I am grateful for the succinct but accurate comments made in support of these amendments. I hope I will not be as prolix as I was on the preceding amendment, because I agree with all the sentiments that have been expressed and that lie behind the amendments. The noble Baroness, Lady Fookes, is right that "interested person" is the accurate definition, and the amendments seek to place on the Chief Coroner and the coroner investigating a death a duty to keep certain interested persons informed of developments in the investigation. The first amendment—the one in the name of the noble Baroness, Lady Finlay—extends as a courtesy to interested persons in cases where a case is transferred to another coroner’s area. The amendment would require the Chief Coroner to inform in writing both the coroners.
I do not agree that the amendment is necessary. The Chief Coroner will make the decision and the interested persons will be kept informed of it. They will need to know where the investigation is being held. We have always said that the views of the bereaved family will be an important factor in the decision. They will be consulted before the Chief Coroner’s decision is taken and informed of it afterwards.
The noble Baroness’s Amendment 45A requires the coroner to inform interested persons of the location of the body of the deceased if it is transferred. Once again, I do not think it is necessary to put it in the Bill. The charter for the bereaved sets out that the coroner will keep the bereaved family informed of developments in the case, particularly relating to post-mortem examinations. This will include both the location of the examination and an explanation of the type of examination that will be carried out.
The amendment of the noble Baroness, Lady Fookes, would require a report to be made to interested parties. It has always been the intention that interested persons receive both a copy of the report and the response to it, as is the case under the current rule as we amended it in July 2008. That commitment will be carried forward to the rules to be made under Clause 36. I hope that I can reassure her on that front.
On the definition of "interested persons", I do not think that the noble Baroness, Lady Finlay, need have any anxiety. It is not needed in the Bill, because coroners are given a discretionary power to designate a person as interested if they have "sufficient interest" under Clause 38(2)(n). Next of kin who are not specified in Clause 38(2)(a)—that list is extensive—could fall under subsection (2)(n) if the coroner felt that they had the required level of interest in the investigation. All categories of people who would have sufficient interest in the matter are covered.
The noble Lord, Lord Alton, asked me what slack is in the current system to transfer cases. This is largely irrelevant in the present system, which is predominantly part time. The reformed system will have predominantly full-time coroners. The issue is quite clear in those terms.
Coroners and Justice Bill
Proceeding contribution from
Lord Davies of Oldham
(Labour)
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.
Type
Proceeding contribution
Reference
711 c585-6 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2024-04-21 12:05:22 +0100
URI
http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_564355
In Indexing
http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_564355
In Solr
https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_564355