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Proceeding contribution from Lord Bach (Labour) in the House of Lords on Wednesday, 10 June 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Coroners and Justice Bill.


Coroners and Justice Bill

I am sorry that the noble Lord has said that. This has nothing whatsoever to do with diminishing the role of the jury in the English legal system. I do not pretend that the arguments were the strongest in the world, but the noble Lord has compelled me to say what they were. There have been problems in a number of coroner districts with summoning jurors. The process is not centralised, as it is in the Crown Court, and we do not wish to create a new administrative burden by making it so. There have been occasions when inquests have had to be adjourned, causing unnecessary delay to bereaved families. Another argument that could be prayed in favour—again, I do not argue it strongly—is that the purpose of an inquest is to establish the factual matters set out in Clause 5. Jurors, like coroners, do not have to make judgments between the merits of arguments of opposing parties. They do not award costs or make recommendations in respect of costs. Neither they nor the coroner can make an enforcement judgment or order. They do not determine anyone’s civil rights or obligations for the purposes of Article 6. At the most basic level, coroners and juries simply do not sit in judgment. Those two arguments have led us to putting those numbers into the Bill. However, as I said when I got to my feet the first time—and I hope that this is acceptable—I am persuaded by what I have heard so far that there is a strong argument the other way. In order not to delay the Committee any further, I ask the noble Lord, when he is ready, if he will, to withdraw the amendment and we will come back to the matter.


Secondary information

Type
Proceeding contribution
Reference
711 c701-2 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Children Disclosure of information Codes of practice Devolved matters Administration of justice Armed forces Death Accidents Certification Coroners Custodial treatment Families Inquiries Juries Electronic surveillance Evidence Intelligence services Legal aid scheme Ethnic groups Mental illness National security Police Powers Public interest Prisons Newspaper press Minority groups Relatives Post-mortems Lord Advocate Psychiatric hospitals Scotland Registration Young people Road traffic Suicide Secure psychiatric units
Legislation
Coroners and Justice Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk