UK Parliament / Open data

Coroners and Justice Bill

I would also like to speak to Amendments 136A and 137A. Amendment 134A is straightforward. It applies to page 21 of the Bill, at subsection (2). It would simply insert before "persons", "interested persons". This emanates from my interest in the Bill in trying to ensure that the families of military personnel who have lost their lives in the duty of the country are involved in the process. Whereas this will currently not be disclosed except to persons specified in the direction, I am seeking that the interested persons be named in the direction. Amendment 136A is linked with the provision in that, if accepted by the Minister, it defines what an interested person is. That is covered on page 22 under Clause 38(2)(a), which specifies clearly that an interested person is, ""a spouse, civil partner, partner, parent, child, brother, sister, grandparent, grandchild, child of a brother or sister, stepfather, stepmother, half-brother or half-sister"." In other words, it is a whole range of family members who may be affected by the death of service personnel. That would put in the Bill clearly what an interested person is, so there would be no way that in the subsequent regulations any of that group of people could be excluded from being consulted and involved. Amendment 137A is slightly different. It leaves out Clause 36(3)(a). After the Government’s decision to drop Clause 11, I was in some confusion as to whether the clause would remain in the Bill. My concern, if it remains in the Bill, is to seek to remove it from the Bill. The reason is that as it stands a coroner may rule and give a direction excluding specified persons from an inquest or part of an inquest if the coroner is of the opinion that the interests of national security so require. I am not against the best interests of national security. I am concerned that here we could have members of the family of the bereaved excluded from some parts of the coroner’s case. That situation will do nothing to assist the families. It implies that they should not have the full facts of how their loved ones lost their lives, which I do not think is the intention of the Bill. If this paragraph were deleted, it would mean that in any circumstance the members of the family of the person who lost their life, as a member of military personnel, would be entitled to attend the coroner’s inquest, to have a reason given and to hear what is said rather than be excluded from possibly substantial parts of the hearing. If that were to happen, they would never have a full understanding of what happened when their husband or other member of their family lost their life in the service of their country and, one could also say, they would never arrive at closure. I hope that the Minister is able to accept the three amendments that I have put forward. I beg to move.
Type
Proceeding contribution
Reference
712 c123 
Session
2008-09
Chamber / Committee
House of Lords chamber
Back to top