Public Bodies Bill [HL]

Lord Mackay of Clashfern Excerpts

Tuesday 14th December 2010 Lords Chamber

[Lord Taylor of Holbeach]

I do not want to go beyond my brief but I know the answer to that question. The Lord Chief Justice is in discussions with the Ministry of Justice, and the proposal is that regulations would be issued under the auspices of the Lord Chief Justice in order to require coroners to train and maintain a training and professional skill base, which, I think that we in the Committee all agree, is extremely variable at present. The best should not be an exception; they should be the rule. That is the process that the senior judiciary are currently discussing with the MoJ.

[Lord Mackay of Clashfern]

Before my noble friend sits down, I would like to get this clear. Is it right that the Government’s proposal is not that officials in the Ministry of Justice should take the place of the chief coroner if the chief coroner’s position is removed but that the judicial role of the chief coroner, as was proposed in the Coroners and Justice Act, will in fact be discharged, after discussion with the senior judiciary, by an existing member of the independent judiciary? Is it right that the instructions or guidance given to coroners will be given under the statutory provisions of the Coroners and Justice Act? Am I right that there is no question of the judicial functions of the chief coroner, so far as they were provided for, being discharged by Ministry officials and that, rather, they will be discharged by the judiciary that is presently independent? Am I right in thinking that from time to time coroners’ functions are performed at present by members of the judiciary? I think that one of the most important functions is performed at the moment by a senior judge of the Court of Appeal.

[Lord Taylor of Holbeach]

I thank my noble and learned friend for that question. It gives me the opportunity to make it clear that to the extent that the chief coroner’s functions are judicial, they will be carried out through direction from the Lord Chief Justice, not the Ministry of Justice. Therefore, the independence of the judiciary in respect of the coronial service is preserved.