Coroners and Justice Act 2009

Lord Bach Excerpts

Wednesday 24th November 2010 Lords Chamber

[Lord Bach]

My Lords, Section 51 of the Coroners and Justice Act, supported by the noble Lord when in opposition and indeed strongly encouraged on those Benches by the noble Lord, Lord Thomas of Gresford, is not now to be implemented. The section broadened the scope for legal aid so that bereaved service families would get legal aid for an inquest. If it is not implemented, some service families will receive legal aid only if they pass an exceptionality test. Will the noble Lord who speaks for the Government make a firm promise, indeed a guarantee, to the House that legal aid will be given in every inquest where service families ask for it?

[Lord McNally]

My Lords, the noble Lord is right. We are not taking forward Section 51 of the Coroners and Justice Act 2009. On military inquests, exceptional funding is almost invariably provided on the basis of a recommendation by the Legal Services Commission. I do not think that there is any question of such funding not being available.