Coroners and Justice Bill. Lords Committee stage first day. Clauses 1 to 6 agreed to. New clause (Amendment 6A) debated and withdrawn. Clause 7 under consideration.
Coroners and Justice Bill
Committee of the Whole House (HL)
and
Debate on bills on Tuesday, 9 June 2009,
in the House of Lords.
Type
Parliamentary proceeding
Reference
711 c558-95, 608-28 
Session
2008-09
Legislative stage
Committee stage
Chamber / Committee
House of Lords chamber
Coroners and Justice Bill. Brought from the Commons. Explanatory Notes HL Bill 33-EN also published.
Wednesday, 25 March 2009
Bills
House of Lords
Wednesday, 25 March 2009
Bills
House of Lords
Proceeding contributions
Baroness Miller of Chilthorne Domer | 711 c627-8 (Link to this contribution)
At this hour, I do not want to detain the Committee for long. However, I want to ask a question so t...
Lord Bach | 711 c628 (Link to this contribution)
I think that the answer to the noble Baroness’s question is that it would be the relevant Minister. ...
Show all contributions (97)
Lord Kingsland | 711 c566 (Link to this contribution)
I am most grateful to the Minister for his response, both to my amendment and to the other amendment...
Lord Alton of Liverpool | 711 c566 (Link to this contribution)
Before we leave this group of amendments, I thank the noble Lord, Lord Kingsland, for his support in...
Lord Alderdice | 711 c563-4 (Link to this contribution)
I shall speak to Amendments 2 and 3. In beginning his speech, the noble Lord, Lord Alton, referred u...
Lord Bach | 711 c564-5 (Link to this contribution)
I thank all noble Lords who have spoken on this group of amendments. The noble Lord, Lord Kingsland,...
Lord Williamson of Horton | 711 c569-70 (Link to this contribution)
I support these amendments. In this part of the Bill we are concentrating on the substance of corone...
Baroness Finlay of Llandaff | 711 c567-8 (Link to this contribution)
The amendments in this group concern the time limits of inquests. At the moment, an inquest can be o...
Baroness Finlay of Llandaff | 711 c567 (Link to this contribution)
Clause 2: Request for other coroner to conduct investigation
Amendment 4
4: Clause 2, page 2, line...
Lord Kingsland | 711 c567 (Link to this contribution)
I beg leave to withdraw my amendment.
Amendment 1 withdrawn.
Amendments 2 and 3 not moved.
Clause...
Lord Dubs | 711 c566 (Link to this contribution)
I am grateful for the support from the noble Lords, Lord Kingsland and Lord Alderdice, for Amendment...
Lord Alton of Liverpool | 711 c570-1 (Link to this contribution)
I support these amendments. In another context, Gladstone famously said that justice delayed is just...
Lord Craig of Radley | 711 c571 (Link to this contribution)
I support these amendments. The Minister wrote to me stating that the overriding aim of the reforms ...
Lord Bach | 711 c571-3 (Link to this contribution)
I thank noble Lords for this interesting debate on the timely hearings of inquests. I start by stati...
Baroness Miller of Chilthorne Domer | 711 c573 (Link to this contribution)
I did not hear the Minister give a reason why we could not include the amendments in the Bill. Altho...
Baroness Butler-Sloss | 711 c570 (Link to this contribution)
I support these amendments. There is nothing unusual in monitoring the progress of cases. The Heads ...
Baroness Butler-Sloss | 711 c575 (Link to this contribution)
I support the amendment. I am somewhat concerned, reading the Bill, that the responsibility for coro...
Baroness Finlay of Llandaff | 711 c573-4 (Link to this contribution)
I thank all noble Lords who have spoken in support of the amendments. In particular, I thank the nob...
Lord Bach | 711 c573 (Link to this contribution)
I am not sure that that would really add anything to the Bill given what we intend to do. If a phras...
Lord Kingsland | 711 c574-5 (Link to this contribution)
The amendment would insert a sixth subsection in Clause 3 between subsections (1) and (2). As your L...
Lord Kingsland | 711 c574 (Link to this contribution)
Clause 3: Direction for other coroner to conduct investigation
Amendment 5
5: Clause 3, page 2, li...
Baroness Finlay of Llandaff | 711 c575-6 (Link to this contribution)
I have two amendments in this group, which concern the resources available to coroners. First, I sho...
Baroness Fookes | 711 c577 (Link to this contribution)
I shall speak to Amendment 79, which is in this group and stands in my name. The noble Baroness has ...
Lord Davies of Oldham | 711 c578-80 (Link to this contribution)
I am grateful to all noble Lords who have spoken to this group of amendments, which relate to the qu...
Baroness Miller of Chilthorne Domer | 711 c580 (Link to this contribution)
It is not quite clear how this funding is going to be achieved. Local authorities will be responsibl...
Lord Craig of Radley | 711 c577 (Link to this contribution)
I support the noble Baroness, Lady Fookes. My name is on this amendment. What has been said makes it...
Lord Thomas of Gresford | 711 c577 (Link to this contribution)
I support the amendments. Schedule 2 sets out the Government’s policy that the coroner areas should ...
Lord Davies of Oldham | 711 c581 (Link to this contribution)
That is a little unfair; I have not talked about any of the ingredients, and I am certainly not goin...
Baroness Fookes | 711 c581 (Link to this contribution)
Do I take it that, like the ancient Israelites, the local authorities are commanded to make bricks w...
Baroness Finlay of Llandaff | 711 c581 (Link to this contribution)
I thank the Minister for that comprehensive reply in outlining the standards. It struck me that an a...
Lord Davies of Oldham | 711 c580-1 (Link to this contribution)
Local authorities are going to be responsible for meeting their obligations under the Bill. It may e...
Lord Thomas of Gresford | 711 c581-2 (Link to this contribution)
That framework is all very well, and I approve of the Chief Coroner and the inspector to whom the no...
Lord Davies of Oldham | 711 c582 (Link to this contribution)
I am delighted to see that the noble Lord, Lord Kingsland, is about to rise to his feet. I have not ...
Lord Kingsland | 711 c582 (Link to this contribution)
I am most grateful to all those who have spoken in this debate and to the Minister for what he has s...
Baroness Butler-Sloss | 711 c583 (Link to this contribution)
The noble Lord, Lord Kingsland, has raised an entirely relevant point in his amendment. Will it be i...
Lord Davies of Oldham | 711 c583 (Link to this contribution)
The whole point of Committee stage is to raise issues which give the Government a chance to pause fo...
Bishop of Winchester | 711 c583 (Link to this contribution)
I wonder whether I am the only Member of the Committee who has become increasingly baffled during th...
Lord Kingsland | 711 c583-4 (Link to this contribution)
I say with great respect to the Minister that he appears to be putting up more and more smoke in res...
Lord Davies of Oldham | 711 c583 (Link to this contribution)
There are individuals in our national life who carry out roles in which they make recommendations on...
Lord Davies of Oldham | 711 c584 (Link to this contribution)
I am very happy to respond to the noble Lord. In fact, I did in my opening remarks indicate that we ...
Lord Davies of Oldham | 711 c587 (Link to this contribution)
That is an important point, but the noble Lord, Lord Alton, will recognise that transfer of cases is...
Lord Alton of Liverpool | 711 c586-7 (Link to this contribution)
I am grateful to the noble Lord, Lord Davies. Before he concludes, will he indicate what capacity he...
Lord Davies of Oldham | 711 c585-6 (Link to this contribution)
I am grateful for the succinct but accurate comments made in support of these amendments. I hope I w...
Baroness Fookes | 711 c585 (Link to this contribution)
I rise to speak to my own Amendment 90A, which is in this grouping although it goes to Schedule 4, w...
Lord Alton of Liverpool | 711 c585 (Link to this contribution)
I should like to ask the Minister a question arising from my noble friend Lady Finlay’s amendment. I...
Baroness Finlay of Llandaff | 711 c584-5 (Link to this contribution)
I feel I should apologise for having such a series of amendments, but I remind the Committee that I ...
Baroness Finlay of Llandaff | 711 c584 (Link to this contribution)
Amendment 5A
5A: Clause 3, page 3, line 6, at end insert—
"(4A) When giving notice in writing to co...
Lord Kingsland | 711 c584 (Link to this contribution)
I am most grateful to the Minister for replying in the way that he has. I shall re-table this amendm...
Baroness Finlay of Llandaff | 711 c587 (Link to this contribution)
I am most grateful to the Minister for his comments and assurances and I am glad that we were able t...
Baroness Fookes | 711 c587 (Link to this contribution)
Amendment 6A
6A: After Clause 3, insert the following new Clause—
"Investigations into deaths of se...
Baroness Fookes | 711 c587-8 (Link to this contribution)
The proposed new clause stands in my name and that of the noble Baroness, Lady Dean of Thornton-le-F...
Lord Bach | 711 c592-5 (Link to this contribution)
This House is always at its best when discussing our Armed Forces. As the noble Lord, Lord Alton, ki...
Baroness Emerton | 711 c592 (Link to this contribution)
I support the amendment tabled by the noble Baroness, Lady Fookes. I speak from the families’ point ...
Lord Alton of Liverpool | 711 c607 (Link to this contribution)
Clause 5: Matters to be ascertained
Amendment 7
7: Clause 5, page 3, line 37, leave out paragraph ...
Baroness Fookes | 711 c595 (Link to this contribution)
I am deeply grateful for the powerful support that I have had from many noble Lords tonight. I know ...
Lord Alderdice | 711 c590-1 (Link to this contribution)
We have a great of sympathy with the amendments tabled by the noble Baroness, Lady Fookes, and the n...
Lord Craig of Radley | 711 c589-90 (Link to this contribution)
I rise to speak to Amendment 37 and the other amendments grouped with it. They all have a similar th...
Lord Neill of Bladen | 711 c592 (Link to this contribution)
I wish to say a word in support of the amendment tabled by the noble and gallant Lord, Lord Craig of...
Lord Alton of Liverpool | 711 c591-2 (Link to this contribution)
The noble Lord, Lord Alderdice, has just reminded us that the day-to-day knowledge of war on the par...
Lord Alton of Liverpool | 711 c607-8 (Link to this contribution)
We come now to Clause 5 and my Amendment 7, which is grouped with other amendments. The amendment wo...
Lord Alderdice | 711 c610-2 (Link to this contribution)
I will speak to a number of amendments in this group in my name and that of my noble friend Lord Tho...
Baroness Finlay of Llandaff | 711 c608-10 (Link to this contribution)
I have several amendments in this group. I should like to speak to Amendments 7 and 27 and then turn...
Lord Thomas of Gresford | 711 c617 (Link to this contribution)
Let me pursue the point that I was making. Let us suppose for a moment that a young soldier has been...
Lord Bach | 711 c613-7 (Link to this contribution)
I am grateful to all noble Lords who have taken part in this very important debate. The noble Lord, ...
Lord Thomas of Gresford | 711 c613 (Link to this contribution)
I support the amendments that have been spoken to. On the question of civil liability, it should be ...
Lord Dubs | 711 c612-3 (Link to this contribution)
I shall speak to Amendments 11 and 28, both of which are in this group. I welcome the fact that the ...
Lord Neill of Bladen | 711 c617 (Link to this contribution)
Does the Minister thereby recognise that, in many cases, a full and accurate statement of the facts ...
Lord Bach | 711 c617 (Link to this contribution)
As I am advised, coroners could refer to such matters as the noble Lord raises—inadequate provision ...
Lord Thomas of Gresford | 711 c617 (Link to this contribution)
I am not so much concerned with the person but with the Ministry of Defence, for example.
Lord Bach | 711 c617 (Link to this contribution)
As I understand it—I want to be very careful to answer the noble Lord as accurately as I can—the ans...
Lord Bach | 711 c617-8 (Link to this contribution)
Not for the first time, I agree with the noble Lord. It would be a fallacy to divide those two thing...
Lord Alderdice | 711 c618 (Link to this contribution)
In precisely the terms that the Minister himself used, coroners have to tread very carefully. That i...
Lord Neill of Bladen | 711 c618 (Link to this contribution)
Criminal liability may involve other factors such as guilty mind, but from the point of view of the ...
Lord Bach | 711 c618 (Link to this contribution)
I can say only a little about guidance, but I should have thought that what the noble Baroness has s...
Baroness Finlay of Llandaff | 711 c618 (Link to this contribution)
I thank the Minister for his explanation and for correctly interpreting the intention behind all of ...
Lord Bach | 711 c618 (Link to this contribution)
I certainly hope not.
Bishop of Winchester | 711 c618 (Link to this contribution)
What is the impact of Schedule 4(6) on page 127, to which reference is made in the clauses we are di...
Lord Bach | 711 c619 (Link to this contribution)
If we look together at paragraph 6 of Schedule 4, it reads: ""Where … a senior coroner has been cond...
Bishop of Winchester | 711 c618 (Link to this contribution)
I can understand the noble Lord saying that. My question is whether that is the case.
Lord Alton of Liverpool | 711 c619-20 (Link to this contribution)
I thank everyone who has taken part in the debate on this group of amendments, and not least the nob...
Lord Pannick | 711 c624-5 (Link to this contribution)
I, too, support the amendments that have been proposed by the noble Baroness, Lady Miller, and the n...
Lord Bach | 711 c625-7 (Link to this contribution)
I intend to be fairly brief in my response. As the noble Lord, Lord Kingsland, indicated, these are ...
Lord Bach | 711 c621 (Link to this contribution)
Clause 7: Whether jury required
Amendment 14
14: Clause 7, page 4, leave out line 18
Lord Bach | 711 c621-2 (Link to this contribution)
Following the announcement on 15 May by my right honourable friend the Lord Chancellor, the governme...
Baroness Miller of Chilthorne Domer | 711 c622-4 (Link to this contribution)
My Amendments 33 to 36 are grouped with the government amendments. The Minister is right, there is a...
Lord Kingsland | 711 c624 (Link to this contribution)
I have considerable sympathy with the amendments tabled by the noble Baroness, Lady Miller, but toni...
Baroness Finlay of Llandaff | 711 c620 (Link to this contribution)
Amendment 13A
13A: Clause 6, page 4, line 14, at end insert—
"( ) The senior coroner shall maintain...
Lord Alton of Liverpool | 711 c620 (Link to this contribution)
I wish briefly to support my noble friend Lady Finlay in moving this amendment. In the previous grou...
Baroness Finlay of Llandaff | 711 c562-3 (Link to this contribution)
I have added my name to the amendment that has already been discussed by my noble friend Lord Alton,...
Lord Alton of Liverpool | 711 c559-61 (Link to this contribution)
Amendment 2 stands in this group and is in my name and that of my noble friend Lady Finlay of Llanda...
Lord Dubs | 711 c561-2 (Link to this contribution)
I would like to speak to Amendment 3 in my name. This stems from the work of the Joint Committee on ...
Lord Kingsland | 711 c558 (Link to this contribution)
Clause 1: Duty to investigate certain deaths
Amendment 1
1: Clause 1, page 1, line 9, at end inser...
Lord Kingsland | 711 c559 (Link to this contribution)
As your Lordships will see, the amendment seeks clarification from the Government that the jurisdict...
Baroness Miller of Chilthorne Domer | 711 c568-9 (Link to this contribution)
Amendment 13 is grouped with Amendments 4 and 6. The noble Baroness, Lady Finlay, made several impor...
Baroness Finlay of Llandaff | 711 c621 (Link to this contribution)
I am grateful to the Minister for that assurance. My amendment was intended to probe and to make sur...
Lord Davies of Oldham | 711 c582-3 (Link to this contribution)
Let us be clear what the debate is all about. I have listened to a construct of a different basis on...
Lord Davies of Oldham | 711 c621 (Link to this contribution)
I acknowledge that accurate recordkeeping is a vital part of the coroner’s role and can help to iden...
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