My Lords, I have a brief question in support of the amendment of the noble Lord, Lord Ramsbotham, to give discretion to the coroner. As I understand it, the position is that in human rights terms we are looking at Article 2 of the convention on the right to life and the need for procedural fairness, and at Article 6, essentially the due process clause. It is clear that the principle of equality of arms, a principle well known under the convention and in common law, applies here. We are amending a schedule to what is described as an "access to justice" statute, and access to justice involves equality of arms. Is it not to be said strongly in favour of the noble Lord’s amendment that it would give the coroner the necessary discretion to allow them, in the circumstances of the case, to decide how the principle of equality of arms would apply when dealing with access to justice to ensure that there was not the kind of gross imbalance that my noble friend has just described? Without that discretion, how will the principle apply to the government scheme as amended today?
Coroners and Justice Bill
Proceeding contribution from
Lord Lester of Herne Hill
(Liberal Democrat)
in the House of Lords on Thursday, 5 November 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
714 c397 
Session
2008-09
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