Any reduction in the fully public nature of the process should be as limited as is necessary in the particular circumstances. Alternatives should always be considered before a decision is made to conduct a hearing in confidence in a closed session. 11.3. PREPARING THE PUBLIC HEARINGS Because the public hearings are so important to the national inquiry process, they need to be carefully strategised and thoroughly prepared. There are a number of critical questions to be addressed in preparing the hearings. • What evidence is required for the inquiry? • Who is best informed to give that evidence? • Who does the inquiry want to have on the public record? • Who else needs or is entitled to be heard? • Where should the public hearings take place? • What record of the evidence should be kept? • How can the media be engaged? These issues should be raised, and at least partially addressed, in the background or scoping paper and the inquiry plan. They require detailed attention in a strategy paper, directed specifically to the hearings, that should be developed well before the hearings begin. They form the basis on which the hearings are organised and conducted. The hearings do not usually have their own rules of procedure. Usually they operate informally, with a minimum of legal technicality, to permit witnesses to appear and give evidence in a relatively relaxed way. Nonetheless, a certain amount of formality is required by virtue of the status of the hearings as an official means of gathering evidence. The inquiry should make clear to those contemplating attending a hearing precisely what is involved, what will happen and what is expected of potential witnesses. 11.4. WHO SHOULD APPEAR BEFORE A PUBLIC HEARING? No national inquiry is able to hear from everyone who has something to offer. This is simply beyond its resources. If the human rights issue or situation being investigated is systemic and widespread, then there will be large numbers of victims and many who consider they have relevant expertise or experience. That is almost always the case because that is the basis on which the original decision is taken to undertake a national inquiry. The inquiry team needs to plan the public hearings carefully to ensure that: • the persons with critical knowledge give evidence • opportunities are provided for the widest range of views to be presented • the views presented include those of marginalised people affected by the issues, particularly women and members of minority groups • the number of witnesses is manageable, within the time and resources available to the inquiry. Chapter 11: Conduct public hearings | 49