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Coroners and Justice Bill

Amendment 90 would require the Secretary of State to issue a code of practice for senior coroners when searching and entering land and/or seizing items on it. I understand and share the wish to ensure that any powers of search, entry and seizure that coroners have under Schedule 4 are used proportionately. However, I can reassure the noble Lord, Lord Alderdice, that the Bill already goes some way to ensuring that these powers will be used appropriately. Clauses 35(3)(h) and 35(3)(i) make provision for regulations equivalent to provisions in Sections 15, 16 and 21 of the Police and Criminal Evidence Act 1984. In its eighth report, which was published on 20 March 2009, the Joint Committee on Human Rights expressed the view that some of these safeguards on the exercise of power of search, entry and seizure should be in the Bill rather than in regulations. I have considered its arguments very carefully. However, I remain confidant that these regulations will provide the safeguards that the noble Lord seeks on the exercising of the power to enter and search premises and seize evidence. I can also offer the reassurance that we intend to consult on regulations and guidance once the Bill receives Royal Assent. In addition, regulations will then be subject to the negative resolution procedure. It is also likely that the Chief Coroner will issue guidance to coroners and their staff on the use of entry, search and seizure powers, which is akin to codes of practice issued in relation to the Police and Criminal Evidence Act. However, as with other guidance from the Chief Coroner, I believe that this should be left to the Chief Coroner’s judicial discretion when he or she takes up post, rather than be in the Bill. By way of reassurance, noble Lords may also be aware that Schedule 4 requires any coroner who needs to use search, entry or seizure powers as part of their investigation to obtain the written authorisation of the Chief Coroner or his nominee before doing so. This will provide an extra check to ensure that the power is used reasonably and only where necessary in the course of an investigation. I hope that this reassures the noble Lord and I ask him to withdraw the amendment.