Coroners and Justice Bill

The rule-making power contained in Clause 36(2)(e) is intended to deal with a specific concern that has been brought to our attention by representatives of UK Special Forces personnel and their families, including bereaved family members of UK Special Forces personnel who have died on active service. This power will enable rules to be made allowing a coroner to give a direction that the names or other details will not be disclosed as part of the investigation or inquest, except to people specified in his or her direction. The intention is to make rules enabling the names of UK Special Forces personnel who have died to be withheld. This will allow them and their families to retain their anonymity and it repays the duty of confidentiality imposed on UK Special Forces personnel during their period of service. This measure has been introduced as a result of approaches from representatives of UK Special Forces personnel and their families, including bereaved family members. This power might also be used to enable a name to be withheld in circumstances when a bereaved family or a witness’s safety would be jeopardised if their identity were made public. I understand that taken together, Amendments 134A and 136A would mean that a coroner could disclose the deceased’s name not only to persons specified in the direction but to a bereaved family. I believe that that is unnecessary as the bereaved family would know the identity of the deceased member of the UK Special Forces. In other cases, it may not be appropriate for the bereaved family to know the identity of a person subject to a coroner’s direction, for example, if the person was a witness who was in fear of their own or their family’s safety. If it was appropriate for the bereaved family to know the identity of such a witness, the coroner could specify them as persons to whom the identity should be disclosed. Amendment 137A would remove Clause 36(3)(a), which largely replicates the existing provisions in rule 17 of the coroners rules. It enables a coroner to hold all or part of an inquest in camera if the coroner is of the opinion that it is necessary to do so in the interests of national security. That may be necessary, for example, for an inquest that needs to cover sensitive military operations. I understand that there may be some concerns that in cases where the deceased person is a member of the Armed Forces, this could lead to members of the deceased person’s family and their personal representatives being excluded from attending part of the inquest. It is a concern that I fully understand, but I know that on those rare occasions when the provision has been used by coroners in respect of military operations, most families understand why they have been excluded. I believe that this is another area where the Chief Coroner may consider issuing guidance to coroners. Such guidance could outline in what circumstances the coroner may consider whether to hold part of an inquest in camera in the interests of national security. When it is necessary to exclude bereaved family members and their personal representatives, as well as the wider public, guidance might also deal with the need to explain the reasons for the decision. Again, I hope that that will put the mind of the noble Baroness at rest that the power in Clause 36(3)(a) will be used proportionately. The amendment tabled by the noble Lord, Lord Pannick, would prevent the coroner excluding specific people from an inquest where a young person was giving evidence and the coroner believed that the exclusion would improve the quality of the evidence. I accept, of course, that in most circumstances an inquest should be open to the public, but I can envisage situations when a young person might be traumatised by having to give evidence publicly at an inquest. This measure is about ensuring both the quality of evidence and protecting vulnerable young witnesses. It is intended that rules will be made under Clause 36(3)(b) requiring the senior coroner who is considering whether to issue such a direction to consider the views expressed by the witness, a parent of the witness and all the circumstances of the case. Provision will also be made in the rules made under the clause, so that a direction under this provision may not exclude the jury, if there is one, an interested person or a representative of an interested person. In addition, provision will be made so that any direction providing for a representative of the press to be excluded from an inquest must be expressed so as not to apply to one named person who is a representative of the press who has been nominated for the purpose by one or more news gathering or reporting organisations. Accordingly, the reports of the proceedings will be able to be published in the usual way, and interested parties will not be excluded. Provision is made in criminal legislation enabling the court to exclude persons from a hearing in which a person under 18 is giving evidence. We will write to the noble Lord to let him know the relevant legislation and how it fits. Our intentions coincide with the spirit of the remarks made by my noble friend Lady Dean. I request that she withdraws her amendment. If on reflecting upon my words she is not satisfied, I would be happy to meet her to go through how the various parts of the Bill will fit together. If the noble Lord, Lord Pannick, is unconvinced by my answers, I would also be happy to meet him.