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Proceeding contribution from Jack Straw (Labour) in the House of Commons on Monday, 26 January 2009. It occurred during Debate on bill on Coroners and Justice Bill.


Coroners and Justice Bill

I will of course give way in a moment, but, if the House will allow me, I want to make a little progress. We have narrowed the criteria, and there will also be a requirement that consideration must be given to every other way of preventing the material from being made public before the measures can be used. It is true that these provisions were not on the statute book at the time of the de Menezes inquest, but it was perfectly plain that every effort was made, successfully, to ensure that that inquest could take place without the need to resort to similar measures or for the inquest to be deferred. That will be the default setting, as it were, and it is set out in the Bill. The Bill anticipates that any decision by the Secretary of State to certify an inquest will be subject to judicial review by the courts. I have no doubt that any such review would be thorough. Indeed, the provisions include a requirement for the Secretary of State to notify interested parties of such a decision, followed by a period of grace to give them the opportunity to apply for judicial review. If judicial review proceedings are brought, the Secretary of State's certificate will have no effect until they are concluded. Last Session's Bill provided that the appointment of a coroner should be made by the Secretary of State, but there were many objections to that, which I fully understand. This Bill provides explicitly for there to be no involvement—and this is entirely correct—by a Secretary of State in the appointment, which is to be made by the Lord Chief Justice and should be of a High Court judge.


Secondary information

Type
Proceeding contribution
Reference
487 c31 
Session
2008-09
Chamber / Committee
House of Commons chamber
Subjects
Children Disclosure of information Data protection Bail Administration of justice Armed forces Death Certification Coroners Juries Electronic surveillance Homosexuality Evidence ICT Incitement Homicide Health professions Internet Discrimination Ethnic groups Freedom of expression Personal records Prisons Mental capacity Pornography Offences against children Sentencing Registration Young people Security Witnesses Victims Technology Suicide Sentencing Council for England and Wales Information sharing
Legislation
Coroners and Justice Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk