I welcome these important new clauses, and I congratulate the Minister on achieving agreement with the Scottish Executive—I know that that was not particularly easy. My interest stems from the experience of a family in my constituency who lost their son, Lance Corporal Allan Douglas of The Highlanders, in Iraq. Following his death, the family received excellent support from the Ministry of Defence and Army personnel to help them through their difficult time. They were told that there would have to be a coroner's inquiry, that it had to be held in Oxford—almost 450 miles from Aberdeen—and that it might not happen for another two years. The stress that that put on the family was considerable—I saw it at first hand. We managed to get the inquiry accelerated, but it still caused immense stress.
I wish to ask the Minister a couple of questions. In that particular case, the family took the view that they did not want an inquest, because they already knew everything that there was to know about their son's death, and it was being dealt with as a single inquest. In Scotland, it is part of the process that the procurator fiscal take into account the views of the family when consideration is given to a fatal accident inquiry—that is a matter of process, rather than being statutory, but I know from my own experience as a practising solicitor how valuable that is. It does not mean that the family has a right of veto, but their views are taken into account, and that is extremely important, psychologically, in the difficult circumstances. I know that the arrangement is not written into this Bill either, but it would be helpful if the Minister could give some consideration to that.
The proposed new section 1A(7) set out in new clause 35 makes it clear that there can be circumstances when deaths will not be referred to Scotland, and it would be helpful if the Minister would outline what they might be. I am interested in new clause 33, which sets out the circumstances whereby the Lord Advocate may be notified, either by the chief coroner or the Secretary of State, that an inquiry should be held in Scotland. What happens if it is the other way round? Is there a process whereby the Lord Advocate notifies the chief coroner or whoever?
Coroners and Justice Bill
Proceeding contribution from
Frank Doran
(Labour)
in the House of Commons on Monday, 23 March 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
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490 c127 
Session
2008-09
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