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Proceeding contribution from David Kidney (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

Yes, I do recognise that point. One of my wishes for the new relationship that will evolve between coroners and medical examiners is that they should be seen as a team that is independent of any other body, and free from any vested interests, when carrying out their investigation. Perhaps that will mean using medical examiners from outside the area in which the coroner is based, or perhaps, as I have suggested, the coroner will have a greater involvement in the appointment of the medical examiner. Those decisions will be significant, as will the question of who pays for the medical examiner. I have already mentioned resources, and I shall come back to that subject in a moment. My third point relates to the new charter for bereaved people. There has been very good consultation on the charter, and it was great to learn today of the appointment of Sara Payne as a victims' champion. Obviously, there are many people to congratulate on that appointment—not least Sara Payne herself, on her persistence on the issues that she has pursued in recent years. I would like to point out that there are other interested parties at coroners' inquests who are not legally represented as a matter of course, and it is important that they, too, should be looked after sensitively and properly by the coroner. The present guidance does not extend to such people, and I am not sure whether it should, or whether there should be a second guide for other people who are interested in the outcome of a coroner's investigation. The matter certainly needs further attention. My fourth point concerns the effects of the new responsibilities of coroners' courts towards bereaved people, the possible requests for reviews, and the appeals that we are implementing for the first time in the Bill. These all have the potential to add significantly to a coroner's work load, and, as the Bill passes through Parliament, I want to investigate whether that means that coroners will have a greater ability to delegate their present duties to other members of their staff, whether there will be new funding for additional staff and for the upgrading of their information technology systems to enable them to deal with the additional work load efficiently, and whether there will be sufficient resources overall for them to carry out this extra work. If not, the danger is that we will be imposing a new source of delay in the coroners' system, and delay has been a worry in the past. My fifth point is on funding. A national system would have placed the responsibility for adequate funding on central Government. It is not even clear whether all local authorities currently fund their coroner's service adequately, and if there are to be new duties and functions for coroners involving extra expense, will those local authorities continue to step up to the plate and pay their fair share? The Government have the idea that, if a local coroner does not get the necessary funding from a local authority, the chief coroner will step in and support the coroner. I wonder how much weight a local authority would give to representations from such a person from outside its area. I also wonder whether many people appreciate how much support the police give to coroners' services around the country. The briefing note for today's debate says that 90 per cent. of the funding for a coroner's local office comes from police resources, rather than from local authority resources. There is odd wording in the Bill that makes me wonder whether the police have an eye to saying that they would pull out of funding coroners' services because it was the local authority's responsibility to do so. I would not like to see that happen, not least because of the value that police officers and retired police officers add to the work of the coroner's office when they become coroners' officers. I should like briefly to mention some other points. It is good that there will be a greater ability for coroners to share their work load across coroners' boundaries, and that there is going to be a more formal arrangement for the training of all coroners. I am also pleased that there are to be inspections of coroners' services. I am not thrilled one way or the other about retaining the treasure trove duty on coroners, but I note that the ability to share that work load across boundaries might be significant in a few cases. Like many Members who have spoken today, I am concerned about the provisions relating to secrecy and to sharing data. There is a great deal of work still to be done on the former, for sure. Because the Government have dropped the proposal to give coroners the power to prohibit the publication of certain details, the issue that my hon. Friend the Member for Bridgend (Mrs. Moon) raised remains and too much detail about suicides and other traumatic events in a family's life could be published to the world. I am not sure whether the Government have given up not only on the idea of giving coroners the power to control such publication, but on asking the media to exercise a bit more restraint through a change in the Press Complaints Commission's code of practice for reporting. That issue still needs to be debated by all of us. As a footnote, I should like to note that some reforms have been implemented ahead of the Bill. A good example is the rule 43 reports. When a coroner feels that a case involves something of significance to the wider world, rather than just the death being investigated, they can now send a report to an organisation and ask for a response. At the moment, there is no power to enforce such a response, but the Bill will give us an opportunity to ensure that that provision is more rigorously enforced, because it is a very welcome reform. As these are major reforms, I hope that there will be some arrangement for post-implementation scrutiny, so that we can see whether what we thought would happen actually has happened, and so that we can make changes speedily if some things are not as we expected. So far, so good, however, in terms of most of the proposed reforms of the coroners' court system.


Secondary information

Type
Proceeding contribution
Reference
487 c83-5 
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