial development of the right of impugned parties to fair procedures. In contrast, despite some innovations to support witnesses in criminal trial, this article argues that Irish courts and inquiries to date have adopted an imbalanced approach between the interests of victim-survivors of harm providing testimony as witnesses to inquiries and impugned parties in inquiry processes and reports. In particular, the approach to testimony in inquiries does not reflect advances in how courts gather best evidence, including that of ‘vulnerable’ persons, either in Ireland or comparatively. This approach results in public inquiries being unnecessarily re-traumatising and distressing for victim-survivors.