Coroners and Justice Bill

I accept that, and in our debates about intercept some people have taken the view that we should just make it available. The Chilcot committee looked in some detail at the systems in other countries, but our system is much more adversarial, and the rules relating to the disclosure of unused material, and the police techniques behind it, are much tougher in most cases than those in other jurisdictions. That is fundamental to the problem that Chilcot was trying to deal with. We have to find some way of achieving a solution when there has been a death at the hands of the state and article 2 is involved, as are the requirements that, in every other circumstance, a jury inquest would take place. There can be a satisfactory finding of fact about the cause of death. There is a fundamental difference between such an investigation into a death, and any investigation leading to a criminal trial. In extremis—this has happened—the prosecution have the discretion to withdraw a prosecution, as they can balance the public interest if they think that they are being required to disclose material that would damage national security. In the context of an inquest or an investigation of a death under article 2, that is not an option, because it is the death that triggers investigation in the circumstances. There is no discretion. The investigation must be held. The only issue before the House—and it is an important one—is what the environment of that investigation should be. When clause 12 failed to find favour, I announced, along with my right hon. Friend the Home Secretary, that as an alternative he would use the provisions in the Inquiries Act 2005 to establish an inquiry. That had been suggested to us informally as an alternative. Provisions introduced in the other place make it clear that the matters before any such inquiry must be those matters which would have been before any inquest, as an irreducible minimum. There is also provision, in schedule 1, for the inquest itself to be formally adjourned while an inquiry takes place, and general provision for it to be resumed. In some cases it may be decided that there is no need for it, while in other cases it will be resumed.