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Coroners and Justice Bill

Perhaps I may return to paragraph 6(1) of Schedule 4, a matter to which the noble and learned Baroness, Lady Butler-Sloss, also addressed herself. I simply want to understand exactly what the Minister is saying. Here we have a situation where a senior coroner has been conducting an investigation. That investigation gives rise to a concern that there are circumstances that create a risk of other deaths, or that the risk will continue to exist in the future, and—and here I quote paragraph 6(1)(c)— ""in the coroner’s opinion, action should be taken to prevent the occurrence or continuation of such circumstances, or to eliminate or reduce the risk of death created by such circumstances"." So he has reached that rather devastating conclusion, yet the legislation goes on to say that his obligation is only that he, ""may report the matter to a person who the coroner believes may have power to take such action"." The Minister justified the use of the word "may" by saying that it would be wrong to compel a judge to do anything in these circumstances. I must confess to being rather puzzled by that response. This Bill is littered with obligations imposed on coroners at all levels. So why in this case would it be wrong to say "must" rather than "may"? Judges have discretion in relation to their judicial tasks; but in the context of coming to their conclusions in court, they are often faced with obligations. For example, a judge is obliged, before he sentences somebody, to take into account a probation report. That is not a discretion that he has, but an obligation. Why should judges have obligations laid down in legislation, whereas the coroner, in this case, is not obliged to report the matter to a relevant person?