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Proceeding contribution from Jack Straw (Labour) in the House of Commons on Monday, 23 March 2009. It occurred during Debate on bill on Coroners and Justice Bill.


Coroners and Justice Bill

With great respect, I have not even finished my sentence. Their position is very different from that taken by most of those who signed the amendment to delete the existing clause 11. The hon. and learned Gentleman accepts that there can be non-jury inquests, but he also says that their use should be determined by a Secretary of State under the Inquiries Act 2005 procedure, and not by an independent judge. His substantive argument is that the measures in the Bill would encourage applications, and that there would be more of them, but I do not accept that. I would be perfectly happy to have a small wager on it with the hon. and learned Gentleman. If he follows the approach of the courts, common law principles about open justice and the quite proper attitude taken by the High Court and the Court of Appeal—and ultimately by the Law Lords—he will understand that the idea that they will act as a patsy, or putty in the hands of a Secretary of State who thinks, "Oh, there is a tiny embarrassment here. Let's go for a non-jury inquest", is frankly nonsense.


Secondary information

Type
Proceeding contribution
Reference
490 c78-9 
Session
2008-09
Chamber / Committee
House of Commons chamber
Subjects
Children Disclosure of information Admissibility of evidence Data protection Crime prevention Courts Armed forces Death Coroners Juries Evidence Judges Legal representation Immunity certificates Foreign relations National security Northern Ireland Protection Parliamentary scrutiny Public inquiries Scotland Standards Terrorism Witnesses High Court
Legislation
Coroners and Justice Bill 2008-09
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
Link
View this Proceeding contribution on www.publications.parliament.uk