My Lords, Clause 42(2) sets out a comprehensive list of persons who may be designated as interested for the purpose of an investigation into a death. In the absence of an interested person willing to represent the interests of the deceased, the amendment would allow coroners to recognise an additional category as interested for this purpose. This category would be organisations or persons who are considered interested for the purpose of judicial review. It is very kind of the noble Lord to have made my speech for me, as I do not believe that this alteration is necessary. Clause 42(2)(m) gives the coroner discretion to include within a particular case any person with a sufficient interest. This could include a party interested for purposes of judicial review. It could also include a member of the person’s extended family, such as an uncle or niece, or even a friend of the deceased.
If a coroner decides that a person has a sufficient interest and they do not fall within one of the other categories, they may appeal that decision to the Chief Coroner under Clause 35(5). I believe that this will sufficiently protect those persons targeted by this amendment. It is probable that we will be able to clarify this in regulation, but I put a slight caveat on that and will write to the noble Lord, Lord Alderdice, in terms before Third Reading saying whether we will be able to do so. If we are unable to do so, he will of course be able to retable the amendment. I invite the noble Lord to consider withdrawing the amendment.
Coroners and Justice Bill
Proceeding contribution from
Lord Tunnicliffe
(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 c1007-8 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
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2024-04-21 13:22:43 +0100
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