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Proceeding contribution from Lord Beith (Liberal Democrat) 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 entirely agree with the hon. Gentleman. I do not think that holding such inquests in secret is actually the purpose of the clauses in the Bill that have caused so much anxiety. They are the clauses that my hon. Friend the Member for Cambridge (David Howarth) referred to as a ““red rag””, and I still think that they are profoundly unsatisfactory, but they have a rather more limited purpose than that and I shall return to it shortly. Of course, not all families want inquests in all circumstances. I have talked to many family members who say, ““I hope that there is not going to be an inquest””. In some circumstances, usually when the death has occurred in some form of medical care, families do not want to extend the issue further. Our system does not require inquests to be held in all circumstances—far from it—and it would be bad if that idea got around. Nevertheless, the importance of inquests in cases where the reason for death is in some way uncertain cannot be underestimated. The Bill brings some benefits in that field through the appointment of a chief coroner, an appeals system, inspection and a charter for the bereaved, as well as by resolving some of the issues of jurisdiction that have caused real practical problems to coroners which they have asked to be sorted out for many years. There are situations, for example, in which the coroner has to break the law to get the body of a child to a place where appropriate skills are available to carry out an autopsy. Thankfully, that sort of thing will be sorted out. The Committee had some concerns, and I shall identify a few of them. Although we understood the decision to stick with a locally organised rather than a national service, we felt that the expectations for the reforms might well not be met by the limited amount of central involvement that the Bill produces, particularly in the light of the great diversity of funding that exists. In some areas, coroners' offices are provided and paid for by the police; in other areas local authorities play that role. In some cases, coroners are serving police officers; in others they are retired police officers. It is not necessarily wrong to have a degree of diversity, because what works in a rural area is very different from what works in an urban area, but it is clear that there is little certainty that the right level of resources will be available in all areas. The Government are relying on the chief coroner and the inspection system to achieve that, and I hope that consistency of standards is achieved, but there is an awful lot to be sorted out in respect of providing the resources that coroners will need to meet the expectations generated by the Bill. My second area of concern—I raised it in an intervention during the previous speech—is the position of the medical examiner. The fact that he will be employed by the primary care trust does not provide the direct line of accountability to the coroner and the coronial system that we think is appropriate. That is worrying. PCTs run community hospitals and employ salaried dentists and physicians, alongside dealing with the general practice service and other services that they purchase from other health bodies. They are very much involved. However well the professionals carry out their duties, there will remain a concern in the public mind, which these provisions are intended to address, that the medical advice to the coroner is not independent of those who had care of the patient who died. We have to find a way of resolving that problem. One way of doing so, even within the Government's proposed structure, would be for the medical examiner at least to be employed by the coroner or the judicial system as a whole-time employee or to be employed in respect of the medical examiner work—a separate duty in respect of which they are paid by and accountable to the coronial system, not the health authority.


Secondary information

Type
Proceeding contribution
Reference
487 c85-7 
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