Coroners and Justice Bill

I added my name to Amendment 25, which the noble Lord, Lord Thomas of Gresford, moved this evening, and if I had had any doubts about it, they would have been assuaged by his magnificent introduction to it. I hope that the Committee will be convinced of the merits of his arguments about this fundamental issue of justice and inequality. I dare say that the Minister will not be able to accept the amendment tonight, but I hope that, between now and Report, he will look again at the financial implications—one of the issues to which the noble Lord, Lord Thomas, just alluded—and the principles that underline the arguments behind the amendment. Public funding, as we have heard, is currently not available to bereaved families except in exceptional circumstances. That is in stark contrast to public bodies with a direct interest in the inquiry, as we have heard, and which are often represented by one or more legal teams that are often funded by the taxpayer. To put it simply, this cannot be a just state of affairs. Let me first deal with the denial of legal aid for bereaved families. This omission can leave such families without independent representation and, as such, goes to the very heart of the integrity of the coroner’s inquest as a whole and the protection of Article 2 rights. These rights were enumerated in the European Court of Human Rights case of Jordan v the United Kingdom—a case to which I referred during our proceedings yesterday. It was held in that case that where Article 2 rights were engaged, the subsequent investigation must be independent, effective, prompt and open to public scrutiny and must enable the next of kin to participate. I cannot see how, in the absence of a proper and accessible legal aid system, those requirements can possibly be fulfilled. While it is true that the funding for representation is permitted in exceptional circumstances, there are substantial obstacles to demonstrating such circumstances, as the term "exceptional" suggests. I do not dismiss the obvious public spending constraints on the Government, especially in the current financial climate, but I would be interested to hear the Minister’s estimate of the costs involved when he comes to reply. I was struck by the figure which the noble Lord, Lord Thomas of Gresford, gave us of a decrease in the legal aid budget; I think he said that it was £127 million. That suggests that there might be the opportunity for some viament in the way in which we use these public funds. Will the Minister at least accept that in the specific context of the coroners’ system, we could be dealing with extreme stress and upset on the part of the family, and that in those circumstances the likelihood of a family wishing to undertake a burdensome application to meet such "exceptional" criteria is manifestly slim? Everything often seems to be stacked against them. The scales of justice do not seem to be balanced. That point was noted in a report in the Times on 21 May this year, which quoted Peter Lodder QC, chairman of the Criminal Bar Association, as saying: ""It is the least society can offer"—" the families— ""at a time when they are invariably experiencing the most severe distress"." He is not alone in calling for reform. John McQuater, president of the Association of Personal Injury Lawyers, to which the noble Lord, Lord Thomas of Gresford, referred, has expressed "extreme disappointment" that so far Ministers are not backing extending legal aid. He said: ""All too often people go to inquests, already distressed and completely unfamiliar with the system, only to find themselves outflanked and overwhelmed by the lawyers of those who may be responsible for the death of their loved ones"." An inquest is often the only opportunity for a bereaved family to find out the circumstances of a loved one’s death, and without legal representation they are left to struggle to understand the proceedings and the language of the court. In cases involving state authorities, the problem is compounded by the presence of barristers representing officials and agencies but little opportunity for the family’s voice to be heard. Currently, a family relies on a coroner’s support for their application for funding, while the authorities are assured of adequate legal representation every time. This encourages perceptions of the imbalance which I have just described and inequality, which have an impact on public confidence in cases with state involvement. For those reasons, I support the amendment which the noble Lord, Lord Thomas of Gresford, has laid before the Committee this evening. This is an instance where the justice system needs to be rebalanced, and I wish his amendment well.