Coroners and Justice Bill

The hon. and learned Gentleman has made an interesting choice. I commend him for doing so, but it is a much less acceptable choice than the one that I have made and commend to the House. Let us be clear about this. He is saying that there could be circumstances where it would not be possible to hold an inquest with a jury, and therefore it should be for the Secretary of State to decide to hold an inquiry under the Inquiries Act, with as much accommodation for the family as possible. I am powerfully committed to the use of juries in such cases, as in others, but it does not follow that an inquiry without a jury will never satisfy the family. The decision will be made by the Secretary of State and it cannot be tested except under judicial review. In this system, however, scrutiny by the court will be much more intense than it would be under judicial review, because it will be for the judge to make the decision not to review others' decisions.