For each of the 46 recommendations in the report An Investigative Review into the process of establishing, managing and supporting Independ…

Set out below are the Scottish Government's responses to the accepted recommendations.Chapter 1: Background and Process1. We recommend that appropriate data on the frequency and nature of ‘Commissioning Inquiries, Reviews and Panels’ is collected, recorded and reported. This will help provide an understanding of the review process more generally and inform best practice for future reviews.In view of the wide variety of inquiries and reviews, The Scottish Government are not convinced of the relevance of collecting data on the frequency and nature of inquiries and reviews. The Scottish Government guidance provides future reviews or inquiries with an understanding of the process and inform best practice.The guidance also requires inquiries to produce a “lessons learned” document when the inquiry is being wound up and it seems more appropriate for a new inquiry or review to refer to lessons learned documents from previous inquiries which investigated issues similar to those at hand.2. We recommend that a distinction is made between those which have been established within a statutory framework and those which have not. Including this detail on a website will inform the public understanding.The guidance explains the difference between those which have been established on a statutory or non-statutory basis.It cites the example of the Edinburgh Trams Inquiry as an inquiry which was converted into a statutory inquiry.Chapter 2: The title, remit and terms of reference of a review.4. We recommend that, where possible, the chair is involved in the decision of what the title of the review should be.The name of a review or inquiry does not seem as critical as its actual remit, given it is Ministers that agree on inquiries and reviews to be held and agree the terms of reference with the prospective chair, it seems that they should have principal responsibility for its title.5. We recommend that material or key terms contained in a title should be explicitly defined and agreed by members.The name of the review or inquiry will be an indication of its purpose and seems likely to be settled on by Ministers, and the proposed chair, before other members of the panel are appointed.7. We recommend that the interests and expertise of all members are considered when drafting and agreeing the remit.The members of the panel of an inquiry or review will be chosen for their expertise in the subject matter of the inquiry and will be appointed usually after the inquiry has been announced. Most public inquiries are chaired by a judge sitting alone, however, and s/he will be chosen for his or her expertise in the likely remit of the inquiry.8. We recommend that the rationale for the remit is clearly agreed.Under section 5(4) of the Inquiries Act 2005, the terms of reference for an inquiry under that Act will be discussed with the proposed chair by Ministers.9. We recommend that consideration should be given as to who sets the terms of reference. For example, this could be the chair or the commissioning Minister or a combination of both.Inquiries (or reviews) are set up by Ministers to investigate events which have caused public concern. Although inquiries or reviews are independent of Government, they exist to investigate matters set out by Ministers in the terms of reference. Ministers have the statutory power to set out the terms of reference for statutory inquiries (section 5(1)(b) of the Inquiries Act 2005) and to amend them if in the public interest (section 5(3)). Under section 5(4), however, the Minister, before setting out or amending the terms of reference, must consult the person s/he has appointed or proposes to appoint, as chair of an inquiry under that Act.10. We recommend that all members of a review should have the opportunity to contribute to the development of the terms of reference.As above, the terms of reference of an inquiry or review will be set by Ministers in consultation with the proposed chair. It seems