RHI inquiry evidence won't be used in any criminal cases

By Bob Huggins

The Chairman of the RHI inquiry says evidence given by witnesses cannot be used in any criminal case against them.

Sir Patrick Coghlin was speaking during a brief preliminary hearing of the inquiry on Monday morning when he revealed more about its size and scope.

His assertion about evidence in any criminal cases that might follow a statement from the Director of the Public Proscecution Service Barra McGrory who also promised RHI witness evidence will not be used in deciding whether to take such a criminal case.

Sir Patrick had asked for this, to ensure witnesses could not use legal protections on self-incrimination to frustrate the inquiry's work.

The public inquiry was set up in January to investigate the operation of a botched green energy scheme.

Sir Patrick said: "At the first preliminary hearing I explained that the Inquiry had served around 125 notices requiring the production of documents and witness statements. These are notices issued in accordance with the provisions of section 21 of the Inquiries Act 2005 (‘the 2005 Act’) which enable me, as Chairman, to require the production of evidence to the Inquiry. Individuals and organisations must comply with them. Serious consequences may follow any failure to do so.

125 notices was a very significant number; but I can say that, as of today, the Inquiry has now served in excess of 320 such notices compelling the production of documents or witness statements. Many of these are in very detailed terms, for example, setting out a series of specific questions in respect of which comprehensive answers are required.

Notices have been served on a wide range of persons and organizations. This includes civil servants and Northern Ireland government departments; Ofgem; politicians, including former Ministers; political parties and special advisers; consultants involved in the creation of the Scheme; persons or organisations involved in the renewable heat sector, along with representative bodies; legal advisers; some claimants under the Scheme; and others. We have also sought, or are in the process of seeking, information and assistance from some departments of the United Kingdom Government and from the European Commission".