Draft Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016

Debate between Alberto Costa and Michael Ellis

Tuesday 15th November 2016 General Committees

[Alberto Costa (South Leicestershire) (Con)]

I declare that I am a non-practising Scottish solicitor. I welcome the order on behalf of those of us who have practised in both jurisdictions. Does the Minister agree that the order is an example of the UK Government being cognisant of the needs of Scotland and respecting Scottish devolution?

[Michael Ellis]

I am grateful to my hon. Friend for his intervention. The order is an example of Westminster working well with the Scottish Parliament. It is a most appropriate measure.

The proposed change has become of some relevance in recent days following the tragic death of Lance Corporal Joe Spencer of 3rd Battalion The Rifles. The death occurred at Royal Air Force Tain, near Inverness, on Tuesday 1 November. I take this opportunity to offer my sincere condolences to Lance Corporal Spencer’s family and friends. In legal terms, the mandatory requirement for a fatal accident inquiry proposed in the order is not retrospective, so even if the death is found to have been in the circumstances provided for, it will not apply to the death of Lance Corporal Spencer. Instead, the arrangements that have existed for some time under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 will apply, and it will therefore be within the discretion of the Lord Advocate to rule on whether a fatal accident inquiry is held in that case.

That sad incident none the less highlights the relevance and importance of the order. It highlights why the UK and Scottish Governments, Ministers of the Crown and officials have worked closely together to ensure that the order makes reserved legislative provision in consequence of the 2016 Act of the Scottish Parliament, the aim of which is to ensure that the fatal accident inquiry legislation in Scotland is fit for purpose. That collaboration represents another example of the Westminster Government’s commitment to working with the Scottish Government to make the devolution settlement work. I commend the order to the Committee.