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Coroners and Justice Bill

My Lords, the amendment would increase the number of Article 2-style investigations if a coroner believes he or she needs to investigate the broader circumstances of the death for reasons of public safety or public interest. Although Clause 5(2) specifies that deaths engaging Article 2—where the state is implicated in the death—should have a wider investigation, this does not mean that the coroner cannot have such an investigation in other cases if he or she takes the view that circumstances demand it. In addition, it is likely that the Chief Coroner would issue guidance on cases where a broader investigation would be appropriate. This might include those situations specified in the amendment; for example, a death which raises wider and significant issues of public health and safety, such as when he or she is investigating clusters of deaths from a similar cause. The deaths in Stafford hospital would be a good example of that. The key issue here is that the coroner will have the discretion to require a wider investigation if he thinks fit. He will continue to have the discretion to set the scope of any inquest and may decide to investigate the broad circumstances. We do not think that it is in the interests of the vast majority of families for coroners’ investigations to be extended. Many already find inquests intimidating and to have the scope expanded would mean that it would no longer be a relatively straightforward inquisition. There are also, of course, resource implications. The wider the scope and the longer the inquest takes, the more coroners would be needed. It is also argued that more legal representation would be required to ensure that family interests are better represented, thus removing families from the heart of the process. In the light of these reassurances, I do not think that it is necessary to include this amendment in the Bill. I hope that the noble Lord, Lord Alderdice, will consider withdrawing it.