UK Parliament / Open data

Coroners and Justice Bill

Proceeding contribution from Jack Straw (Labour) in the House of Commons on Monday, 9 November 2009. It occurred during Debate on bills on Coroners and Justice Bill.
None of us is comfortable about departing in any case from jury inquests. I hope my hon. Friend will concede that none of us would be going down that route unless we felt that it was absolutely necessary, but as I said, Inquest, Justice and other groups accept that there is material that should be kept from an inquest jury. It may be absolutely central to the case, and the investigation still has to proceed. Baroness Miller accepts that material should be kept back. She referred to the Chilcot criteria, although the withholding would be rather more extensive than she anticipated. In any event, we cannot do it within the scope of the Bill. The issue is whether we do or do not come up with a scheme that allows an article 2-compliant investigation to take place, where the finder of fact has access to all the relevant facts. The alternative that has been put to the House is a jury inquest from which material would be withheld, but, I suggest, on unsatisfactory grounds. That is not a way of reaching at the truth for the benefit of the parties—above all the aggrieved relatives. That is our overwhelming concern. In conclusion, I sense from the sombre atmosphere in the House that everybody is addressing themselves to the issue. Even at this late stage, I invite the House to acknowledge that the issues that I have tried to deal with are extremely difficult. They will, I repeat, arise only in rare exceptions. It is in the interest of all of us that those exceptions are kept to a minimum, but occasionally they will arise. The scheme that we propose is a way of achieving justice, not least for the aggrieved parties.
Type
Proceeding contribution
Reference
499 c59-60 
Session
2008-09
Chamber / Committee
House of Commons chamber
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