I understand that with this group of amendments, which I am grateful to the noble and learned Baroness for moving, she is aiming to ensure that coroners have the powers of search, entry and seizure that they need to obtain evidence. We wholeheartedly endorse that sentiment, as it is vital that no important evidence is lost. I shall attempt to do my best to assure her that the Bill’s provisions are adequate for their intended purpose.
The noble and learned Baroness is concerned that when the Bill comes into effect the police may for some reason stop removing evidence from the scene of death as they may conclude that items, such as suicide notes or drug paraphernalia, cannot be removed without either the owner’s consent or authorisation from the Chief Coroner. She is concerned that this may lead to evidence being lost or destroyed. Her amendments therefore explicitly give coroners powers to authorise a police officer, or any other specified person, to enter and search land and seize anything or inspect and take copies of documents. They remove the requirement for the Chief Coroner or a nominated senior coroner to authorise every use of these powers. Amendment 50 makes the decision to authorise such entry and search appealable to the Chief Coroner.
We have a number of concerns, which I shall mention shortly, but I take this opportunity of offering a meeting before Third Reading—which will have to take place this week, and there is no reason why it should not—with the Coroners’ Society of England and Wales, myself and my officials and, I hope, the noble and learned Baroness, to see whether we can come to some kind of accommodation on these matters. At present, I am bound to oppose the amendment, which I do not want to do unless it is absolutely necessary. It is better to come to some kind of agreement, although I make no promises. It seems as if our Third Reading debate may be almost as long as Report at this rate. These are serious issues; they must be if the Coroners’ Society has concerns, and we want to resolve them peaceably rather than walking though the Division Lobbies.
Coroners and Justice Bill
Proceeding contribution from
Lord Bach
(Labour)
in the House of Lords on Monday, 26 October 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
713 c993-4 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
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2024-04-21 13:22:46 +0100
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