Proceeding contribution from Lord Bach (Labour) in the House of Lords on Monday, 26 October 2009. It occurred during Debate on bill on Coroners and Justice Bill.
Coroners and Justice Bill
I understand that with this group of amendments, which I am grateful to the noble and learned Baroness for moving, she is aiming to ensure that coroners have the powers of search, entry and seizure that they need to obtain evidence. We wholeheartedly endorse that sentiment, as it is vital that no important evidence is lost. I shall attempt to do my best to assure her that the Bill’s provisions are adequate for their intended purpose. The noble and learned Baroness is concerned that when the Bill comes into effect the police may for some reason stop removing evidence from the scene of death as they may conclude that items, such as suicide notes or drug paraphernalia, cannot be removed without either the owner’s consent or authorisation from the Chief Coroner. She is concerned that this may lead to evidence being lost or destroyed. Her amendments therefore explicitly give coroners powers to authorise a police officer, or any other specified person, to enter and search land and seize anything or inspect and take copies of documents. They remove the requirement for the Chief Coroner or a nominated senior coroner to authorise every use of these powers. Amendment 50 makes the decision to authorise such entry and search appealable to the Chief Coroner. We have a number of concerns, which I shall mention shortly, but I take this opportunity of offering a meeting before Third Reading—which will have to take place this week, and there is no reason why it should not—with the Coroners’ Society of England and Wales, myself and my officials and, I hope, the noble and learned Baroness, to see whether we can come to some kind of accommodation on these matters. At present, I am bound to oppose the amendment, which I do not want to do unless it is absolutely necessary. It is better to come to some kind of agreement, although I make no promises. It seems as if our Third Reading debate may be almost as long as Report at this rate. These are serious issues; they must be if the Coroners’ Society has concerns, and we want to resolve them peaceably rather than walking though the Division Lobbies.
Secondary information
- Type
- Proceeding contribution
- Reference
- 713 c993-4
- Session
- 2008-09
- Chamber / Committee
- House of Lords chamber
- Subjects
- Children Appeals Crime Administration of justice Armed forces Death Crimes of violence Deportation Costs British nationality Coroners Crimes against humanity Juries Evidence Homicide Ethics Foreign nationals Euthanasia Learning disability Judgements International Criminal Court Police Powers Mentally disordered offenders Mental capacity Lord Chancellor's Department Life imprisonment Chief Coroner Sentencing Sales Right of search War crimes Suicide Treasure Metal detectors
- Legislation
- Coroners and Justice Bill 2008-09
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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