knowledge 22 May 2026 |

Public Inquiries: the Conclusion of an Inquiry

1. Understand the procedure and what to expect for the conclusion of an inquiry

Typically, the legislative regime pursuant to which an inquiry is operating will set out the concluding steps of an inquiry. For example, in relation to Commissions of Investigation, part 5 of the Commissions of Investigation Act 2004 sets out the legislative requirements for the conclusion of an investigation and what is required by the Commission in terms of presenting the findings of the investigation to the Taoiseach. Similarly, the concluding steps of an inspection led by High-Court appointed inspectors and delivery of their findings to the Court, are briefly dealt with in s758 – s760 of the Companies Act 2014.

However, legislation is often largely silent in relation to the practical aspects of how public inquiries are concluded, and what parties can expect at this stage of the lifecycle of an inquiry.

Timelines

Typically, the inquiry will communicate with the parties involved or their legal advisers in relation to the various steps, including expectations for timing of the delivery of the final report. The inquiry might also present interim reports to the entity that commissioned the inquiry, to provide a general update on the progress of the inquiry and anticipated timeframes.

It can, however, be difficult even for the inquiry to accurately predict timing for its conclusion. In our experience, delays are often experienced owing to a number of factors, such as unavoidable external factors, the requirement to follow robust fair procedures, and having regard to the volume of documents and evidence that the inquiry is required to review and assess, prior to drawing its conclusions.

What to expect: The concluding steps 

On conclusion of an inquiry, a final report will be presented to the commissioning authority which sets out the facts, findings, conclusions drawn, and in some cases, recommendations. Thereafter, the report will be published via official channels and made publicly available.

However, in advance of publication and wider distribution of an inquiry’s final report, the parties will usually, as a matter of fair procedures, be given the opportunity to review a draft version of the report, on a strictly confidential basis and make submissions on it. The draft report will include the inquiry’s findings on a provisional basis, sometimes with appropriate caveats to account for any challenges or objections which might be made to those findings prior to publication. This is a critical step in the inquiry and provides a final opportunity for parties to set out their position, by reference to the evidence available, in light of the conclusions proposed to be drawn by the inquiry.

2. Draft report: an opportunity for review and challenge

Confidentiality considerations

When the draft report is circulated, it is crucial that it is handled in accordance with strict confidentiality protocols, in order to protect against leaks or inadvertent sharing of the draft report, in circumstances where the inquiry’s findings are not yet final and may be subject to change prior to final publication. All parties entitled to receive the report in draft form should therefore be made aware of their confidentiality obligations and may also be requested to sign an agreement in respect of the confidential treatment and handling of the draft report, prior to circulation.

Opportunity for submissions

In accordance with fair procedures, the parties will be invited to make submissions in respect of the provisional findings contained in the draft report, allowing an opportunity to contest the draft findings, for example on a point of law, or to clarify and correct any factual inaccuracies in respect of the inquiry’s interpretation of the evidence. There may also be a right, as there is under the Commissions of Investigation Act 2004, to apply to the High Court for an order directing amendment to the draft report before the report is submitted to the specified Minister.

Legal submissions might be delivered in written form or orally, and often inquiries will allow both, to ensure that the parties are afforded a sufficient platform to be heard and raise any objections necessary in respect of the provisional conclusions. It is also in the interest of the inquiry to allow the conclusions to be properly tested, to minimise the risk of any subsequent successful challenge.  

On reviewing a draft report, the parties involved and their legal advisers might, for example, consider the following points in respect of the inquiry’s provisional findings:

1. Is the summary of the facts balanced (as opposed to one-sided), which accounts for and gives appropriate weight to all of the evidence heard?
2. Have any important facts or parts of the chronology of events been omitted from the draft report, which provide important or essential context to the reader?
3. Are there any inaccuracies or factually incorrect statements which should be corrected or omitted from the report?
4. Do any legal issues arise in respect of the inquiry’s findings which should be challenged on a point of law?
5. In circumstances where conflicting evidence has been heard, has this been appropriately dealt with?
6. Are there any findings which a party was not given an opportunity to address during the inquiry?
7. Can the facts and provisional findings be sufficiently supported by the documentary and oral evidence, and are they referable to the source information?
8. How is personal/private data treated, and should any confidentiality issues (for example in respect of witness or participant anonymity) be considered?
9. Has legally privileged material been referenced or relied upon?
10. Do any of the provisional findings go beyond the terms of reference?

The content of the final report is ultimately a matter for the inquiry. The inquiry may or may not choose to revisit and amend the provisional conclusions based on any legal submissions received on the draft report.  However, where a Court, following an application made to it, directs the making of amendments to the draft report, the inquiry will be required to make such amendments as directed by the Court.

The inquiry should ensure that it carefully considers all legal arguments made in submissions. It must exercise caution that its findings are sufficiently grounded in evidence, in order to avoid any future successful challenge to the final report when delivered.

3. Final report and publication

After all submissions on the draft report have been considered, and the report is finalised, it will be presented to the authority which commissioned the inquiry and thereafter, the report will be published. The parties to the inquiry may also have the benefit of reviewing the final report, in the days prior to its publication.

Often public inquiries garner widespread media attention and so, depending on the outcome, those involved might consider whether there is merit in issuing a statement in relation to its findings.

Questions of costs can also arise following publication of a final report and the parties should consider whether there are any mechanisms available under the relevant legislation, which allow recovery of costs in the circumstances, or equally, whether they are liable to cover certain of the costs of the inquiry.