Coroners and Justice Bill

My Lords, as always, the noble Lord, Lord Ramsbotham, puts a very persuasive case. I appreciate the points made by the noble Lord, Lord Alderdice, and I can see the advantage in seeking to do what he says—to set out what an inquest can and cannot do in relation to findings that could be said to relate to criminal or civil liability. In defence of the Minister—not that he ever needs defending—Clause 10(2) clearly states: ""A determination under subsection (1)(a) may not be framed in such a way as to appear to determine any question of—""(a) criminal liability on the part of a named person, or""(b) civil liability"." That seems right. The determination of criminal or civil liability for an act or omission on the part of an individual is a matter for separate courts, not the coroner’s court. I would not want to see the risk arise of a trial—possibly, given the circumstances, a very serious trial for murder or manslaughter—being prejudiced by findings at a coronial inquest that is, according to Clause 5, an investigation into who the deceased was and how he came about his death. The blame element—who is liable—is a matter for other courts that apply different rules. I understand the reference made to the position in Scotland, and I share the resolve to ensure that an inquest gets to the bottom of the facts surrounding a death. Everything that can be done to seek out the truth should be done. However, I am cautious about the amendment because I am wary of allowing findings of fact to stray into comment upon matters that properly lie with another court. I am glad that we have had a chance to debate this, and I am looking forward to the Minister’s reply. Amendment 17, which makes clear that Amendment 16 should not prevent a description of the circumstances surrounding a death, reinforces the criteria that are to be looked at in Clause 5. I expect that we are going to hear from the Minister that that premise is upheld in the Bill, as it should be. I hope that he will be able to reassure us on the correct role of different courts and the independence of coronial inquests.