Coroner Service

Lord McNally Excerpts

Tuesday 1st November 2011 Lords Chamber

[Baroness Miller of Chilthorne Domer]

To ask Her Majesty’s Government what responses they have received on the draft charter for the coroner service from organisations that represent the bereaved, and whether they anticipate making any substantial changes before they publish the charter.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, the Government received 135 consultation responses, of which 16 were from organisations representing the bereaved. We are concurrently considering these responses, and we intend to publish our response to the consultation in December.

[Baroness Miller of Chilthorne Domer]

My Lords, the Minister will remember that the idea of the charter was that it would create a standard of service for bereaved people. He will be aware that the Government now propose a general charter for anyone coming into contact with the coroner service. What does he say to the likes of the father of Adrian Pullman, now himself dying of cancer, who has waited eight years for an inquest into why his five year-old only son was found dead in a swimming pool on a local authority care break? Does the Minister recall that in 2009, when we debated the Coroners and Justice Act, the coroner’s office involved said, “We have a lot of cases but this will be given a bit of priority because of the delay, but I cannot foresee it being heard before the end of the year”? It has still not been heard. Can the Minister say what in the Government’s revised proposals would mean that a bereaved father no longer had to wait eight years for an inquest?

[Lord McNally]

My Lords, let us be clear that in a system such as this delays are sometimes unavoidable; for example, because of ongoing criminal or other investigations or, in some cases, because of the family’s wishes. We want to ensure as efficient a system as possible. As part of that, we believe that the measures in the Coroners and Justice Act 2009 which we are implementing will help to reduce delays. We will also publish a wider range of statistics about the coroner system than we presently collect, drawing on our experience of service personnel inquests, where the quarterly publication of statistics has helped to eliminate delays throughout England and Wales.

[Baroness Finlay of Llandaff]

My Lords, how many complaints were received last year about the proceedings and delays in the coroners’ courts and how are they informing the revision of the charter, given that some coroners feel that the aspirations set in the charter are unrealistic in situations such as when a second post-mortem needs to be performed?

[Lord McNally]

I do not have those figures, but I will write to the noble Baroness. Everything we have done in studying this process is aimed at improving the efficiency of the system. I do not think that the simple removal from the reforms of the single post of chief coroner removes the fact that we are implementing the Coroners and Justice Act 2009. We have reviewed very thoroughly. We have consulted very thoroughly, as the noble Baroness knows very well, and we believe that our reforms will bring the improvements that the original Act sought to do.

[Lord Bach]

My Lords, just two years ago, the consensus in this House and in the other place was that the chief coroner was an essential part of a new coronial system. In spite of the views of this House, and of many outside, including the Royal British Legion, why are the Government still insistent on not appointing a chief coroner, who would be an important part of the reforms that Parliament agreed by consensus?

[Lord McNally]

A Government is allowed to look at an issue, examine widely, listen, consult, and then make a decision in the context of the financial circumstances it finds at the end. My right honourable friend the Lord Chancellor has decided that the immediate appointment of a chief coroner is not justified in the present circumstances. After listening to the various representations, we left the title of chief coroner in Schedule 5 to the Bill when it returned from the other place, and that will allow this House, the other place and the outside organisations to judge whether we are still able to carry through the bulk of the 2009 Act without the chief coroner. We believe we can, and by our deeds you can judge us.

[Lord Thomas of Gresford]

The charter will not be statutory so how will it be enforced?

[Lord McNally]

The Coroners and Justice Act 2009 provides for the Lord Chancellor to issue statutory guidance about the way in which the system operates, specifically in relation to bereaved families. We plan to revise the charter when we implement the coroner provisions in the Act and at that stage we will give the revised charter the status of statutory guidance.

[The Lord Bishop of Bath and Wells]

My Lords, in view of the Government’s declared objective of putting the bereaved at the heart of the inquest process, will the charter make provision for the special circumstances affecting communication with families whose loved ones have died in the custody of the state, and will it take into account the submissions made by the organisation INQUEST?

--- Later in debate ---

[Lord McNally]

Indeed, we have been in regular contact with INQUEST and those are exactly the kinds of issues for which we hope the new charter will enable the bereaved to have direct redress if problems arise. Let us be clear: as much as the previous Government, we want an efficient coroner service that allows bereaved people full information about a process which is always going to be stressful. It really is our full intention to try to make this system work along the main lines of the 2009 Act, but without a chief coroner.

[Lord Rooker]

Does the Minister accept that the Question asked by the noble Baroness was a first-class use of Question Time in bringing a long-standing individual grievance to the Floor of Parliament? Without knowing anything about the circumstances, would it not have been appropriate for the Minister at least to have said that he will go away and look into this?

[Lord McNally]

It may have been. I am not so sure that it is a proper use of Question Time to expect the Minister to know about an individual, personal case, which I fully understand for the individuals concerned must be extremely serious. One of the things that I do, as the noble Lord probably did as a Minister, is have a washing-up session after Question Time to see what needs to be followed up. However, I do not intend ever at this Dispatch Box to use personal cases either for attack or defence.

[Baroness Farrington of Ribbleton]

My Lords, will the Minister explain to the House how the Government determine priorities? We are talking here about a consensus across the other place and your Lordships’ House on the importance of this post. The issue has been raised by the noble Baroness, Lady Miller, on many occasions in this House. Yet, the Government pray in aid being careful with money while railroading through police and crime commissioners, who will cost millions and for whom there is no consensus outside. Where are the Government’s priorities when it comes to this sort of issue?

[Lord McNally]

I have already explained the process. I do not think that the noble Baroness, Lady Finlay, my noble friend Lady Miller or other noble Lords have said that the Government have not been available to discuss matters or to go through the process with them. Just as when the noble Baroness was a member of the previous Government, the Government are entitled to make a judgment on a matter and to put it to the House. This matter will return to this place and the House will then have to make a decision. It is simply not true that we have not listened. We have made substantial changes to the implementation of the Coroners and Justice Act, so much so that I believe that I can stand up the claim that we are implementing the bulk of the 2009 Act. But our judgment is that a chief coroner is not needed in post at this moment. We have left it in the Bill so that a judgment can be made at a later stage. But at this stage the Government’s judgment is that we should not go ahead with a chief coroner. At a later stage, when the Bill returns to the House, I will defend that position.