This group of government amendments places on a statutory footing the separate posts of the national medical examiner and the medical adviser to the Chief Coroner. The Government have tabled the amendments after careful consideration of the views expressed in Committee by the noble Baroness, Lady Finlay, and the noble Lords, Lord Thomas of Gresford, Lord Alderdice and Lord Alton.
Amendments 35 and 143 allow for the appointment of a national medical examiner, who will provide professional leadership to medical examiners and, in particular, issue guidance with a view to securing that they carry out their functions effectively and proportionately. It will be for the Secretary of State for Health to agree the detailed job description of the national medical examiner. However, it is envisaged that the national medical examiner will also act as the main point of liaison with the medical adviser to the Chief Coroner to ensure that close working relationships between coroners and medical examiners at local level are also mirrored at national level.
In terms of qualifications for the appointment, the national medical examiner will have been a registered medical practitioner for at least five years and have practised within the previous five years. The Secretary of State will determine the terms and conditions of the national medical examiner and their remuneration or allowances.
Amendments 49 and 51 provide for the Lord Chancellor to appoint a medical adviser to the Chief Coroner and as many deputy medical advisers to the Chief Coroner as the Lord Chancellor thinks appropriate. As the title suggests, the medical adviser will advise and assist the Chief Coroner in relation to medical matters which are relevant to the coronial system.
It will be for the Lord Chancellor, in consultation with the Chief Coroner, to agree the precise job description. It may be helpful if I confirm what we envisage to be the key elements of the post. First, it is likely to be a strategic role, involving liaison with organisations such as the British Medical Association, the General Medical Council, the Royal College of Pathologists, the Human Tissue Authority and the Commissioner for Mental Health, as well as specialists in particular medical fields. More particularly, he or she will establish a strong working relationship with the new national medical examiner. The second main tranche of work is likely to see the medical adviser being responsible for formulating, promulgating and monitoring the use of best practice for medical aspects of the coroner system, including post-mortem examinations, the release of bodies and organ and tissue retention.
The amendment keeps open the option of appointing more than one in terms of deputy medical advisers. We anticipate that there will be one deputy, but the amendment keeps open the option of appointing more than one in case the need arises at some point in future. This is important, given that the medical adviser is a new role, and one which may evolve in future. As for qualifications, the medical adviser and deputy will have been registered medical practitioners for at least five years, and have practised within the past five years. The Lord Chancellor will decide the roles’ terms and conditions and remuneration or allowances.
Noble Lords will be aware that we have until now used the term "national medical adviser" to refer to this role. I hope noble Lords will agree that the term "medical adviser to the Chief Coroner" makes the nature of the role clearer. In addition, it distinguishes the role clearly from that of the national medical examiner. I beg to move.
Coroners and Justice Bill
Proceeding contribution from
Lord Bach
(Labour)
in the House of Lords on Wednesday, 21 October 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
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713 c791-2 
Session
2008-09
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