Recommendation MAI-58: Amend section 36 for pre-emptive witness enforcement
From Manchester Arena Inquiry: Volume 3: Radicalisation and Preventability, published 2 March 2023.
Recommendation
I recommend that the Ministry of Justice, possibly in conjunction with the Law Commission, give consideration to amending section 36 of the 2005 Act to make provision for issuing pre-emptive enforcement proceedings for witnesses in relation to whom there are reasonable grounds to believe that they will not co-operate.
In brief (written by this site)
In February 2026, the Cabinet Office reported that the recommendation remained in progress, explaining that the Ministry of Justice would consider it alongside wider reforms to the Inquiries Act 2005 and that any resulting legislative changes remained to be taken forward as part of that broader package (Cabinet Office, Feb 2026). Earlier, the government had recorded the recommendation as partially accepted in November 2025 (Cabinet Office response, Nov 2025).
AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026. The record below is the sources' own words.
Government response
Partially accepted
Delivery
Cabinet Office says in progress (27 February 2026)
Following the recommendations of the Statutory Inquiries Committee on the efficacy of the law and practice relating to statutory inquiries under the Inquiries Act 2005 the Cabinet Office is currently considering wider reforms of the Inquiries Act as well as measures to strengthen the public inquiries system as a whole. These Inquiry recommendations will be considered by MoJ in light of these wider reforms and changes needed in legislation will be taken forward as part of this broader package.
Earlier statement on delivery (1)
Cabinet Office (14 November 2025)
Following the recommendations of the Statutory Inquiries Committee on the efficacy of the law and practice relating to statutory inquiries under the Inquiries Act 2005 the Cabinet Office is currently considering wider reforms of the Inquiries Act as well as measures to strengthen the public inquiries system as a whole. These Inquiry recommendations will be considered by MoJ in light of these wider reforms and changes needed in legislation will be taken forward as part of this broader package.
From: Manchester Arena Inquiry Recommendations Dashboard, original version (data file)
Source
Themes and tags
Who has spoken
- UK Government
Response - Cabinet Office
Delivery statement