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Public Bodies Bill [HL]

My Lords, I thank all noble Lords who have spoken for expressing the Committee’s views so clearly. I thank particularly the noble Lord, Lord Bach, for putting the creation of the post of chief coroner in its historical and political context. Above all, I thank the noble Baroness, Lady Finlay, for tabling the amendment and giving the Committee the chance to debate this hugely important issue. Throughout the passage of the Coroners and Justice Act 2009, the noble Baroness demonstrated her absolute commitment to improving the coronial system. Her amendment is another strong demonstration of that and provides a welcome opportunity for the Government to reaffirm their commitment to that same aim. I acknowledge that it seems counterintuitive for a Government to state on the one hand their commitment to improving the coronial system and, on the other, their plans to abolish the post of chief coroner. However, I reassure the Committee that when the detail of the Government’s proposals are examined it will be seen why in the current economic climate we have no choice but to abolish the office and transfer its key functions. It represents the best and most cost-effective option for realising many of the improvements that were envisaged in the creation of the post. The noble Baroness and other noble Lords have given eloquent testimony as to some of the weaknesses of the current system. It is an analysis with which we agree, and we are absolutely committed to addressing those weaknesses. Paradoxical as it may first appear, that is precisely why we must abolish the office of chief coroner, thereby allowing the Government to transfer key functions away from an office which is currently unaffordable and facilitating genuine improvements to the coronial system. It is right that we should justify our doing this and, in bringing forward the amendment, the noble Baroness has acted as the Government’s conscience, but the debate has shown that a consensus exists about the need to improve the coronial system. I am grateful that the noble Baroness’s amendment has established such a consensus on reform within the Committee, and I would seek to be a part of it. The Coroners and Justice Act 2009 envisaged these improvements being led by a chief coroner. The Government are not suggesting that this is necessarily a bad model, although we do not believe that it is the only one. For the chief coroner to have achieved these improvements would have required substantially new investment, as indicated by the noble Baroness herself, of some £10 million at start-up and £6.5 million each year thereafter. The Government are facing severe cutbacks, meaning that the office is not financially viable in the current economic climate. Let me reiterate that this is new funding and a significant amount of money that must be found. In the current environment, there is simply no prospect of that funding being available. The noble Lord, Lord Ramsbotham, asked about this. An experienced resource dealing with coroner’s policy exists within the Ministry of Justice. We accept that it means that some work, such as guidance, may take a little longer to produce without the dedicated resource provided by the office of chief coroner. The actual functions that we propose to take forward will be deliverable within the existing resource of the Ministry of Justice. It should be recognised that setting up a new office always entails costs that are not there when the existing resource is being used. In conversations with noble Lords, I have been asked whether we should leave the chief coroner on the statute book until such time as funding was available. Indeed, that was a question that I asked myself when I first considered the issue. However, I can tell the Committee that this is not a viable option. Many of the improvements that we wish to make are vested in the office of the chief coroner. Therefore, if we want to make real improvements to the coronial system, it is absolutely necessary and right to transfer those functions to another body. The abolition of the office through the Public Bodies Bill does precisely this. Not to do so will prevent a number of improvements to the system. This amendment, leaving the role latent, would mean that the service would continue to operate with many of the same flaws that noble Lords have highlighted. We have a good set of proposals to improve the coronial system and address those issues that noble Lords have raised. We will consult on a new charter for the bereaved in the new year. It will set out standards of service that coroners are expected to deliver to bereaved families and others, including the right to be kept informed and participate in the inquest process. The charter will also set out how people may complain if these services are not delivered. I refer to comments made by the noble and learned Baroness, Lady Butler-Sloss. It is worth noting that the only statutory guidance provided for in the Coroners and Justice Act 2009 was to be issued by the Lord Chancellor. That is the provision under which a charter will be produced, so it is not clear that this House felt that it was inappropriate for the Lord Chancellor to issue guidance. I turn to the whole issue of judicial independence, which was raised by the noble Lord, Lord Pannick, and many other noble Lords, including the noble Lord, Lord Bach. There is a suggestion that judicial independence is compromised by the involvement of the Ministry of Justice, but the chief coroner was envisaged to have a number of functions that included some of a judicial, leadership and administrative nature. Discussions are ongoing with the senior judiciary as to which functions of the chief coroner should be transferred to whom. The Government fully recognise that judicial independence and functions, including rule-making and deployment, are a matter for the judiciary and not necessarily for the Ministry of Justice. In the same way, discussions are also ongoing with the senior judiciary on whether cost-neutral judicial functions may be transferred from the chief coroner to another body. However, the key reason for not proceeding with the national leadership office remains that no additional resource is available to fund the office of chief coroner. As my noble friend Lord Eccles pointed out, the chief coroner would have had few powers of direction and those he would have had we intend to take forward. I confirm that discussions with the senior judiciary about where these powers should reside are ongoing. The important leadership functions include: more efficient arrangements for the transfer of cases from one coroner to another; transferring inquests in the case of service personnel deaths overseas to Scotland—at present, as noble Lords will know, all such inquests must be heard in England and Wales—and any deaths overseas to Northern Ireland; the making of regulations about the training of coroners and their staff; and, the strengthening of statutory monitoring of coroners’ caseloads and backlogs, including the deaths of military personnel. The main function of the chief coroner that will not be taken forward is that of a new appeals system. I know that a number of noble Lords have concerns about a lack of accountability and transparency in the absence of an appeals system operated by a chief coroner. In the current economic climate the costs are, I am afraid, not justifiable but it is important to note that people may still challenge the outcome of an inquest by judicial review and that an application to the High Court for a second inquest to be held can still be made by or with the authority of the Attorney-General. Complaints about the conduct of the coroner will continue to be made to the Office for Judicial Complaints. My noble friend Lord Lester is greatly interested in the human rights implications of measures under the Bill and I respect him greatly. The coronial system has developed and will continue to be in compliance with human rights requirements, especially Article 2 on the involvement of the state in death. The absence of the chief coroner will not undermine this. Perhaps I may return to a particular point made by the noble Baroness, Lady Findlay, when she questioned where the leadership might lie to look at public safety issues. Tackling public safety is delivered directly through reports from coroners to authorities, which can then take action to address problems. These rule 43 reports, as they are called, are sent to the Lord Chancellor, collated and published to promote public safety and they require a public response. The Act brings rule 43 from subordinate to primary legislation, promoting the importance of action to prevent other deaths. I turn to my noble friend Lady Miller of Chilthorne Domer. I thank her for referring to Section 16 of the new Act. That is in fact a provision requiring the chief coroner to report investigations not completed within 12 months, not an enforcement power. The important changes that the Government want to take forward currently sit with the chief coroner and his office. In order for the functions that I have outlined to be taken forward in the most practical way, we must abolish the office of the chief coroner. With no prospect of funding to enable the position to function, this amendment will prevent the improvements to the coroner system by keeping the body on the statute books. Today’s debate has clearly demonstrated that we agree improvements are necessary. We consider that, given current financial restraints, taking this approach offers the best value for money for the public if we are to deliver significant improvements to bereaved families and other interested people. I have met—