Policing and Crime Bill

Debate between Lord Mackay of Clashfern and Lord Hunt of Chesterton

Report: 2nd sitting (Hansard): House of Lords
Wednesday 7th December 2016 Lords Chamber

[Lord Hunt of Chesterton (Lab)]

My Lords, I support the amendment tabled by my noble friend. I speak as a scientist. I tabled a Question some eight or nine years ago about when there are scientific questions in a legal case and lots of money is spent by the Crown on some prosecution and little or zero money is available for the defence. It would be more appropriate, as in many civil cases, to have some sharing between the two sides of the nature of the scientific study and the interpretation of the data. When that does not happen—for example, it did not in the case of R v Sion Jenkins—you get serious miscarriages of justice and lots of money being spent: £10 million, I think, in that case. This amendment is very important.

[Lord Mackay of Clashfern (Con)]

My Lords, many years ago the “Marchioness” inquiry had to have a second coroner’s inquest. The parents of the people who had sadly lost their lives came to me and asked for legal aid, because there was no legal aid generally speaking in that situation. It was possible for me to authorise a fixed payment. In other words, I would decide how long their matter should last. Having had regard to the submissions made, I was able to fix an amount that defrayed the cost of the second inquest for the parents, which was extremely satisfactory.

A police force may be an interested party without being represented, but where it is represented, money should be available to the people affected on the other side. I agree that a judicial officer should decide that. The obvious judicial officer in this case is the coroner, who is already fixed with the ideas and matters likely to be litigated in the inquest. Therefore, if the noble Lord, Lord Rosser, was to go for the coroner instead of the elected police commissioner, that would be worth putting on the statute book now, subject to any argument we may yet hear from the Government. It is true that a considerable inquiry is already initiated, but it is primarily related to what happened at Hillsborough, which was a very special case. This is a much more general proposition. There is a good deal to be said for it. If the police want to save public money they should reduce their representation.