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Proceeding contribution from David Heath (Liberal Democrat) in the House of Commons on Thursday, 12 November 2009. It occurred during Debate on bill on Coroners and Justice Bill.


Coroners and Justice Bill

I certainly will, Mr. Speaker. I often accept interventions in order to allow colleagues to get their points on record. Let me be very brief in response to the hon. Gentleman's intervention. Hypothetically, what he suggests is possible. [Interruption] The Lord Chancellor says from a sedentary position that it is what would happen, but it is a very unsatisfactory position. If the Lord Chief Justice objects in principle to the transfer, to do so by means of effectively vetoing the judge proposed as the supervising judge does not seem a satisfactory mechanism. That is why the hon. and learned Gentleman's proposal is a good one, because it would provide not entirely for an application to the Lord Chief Justice, but at least for an explanation to be made to him. In effect, the Lord Chief Justice would be given residuary power to intervene, if he believed that the Executive were abusing their position. The key issue is whether it is right for the Executive to determine that matters in respect of a death of a person as the result of the agents of the Executive should be heard not in a coroner's court but in an inquiry system held in secret. We must not forget that basic principle while considering the complexities of process. The hon. and learned Gentleman's proposal would at least provide an additional safeguard. That is why I will support it today, and I hope that the Lord Chancellor will accept amendment (a) to finish the job. The proposals have been developed quite rapidly. I note that Lord Bach said that Lord Chancellor was on the phone or communicating in some way with the Lord Chief Justice yesterday morning before the debate in another place. I hope that Lord Chancellor will accept amendment (a), that it will be passed by the House and that it will be accepted by his colleagues in the other place, and therefore no further time need be lost.


Secondary information

Type
Proceeding contribution
Reference
499 c375-6 
Session
2008-09
Chamber / Committee
House of Commons chamber
Subjects
Admissibility of evidence Coroners Juries Evidence
Legislation
Coroners and Justice Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk