Coroners and Justice Bill

Amendments 1 and 7 concern an important issue in the investigation of deaths; that is, the time taken by a coroner to complete an investigation. I fully acknowledge that the delay involved in some investigations is unacceptable and we have already included provisions in this Bill to assist with those situations. It is inappropriate to make a Second Reading-type speech at this late stage, but the whole essence of this Bill is to make the coroners’ system more effective and more efficient so that these times can be reduced. Our objectives and the objectives of everyone who has spoken are congruent. The introduction of a Chief Coroner will provide operational leadership for the first time and the introduction of the new medical examiner service will mean that fewer deaths are reported to coroners in the first place. Nevertheless, as noble Lords have pointed out, we already know that certain types of investigations are far more likely to lead to delays. In general, these will be where coroners depend on other organisations to provide investigation reports—not just the Prisons and Probation Ombudsman, but organisations such as the Health and Safety Executive or a transport accident investigation branch—or when there is a requirement to investigate a death abroad, particularly a death in a country which does not understand the role of British coroners. However, as my noble friend mentioned in Committee, the vast majority of inquests, some 64 per cent of the total, are completed within six months and 91 per cent are completed within 12 months. I support the policy objectives that the amendments are aiming to achieve, but I hope I can convince the House that there are better ways in which they may be delivered. We intend to make regulations under Clause 38(3)(e) that will require information to be provided by senior coroners to the Chief Coroner, which will include information on inquests that have been delayed, to enable the Chief Coroner to have operational oversight of the service. The Chief Coroner is likely to take a particular interest in the details of coroners’ oldest cases, or those where the indications are that the investigation has stalled. This will enable the Chief Coroner to assist in any liaison which may be necessary with other organisations investigating the circumstances of the death, or to improve the protocols which are, or will be, established between coroners and particular organisations. In relation to overseas deaths, the Chief Coroner, with the help of our consulate service overseas, will play an important role in representing the interests of the coronial system and will help to secure information on behalf of particular coroners. The Chief Coroner will therefore monitor the oldest or lengthier cases, and is likely to publish information about them for inclusion in his or her annual report. I therefore believe that these amendments are unnecessary, and suggest that the regulations—on which we will be consulting fully at a later stage—would be a more fitting place for them. Similarly, as the annual report would be laid before each House of Parliament, we do not believe it to be necessary for the Lord Chancellor to make half-yearly statements to the House. The Chief Coroner’s report will be laid before each House of Parliament and should be self-explanatory. Of course, the Lord Chancellor may be questioned on any aspect of the contents of this report and how he or she intends to react to any issues raised through the normal procedures, such as Oral and Written Parliamentary Questions. The Chief Coroner will be involved in drafting the regulations, which will be properly consulted on so that they are fit for purpose. A particular question is what will happen to the present system of quarterly Written Ministerial Statements on military inquests. In the short to medium term—two to three years—we anticipate that those statements will continue. However, once the new system is implemented, particularly with the appointment of the Chief Coroner, we may review that. Decisions are likely to be dependent on a number of factors. The first and most obvious is that the situation in theatre may be quite different in two to three years. Secondly, it may be more appropriate for the Chief Coroner, as operational head of service, to recommend to the Lord Chancellor the best and most appropriate method of collating and disseminating this information. Thirdly, some of these deaths may in future be dealt with by way of fatal accident inquiry in Scotland rather than by way of inquest in England and Wales, so that would also need to be considered when publicising this information. There is always a conflict between putting something on the face of the Bill and including it in regulations, but we recommend the latter because the regulations would be better as a result. Our objectives coincide with everyone who has spoken—to improve the efficiency of the coroner service and as part of that, reduce the time that people have to wait. On that basis, and underlining the Government’s commitment to tackle the issues, I invite the noble Baroness, Lady Miller, to withdraw her amendment.