The amendments in this group concern the time limits of inquests. At the moment, an inquest can be opened but because there is no requirement to keep the family informed and no time limit is set, some families have had an inquest opened but proceedings have not occurred, sometimes for years. The problem for a bereaved family is that they often look to the inquest for closure and for some unanswered questions to be answered. Sometimes they have unrealistic expectations of what an inquest will provide for them.
At the time, however, an inquest is also traumatic for a bereaved family because it reactivates their grief. They relive the events, and with doing that they relive the emotions, raising a whole lot of "if only" questions. Sometimes those had been dormant; sometimes new questions emerge. No one, then, should underestimate the role which an inquest can have in people’s bereavement: to take them back in time and almost to relive the shock of the original event, of hearing the news and all that went with it. The problem is that it can increase distress if new light is shone on what happened or a new slant emerges from something with which they had begun to come to terms.
I have tabled Amendment 6 because if an inquest case is referred to another coroner, it is important that both the first and second coroners are subject to the same requirement. The amendment does not set targets but requires some sort of monitoring process for delays. It is particularly important not to set targets, as it may be that a slow and thoughtful inquest is exactly what is needed thoroughly to investigate a death. The problem is much greater where a coroner has a high workload and one case falls to the bottom of the pile or the back of the queue, lingering on either because it is not a major case or something else very major comes along and bounces it down that queue of cases to be heard.
My view is that the Chief Coroner needs to know if one coroner has an undue workload or is failing to keep up with the workload for whatever reason. It is human nature for people, when they are somewhat snowed under, to take some time to call for help. Monitoring delays could give a good early warning sign that problems may be emerging in one jurisdiction. It may be that a coroner is severely under-resourced, and that would emerge as well. This might be a way to audit the processes.
The other area in which timeliness becomes particularly important is where deaths occur abroad. It is difficult for coroners to get information from other countries about a death. Despite repeated inquiries, sometimes they simply receive a note saying "heart stopped" or words to that effect, which sheds no light on what happened when in this country such a death would be extensively investigated. In the case of an accident or where the remains are dispersed or difficult to find, or they are returned to this country very late, it is extremely difficult to ascertain what really happened. The inquest can be unsatisfactory because currently coroners have no power in this area, and I do not see anything in the Bill that would give them a power to request information. I want to ask the Minister whether there have been moves in the European Union to empower coroners to request information from other countries within the EU and whether there are routes for coroners to get information from countries outside the EU. After talking to coroners, it is the case that information is more readily available from countries outside the EU, so it is not that the EU standard is higher than that of the rest of the world. In fact, sometimes it is quite the reverse.
An inquest can be opened and proceedings delayed because a prosecution is pending, and if the prosecution does not then proceed, so be it. Everyone understands that, and again that is why I would not want to see a 12-month time limit to be viewed in any way as a judgment on an individual coroner.
Quite apart from the difficulties for the bereaved, there may be delays in remedial action being taken if it is evident that it is needed following a death. It may be that another death occurs during the delay, which is a tragedy if it happens because somewhere there was a degree of negligence.
I think that everyone in this House welcomes the provision for one coroner to be able to transfer their workload to another coroner for a multitude of reasons. I hope that it will be possible within that framework to ensure that as a coroner develops expertise in a certain area or in a type of death, the Chief Coroner would be able to steer that coroner towards investigating deaths in their area of expertise. As we know, there are groups of deaths. At Second Reading I talked about the deaths in Bridgend. The coroners in South Wales are aware of the problem of suicide in young people, particularly those related to use of the internet. A pool of expertise has been built up which makes those coroners appropriate to conduct inquests into such tragic deaths.
The background to the amendments is to set a standard of timeliness and I hope that the Government will see the sense in trying to do that. I beg to move.
Coroners and Justice Bill
Proceeding contribution from
Baroness Finlay of Llandaff
(Crossbench)
in the House of Lords on Tuesday, 9 June 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Coroners and Justice Bill.
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711 c567-8 
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2008-09
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