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Proceeding contribution from Lord Lester of Herne Hill (Liberal Democrat) in the House of Lords on Thursday, 5 November 2009. It occurred during Debate on bill on Coroners and Justice Bill.


Coroners and Justice Bill

My Lords, I have a brief question in support of the amendment of the noble Lord, Lord Ramsbotham, to give discretion to the coroner. As I understand it, the position is that in human rights terms we are looking at Article 2 of the convention on the right to life and the need for procedural fairness, and at Article 6, essentially the due process clause. It is clear that the principle of equality of arms, a principle well known under the convention and in common law, applies here. We are amending a schedule to what is described as an "access to justice" statute, and access to justice involves equality of arms. Is it not to be said strongly in favour of the noble Lord’s amendment that it would give the coroner the necessary discretion to allow them, in the circumstances of the case, to decide how the principle of equality of arms would apply when dealing with access to justice to ensure that there was not the kind of gross imbalance that my noble friend has just described? Without that discretion, how will the principle apply to the government scheme as amended today?


Secondary information

Type
Proceeding contribution
Reference
714 c397 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Crime Armed forces Damages Blasphemy Coroners Advocacy Legal profession Finance Fees and charges Forced labour Northern Ireland Scotland Right of search Slavery Treasure Death certificates
Legislation
Coroners and Justice Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk