Document Type

Article

Disciplines

International Law

Abstract

The procedure known as a public inquiry is not peculiar to Britain;' other states have similar mechanisms that serve analogous purposes. However, the British version is unique in its blend of procedures and functions. In Britain, traditional legal trial techniques have been adapted to what is essentially a policy-advice function. The standard public inquiry now is a court-like hearing at which the parties have the opportunity to present evidence and to argue on the merits of proposed administrative decisions. The inspector, who is appointed to hold the inquiry, does not make the decision but rather makes findings and conclusions on the evidence presented to him. The inspector then makes recommendations to the relevant governmental minister who makes the final decision.

Decisions can be classified according to their relation to a single issue or the formulation of general standards, their application of settled standards or substantial discretion or their affect on the parties involved or a range of interests.3 The precise classification inevitably will affect the suitability of the procedures chosen; the more policy oriented and the more interests involved, the less suitable is the trial style of procedure. Since their nature varies, public inquiries cannot be classified easily.

The Sizewell B Inquiry was unusual in that it involved the formulation of general policies which would affect a very wide range of interests as well as the particular issue as to whether or not to build the pressurized water reactor [PWR] at Sizewell. Moreover, the Sizewell B Inquiry broke all the superlatives for this class of public examination: the longest, the costliest, the most heavily documented, the most diversely argued, the most analytically demanding, the lengthiest writeup period and the most voluminous inspector's report. The inquiry extended into more adventurous realms than any of its predecessors. The inspector went to extraordinary lengths, arguably excessive in some instances, to try to make the inquiry full, fair and thorough. As a result, the inquiry became the most sophisticated, creative and innovative examination of its kind. Yet it retained almost all of the traditional features of the local public inquiry

Various factors influenced the characteristics of the inquiry, but the most important influence undoubtedly was that the government was very aware of the public misgiving and fears concerning the development of nuclear power, especially a United States prototype after the accident at "Three Mile Island." Officials viewed the inquiry as a "legitimatizing" institution, an instrument capable of assuaging these doubts. While an inquiry of this type may never be repeated, it nevertheless provided important insights into how complex scientific and political issues can be tested and debated publicly. This article addresses how the inquiry dealt with and influenced the assessment of the environmental impact of a large nuclear project.

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