Coroners and Justice Bill

My Lords, I shall speak also to Amendments 46 and 48 in the name of the noble Lord, Lord Ramsbotham. Paragraph 6 of Schedule 5 heightens the profile of coroners’ reports to prevent future deaths, by putting the existing provision, which is currently contained in coroners rules, into primary legislation. These reports by coroners aim to improve public health and safety by identifying and publicising action which the coroner considers should be taken to prevent future deaths. As currently drafted, the Bill stipulates that the coroner "may" make such a report if he or she is of the opinion that action should be taken to prevent the occurrence or continuation of circumstances creating a risk of other deaths occurring in the future, or eliminating or reducing the risk of death created by such circumstances. In Committee, the late Lord Kingsland contended that it was not sufficient to confer a power on the coroner to issue a report where he or she had formed such an opinion and that in such situations the coroner ought to be under a duty to make a report. Our initial concern was that requiring a coroner to issue a report in certain circumstances could, perhaps, fetter the coroner’s judicial discretion. However, having considered this matter carefully, we agree that if the coroner has formed such an opinion, we can fully understand that he or she should then have a duty to make a report. Accordingly, our Amendment 42 replaces the discretionary "may" with the obligatory "must". I believe that that is what Lord Kingsland was seeking when he raised this matter in Committee and we adopt his suggestion. I commend the amendment to the House and I beg to move. I shall respond to the amendment that I hope will be spoken to by the noble Lord, Lord Ramsbotham.