Amendment 129 is a probing amendment. It has been tabled following queries raised by Inquest with the Ministry of Justice. As a general feeling, the new simplified appeals procedure is welcome. It affords an opportunity for bereaved people to raise concerns in a more informal manner than they were previously able to do. However, a concern arises from the way the Bill appears to be worded. The concern is that the only further appeal is to the Court of Appeal on a point of law. What exactly does that mean? Does it mean, as it would appear, that the possibility of any challenge by way of judicial review in respect of most, if not all, coronial decisions would no longer exist? Does it mean that where there has been a question of process no appeal would be applicable? Does it mean that if clinical information has not been provided to the inquiry no appeal could be undertaken?
Inquest queried the matter with the Ministry of Justice because it wanted to know whether it would still be an option judicially to review a coroner’s decision or whether someone would have to go directly to the Chief Coroner for that type of decision. Interestingly, it received two conflicting replies. One said that judicial review remains an option; the other said that it had to go to the Chief Coroner. I should be grateful if the Minister could clarify the position for the Committee. Will funding be available to families? Will judicial review remain an option and in what circumstances; and, if not, what will the process actually entail? I look forward to the Minister’s reply. I beg to move.
Coroners and Justice Bill
Proceeding contribution from
Baroness Finlay of Llandaff
(Crossbench)
in the House of Lords on Tuesday, 30 June 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
712 c119 
Session
2008-09
Chamber / Committee
House of Lords chamber
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2024-04-21 12:22:03 +0100
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