Public Bodies Bill [HL]

Debate between Lord Christopher and Baroness Butler-Sloss

Tuesday 14th December 2010 Lords Chamber

[Lord Christopher]

My Lords, I support the amendment from the point of view of a layman who unexpectedly found himself consulted—if that is the right word—on an inquest. I suppose that all of us hope never to be the subject of an inquest, and very few of us wish to have any reason to be directly involved in one. The case was brought to my attention a couple of years ago—the noble Lord, Lord McNally, has a file on it in his office containing evidence from myself, the complainant and the Member of Parliament for the poor man who was deceased.

It was, in my judgment, a disgraceful occasion. The death was tragic and, because of the number of agencies and parties involved, the case had taken several years to come before the coroner. As a reasonable person looking at what was done by the coroner at the inquest, it seemed to me that he did not do his job properly. He allowed evidence that seemed irrelevant to what had been said before and that was hostile to the complainants, and he did not disclose what he knew: namely, that the parties involved in the actions that led to the death had admitted their role and made a settlement. That evidence was not allowed before the jury. As I said, I had never had any previous involvement of any shape or form with an inquest but it seemed to me that something was not right in the state of Denmark. However, the solution that has come from earlier discussions on the Bill in this House seems to offer some hope that things will be put right.

I understand that New Zealand, which, like many in our erstwhile empire, followed in our steps with its coroner system, has for some time had precisely what is sought in this Bill. I understand that a coroner from that country was here recently and was amazed that we have not gone down this route. It is appalling that ordinary people who may not be satisfied with the results of an inquest can only, as the noble Baroness said, have a judicial review. There is no other avenue for them to complain effectively.

Lastly—this may be of some comfort to the Minister—having looked at this particular case, I believe that some way can be found of dealing with the situation rather more economically. Where there are a number of official agencies—using that term in the broadest sense—it may well be possible, through the good offices of a senior coroner, to find a way of ensuring that inquests take less time than they do today, as that, again, is pretty disgraceful.

[Baroness Butler-Sloss]

My Lords, I declare an interest as a former assistant deputy coroner—something that I did for as short a period as I could. Coroners, like judges and judicial officers, sit alone and quite often become isolated. If they always sit in the same place, there is a danger that their arrangements will not be consistent with those of adjoining coroners or indeed of coroners in other parts of the country.

Coroners receive a certain amount of training, as did I. As far as it went, it was good but it was not sufficient. The advantage for judges and judicial officers is that not only do they have the Judicial Studies Board but, infinitely more important, at the top of the ladder is the Lord Chief Justice, and under him are senior judges who keep the standards up and give very important guidance. That is absolutely essential. The purpose of the chief coroner and the deputies beneath him or her is to give important guidance to individual coroners right around the country who sit on their own and are isolated, and to offer guidance and keep the standards up, as the standards also vary. Losing a post not yet filled would leave coroners to carry on without that necessary help. It would also deny the public a sufficiently good coronial system.

In answer to a Question asked at Question Time some weeks ago, the Minister said that the guidance would be given by the Ministry of Justice. Like judicial officers and indeed judges, coroners are independent, and it is just not good enough for the Ministry of Justice to offer guidance to those who sit in a judicial or semi-judicial capacity. It just will not do. The Minister clearly did not understand—or perhaps, rather more importantly, the Ministry of Justice did not understand—that the sort of guidance it would give would not be good enough. Judges would not accept it, and why on earth should coroners accept it when it is possible to have a much better system? It is clear to me that the roles of chief coroner and the deputy coroners and so on are essential, as set out so ably by the noble Baroness, Lady Finlay of Llandaff, and that this amendment absolutely deserves to be carried.