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Coroners and Justice Bill

I welcome the opportunity to contribute to this debate. We have had some well informed comments on a wide ranging piece of legislation. I intend to concentrate on the areas of the Bill that refer to coroners' courts. I share the welcome that the Bill has received from those who have had direct experience of the coroner system, whether as a member of a bereaved family, a legal practitioner, a court reporter or one of the thousands of people who work in the system and who do their best. The latter have shared the frustrations and distress caused by a system that is almost universally regarded as—in that hackneyed phrase—not fit for purpose. The 200 patients murdered by Dr. Harold Shipman, the conviction of Beverley Allitt for the murder of four children in her care, the Bowbelle/Marchioness disaster, the rulings by the European Court of Human Rights on so-called shoot-to-kill deaths in Northern Ireland, and the Hillsborough disaster, which was mentioned by my right hon. Friend the Member for Knowsley, North and Sefton, East (Mr. Howarth), all contribute to the view that the procedures in place to investigate shocking or controversial deaths have proved woefully inadequate. The coroners' court system dates back hundreds of years. It is time for change. In 2001, Tom Luce was asked to head a fundamental review of coroner services, and his 2003 report serves us well. He found the systems in England, Wales and Northern Ireland for the certification of most deaths by doctors and the investigation of others by coroners had been"““seriously neglected over many decades””." The systems, he said"““must undergo radical change if they are to become fit for the purposes of a modern society and capable of meeting future challenges.””" He highlighted two essential changes above all others:"““One is to restore public confidence in the protection afforded by the death certification process. The other is to improve the response of the coroner service to families.””" I believe that the Bill will mark a step change towards achieving those improvements. While I regret that it has not proved possible to create a national coroner service, the proposal to appoint a chief coroner to provide leadership and set standards is a critical development in the direction of constructing a thoroughly modern and professional service. However, the Bill is not, nor can it be, the end of the story. Measures already introduced outside the structure of the Bill signal the Government's commitment to the process of change. The amendment, in July last year, of coroners' rule 43 underlines the requirement for the coroner to take steps to prevent future deaths. At the same time, the introduction of rule 57A gives guidance on the supply of information on deaths, reflecting the concern to provide additional protection for the rights of the child. Advance publication of the excellent draft charter for bereaved families speaks volumes for the focus of the process. Thorough consultation with service users, victims' groups and non-governmental organisations such as Inquest has been a vital part of this process so far. I would like the Minister to confirm that she will investigate structures to formalise this involvement, especially in the further development of rules and training programmes. I would also like to learn more about measures that can be taken to address gender and race equality issues in the service so that the public face of the coroners' system may reflect the diversity of the community it serves. Change must continue. While I welcome the message of this Bill, I also want to sound some notes of caution. The all-party parliamentary group on army deaths, which I am proud to chair, seeks to give voice to the concerns of bereaved service families who feel that bullying and institutional abuse continue to go unchallenged and suspicious deaths are still not investigated effectively. Families believe that the problems at Deepcut barracks were the tip of the iceberg. In the matter of effective investigation, those concerned with the ill treatment of recruits in training establishments have found common cause with victims of suspicious deaths overseas. Too often, it seems, lessons could have been learned and deaths could have been prevented. Bereaved families are angry that action has not been taken despite warnings, whether the problem was heat exertion, ““friendly fire””, lack of equipment or adequate protection of personnel. This community of victims is a critical audience to win over to create public confidence in a reformed coroners' system. The Royal British Legion and the War Widows Association have listened to bereaved families and share many reservations about the proposals before us. Let me express some of those reservations and concerns. First is the issue of secret inquests. I spoke against those proposals when they were put forward in the context of the Counter-Terrorism Bill and recognise that the Government have responded positively to criticism. Ministers have brought forward considerably modified proposals. Nevertheless, the Bill before us still gives the Secretary of State power to certify investigations to be held without the public, without the jury and without the involvement of the family of the deceased. I regret that it may not be possible to dislodge the perception that crucial evidence will be heard behind closed doors. While the grounds for certification are more carefully defined, the Bill still seems to suggest that the objection of another country and diplomatic relations will be placed above the need of a grieving family to find the truth. The Northern Ireland Human Rights Commission has drawn attention to the weight placed by the European Court of Human Rights upon the role of the bereaved family in defining standards for the protection of life. One expert has said:"““The Court views the protection of the legitimate interests of the next-of-kin as a driving aspect to the workings of all accountability mechanisms.””" The changes brought forward so far owe much to the positive input from professionals working in the service, including the Coroners' Society. The Secretary of State asked for suggestions about how we can bring forward measures to deal with the difficulty that everybody acknowledges in terms of safeguarding the security of the country while meeting the need for clarity in the process. It has been argued by inquests and others that further refinements of the regulation of investigatory powers legislation might provide the necessary safeguards for witness safety and national security. We should certainly continue to search for positive solutions to difficult problems. Secondly, let me turn to the circumstances in which an inquest must be held with a jury. Legal representations of bereaved service families argue convincingly that the investigation of a sudden death in a military establishment must be subject to the same protection as a death in prison or in a police station. Issues of isolation, vulnerability, potential abuse of authority, access to weaponry, military codes of silence and confinement in barracks all speak of the dangers of military life and the requirement for additional protection. Again, the issue of public confidence in serving the interests of bereaved families must be paramount. Thirdly, on the matter of legal representations for bereaved families, no one would question the model of the inquisitorial regime in coroners' courts, but an investigation that throws up an article 2 issue—one that concerns the protection of life—in the case of a death in an army training establishment or on military service overseas is all too often met with a response from the Ministry of Defence that is judged by families as giving that Department all the protection. Well-paid barristers represent the MOD in court, while the families cannot gain similar representation to support them in trying to obtain justice and truth. The father of Corporal Jason Pears, who died in barracks in Germany in 2002, spent a large part of his life savings on legal representation at an inquest that reached a verdict of unlawful killing. The family of my constituent, Lance Corporal Derek McGregor, who took his life in disputed circumstances at Catterick barracks, suffered a delay of five years before the inquest was finally concluded. The father came to me to ask for help with legal representation. Those families deserve legal representation when the MOD has barristers in court to represent it. I urge the Minister to consider what steps may be taken in future to assure bereaved service families that their voices and interests will be effectively represented and heard. Fourthly, I want to comment on the transfer of jurisdiction. Bereaved relatives have welcomed the removal of barriers that have prevented inquests from being held somewhere accessible to their extended family and friends. I know that there are discussions with the Scottish Government about extending the role of fatal accident inquiries to investigate a military death overseas, but families are also concerned that the body of expertise built up by the Oxfordshire and Wiltshire coroners in particular should not be dissipated. The coroners in those two jurisdictions have established centres of excellence that are unmatched in Europe. Their courage has won the admiration of all who have served in their courts and inspired coronial staff to 100 per cent. commitment to the needs of the bereaved. I hope that the Minister will assure me that that expertise will be shared in the new coroner system so that families can be reassured that their needs are being addressed. I applaud the Government for their commitment to change and praise the work of all who have contributed to the Bill. I urge Ministers to listen to the voices of veterans' groups and victims. Deaths of military personnel will always be devastating to the families but they should at least be reassured that each death will be investigated openly and effectively and that where lessons may be learned, they will be acted on.