My Lords, we return to the powers in paragraph 3 of Schedule 5 for a coroner conducting an investigation to enter and search land or premises and seize any items or inspect or take copies of any documents.
On Report, the noble and learned Baroness, Lady Butler-Sloss, spoke very eloquently of her concerns and those of the Coroners’ Society about the workability of these powers. In essence, she was concerned that the scope of the powers was insufficient as, in the time it would take to obtain written authorisation from the Chief Coroner, valuable evidence might be lost, which could affect many coroner investigations. She therefore tabled amendments to Schedule 5 on Report to remove the requirement for Chief Coroner authority and to enable coroners to authorise the police and other specified persons to enter and search premises on their behalf.
With the Minister, my honourable friend Bridget Prentice, I have subsequently had a very useful meeting with the noble and learned Baroness and the Coroners’ Society. I am pleased that, as a result of that meeting, we have been able to agree a way forward.
First, these government amendments remove the requirement for authorisation from the Chief Coroner, or from a senior coroner nominated by the Chief Coroner to give authorisation, to be in writing, which will enable authorisation to be sought and given over the telephone. Secondly, they add a requirement for the person giving authorisation to make a record of why they agreed the authorisation. Finally, they add a requirement for the Chief Coroner’s annual report to include a summary of the reasons given for authorisations granted in the calendar year to which the report relates. This will help to ensure public transparency for the use of these powers. I beg to move.
Coroners and Justice Bill
Proceeding contribution from
Lord Bach
(Labour)
in the House of Lords on Thursday, 5 November 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
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714 c389-90 
Session
2008-09
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