Hungary's constitution permits parliament to create temporary committees of inquiry to investigate matters of particular importance and/or public interest.
A committee is created if at least one-fifth of MPs support the relevant motion. If the committee is tasked with investigating the actions of a member of the government, a ministry or any other government agency, then a member of the opposition automatically takes the role of chairman. Committees of inquiry comprise equal members of MPs from the governing and opposition parties.
Once its inquiry is completed, a committee delivers a report to parliament. After a debate on its contents, MPs vote on a resolution accepting or rejecting the report’s findings.
The report is expected to present: the task of the committee; the rules of procedure and methods of inquiry used by the committee; a statement of facts determined by the committee and the legal findings it has made; the evidence on which those findings are based; comments of the organisation or person under investigation on the methods and findings of the inquiry; a motion on subsequent measures that should be be taken.
Committees of inquiry can summon anyone to give testimony, hear witnesses and seek access to documents relating to government business and that of all state bodies. -DANIEL McLAUGHLIN
ARTICLE 1, section 8, clause 3 of the US constitution, known as the "commerce clause", which gives Congress the power to regulate interstate commerce, is interpreted as empowering Congress to conduct investigations. "The courts have been very generous in allowing Congress to investigate pretty much whatever they want to," says Susan Lagon, a professor of constitutional law at Georgetown University.
Two Congressional committees are specifically tasked with investigation: the Senate Homeland Security and Governmental Affairs Committee and the House Oversight and Government Reform Committee. Each has a designated investigative sub-committee. In theory, they are expected to oversee the executive branch, but in practice they investigate anything deemed to be of public importance.
All Congressional committees have the power to subpoena witnesses. Congressional power to force people to appear is used sparingly. Witnesses in Congressional hearings have the right to remain silent under the Fifth Amendment. “They can make you appear, but they can’t make you talk,” Ms Lagon says.
Congressional committees have the substantial investigative means of the General Accountability Office and the Inspector General at their disposal.
Findings of fact are often the precursor to additional hearings and legislation.
- LARA MARLOWE
INQUIRIESIN both houses of Australia's federal parliament have the power to require the attendance of persons and production of documents, and to take evidence under oath.
This power helps each house to carry out one of its principal functions – inquiring into matters of concern in advance of debating those matters in parliament and legislating in respect of them.
Odgers’ Australian Senate Practice – the upper house’s manual of its law and practice – states that: “The power has long been regarded as essential for a legislature.”
Inquiries are usually not carried out by the houses themselves, but are delegated to committees. Each inquiry has terms of reference outlining the matters to be considered.
The presentation or submission of a document to a committee is privileged. This means a person is immune from legal action in respect of lodging the submission or any statements contained in it. If a submission is authorised for publication, its distribution is also immune from legal action.
The inquiry process varies from inquiry to inquiry due to differing circumstances, but generally consists of: terms of reference received by the committee; reference advertised through various media, and submissions sought from individuals and organisations. - PADRAIG COLLINS
THE POWERSenjoyed by House of Commons MPs to investigate issues of public concern were highlighted when the culture, media and sport select committee summoned News Corporation's chief executive Rupert Murdoch and his son, James, to answer questions about phone-hacking this year.Under Westminster rules, the committee had the power to "send for persons, papers and records" and it then invited both men, along with Rebekah Brooks, the chief executive of its UK newspaper publishing arm, News International, to appear. The invitations in these cases were accepted.
However, if they had not been, the committee would have had the power to issue a summons, which, if disobeyed, would have meant that the Murdochs and Brooks could have been found guilty of being in contempt of parliament — though the penalties that could have been imposed have been unused for over a century.
The bible of protocol for Westminster, the Erskine May Guide records: “The House has various powers, albeit rarely used nowadays, to punish people for contempt. This includes committal and fines. The House can also reprimand or admonish. The offender would be brought to the Bar of the House by the Serjeant at Arms and reprimanded by the Speaker,” it records, though it is clear Westminster can demand the presence of anyone living in the UK to appear before a committee. - MARK HENNESSY