Public Bodies Bill [HL]

Debate between Baroness Fookes and Lord Phillips of Sudbury

Wednesday 23rd November 2011 Lords Chamber

[Lord Phillips of Sudbury]

My Lords, with reluctance I want to speak against the proposition of the noble Baroness, Lady Finlay of Llandaff. Before I do so, I reiterate all that my noble friend Lady Miller and others have said in this mini-debate about the worth of the efforts of the noble Baroness, Lady Finlay, and indeed about how exemplary the combination of her efforts and those of others in this House as well as in outside bodies has been in bringing about the change in government policy that we have heard about today. That really is democracy in action.

However, there is one practical issue here that may not be sufficiently understood. I speak as one who at the start of his legal career was a coroner’s officer and indeed, on occasion, sat as a deputy coroner. The change we are making in creating the chief coroner post is, I believe, fundamental, and I think that it will have more ramifications than many realise. There is positive merit in waiting to see how it pans out over the next few years. Surely we do not want to rush into the creation of a new appeals mechanism without having the benefit of the experience of that changed situation. For that reason, if no other, I think that the position to which we have come—that is, acceptance of the chief coroner but at this stage not approval of a brand new appeals mechanism, especially in view of the fact that coroners’ juries find as to fact—may be the right one for the time being.

[Baroness Fookes]

My Lords, when I last spoke in this Chamber it was on the occasion of the debate in advance of Remembrance Sunday introduced by my noble friend Lord Selkirk. In that debate, I expressed my grave dismay at the then prospect of the duties of the chief coroner being distributed between departments and various officials.

I spoke, and speak now, from a very precise position. I am honoured to be the president of the War Widows Association of Great Britain. Its members know above all others what it is like to suffer the loss of loved ones and to go through military inquests. Over the years, they told me in no uncertain terms how difficult it was if a coroner was inexperienced in dealing with inquests, the nature of the war scene and the military ethos. To put it bluntly, the Ministry of Defence could pull the wool over the eyes of coroners not experienced in wartime matters. As time went on and certain coroners became expert, life became very much easier. My concern when the last Bill, now an Act, went through was that there should be coroners who had experience and had been properly trained to deal with this particular aspect of the coroner’s duties. Therefore, one can imagine my dismay when this was apparently thrown out of the window and it was decided not to take it further.

I am therefore very pleased indeed that wiser counsels have prevailed, and I know that many have been involved in the persuasion. I am grateful to the Government for largely, if not entirely, rescuing the whole coronial system. I think it would be churlish not to offer my sincere thanks for this particular mercy. Since I feel I am getting a bit aged to be a rebel, I am also relieved that I have been spared that tonight.