Redfern Inquiry

Baroness Smith of Basildon Excerpts

Tuesday 16th November 2010 Lords Chamber

[Baroness Smith of Basildon]

My Lords, I am grateful to the Minister for repeating the Statement today. On behalf of these Benches, I concur with his expressions of regret and apology to the families. The grief and shock that they experienced, in so many cases years after the death of their loved one, was compounded by not knowing the full facts or reasons why. I hope that they will now be confident that this report has done all that is possible to address the issues.

I also join the Minister in his appreciation and thanks for the work that Michael Redfern QC and his team undertook. The issue has been both complex and sensitive, and it is right that there has been an inquiry of this depth, level and seriousness. I have had only a short time to go through this very thorough piece of work, but it is clear that it is of the highest standard. The nuclear industry will want to make its own comments, but I note and welcome that it fully co-operated with the inquiry.

As the Minister said, the report was initially into the fact that tissue was taken from 65 individuals who died between November 1962 and August 1991 and had worked in the nuclear industry, but it was later extended. When this came to light, it was not clear that permission had ever been granted by the next of kin, and in most cases it appeared to have been authorised at the request of the coroner. Because of the length of time it had taken for this to come to light, and the lack of information, Alistair Darling, who was then Secretary of State for Trade and Industry, asked Michael Redfern to undertake an independent investigation, which was expanded to take into account other relevant incidents.

It is clear, as was said in the Statement, that this was a different era with different standards, and that lessons have been learnt from the past. However, that cannot excuse the fact that the report makes it clear that it was “profound ignorance” of the law that led to organs and tissues being removed, in breach of the Human Tissue Act 1961—although it must be relevant that at that time there was no independent regulatory authority. There was a clear failure of leadership, as the report identifies.

I have five questions for the Minister and his colleagues. Given the seriousness of the report, I am pleased to see so many Ministers in the Chamber today, because this cuts across different departments. First, is the Minister satisfied that the inquiry was able to look at the full extent of the issue, and that such practices do not exist at all today? Secondly, what discussions have the Government had, and what discussions do they plan to have, with the professions concerned to ensure not only that there are robust procedures in place, but that these are effectively monitored?

Thirdly, Michael Redfern comments that changes in the law—the Human Tissue Act 2004 and the Coroners (Amendment) Rules 2005—have addressed many of the concerns. That is welcome. The Minister will recall that the Human Tissue Act 2004 was brought in following the Alder Hey inquiry, which was also chaired by Michael Redfern QC. The fundamental principle of the Human Tissue Act 2004 was that of consent. It established the Human Tissue Authority as the independent public watchdog in this area. Only last month it was able to report an increase in public and professional confidence in human tissue regulation, which is welcome. One of its great strengths is its independence from government. It would help the House if the Minister would explain why the Government now propose to abolish the Human Tissue Authority, and whether in the light of this report they will reconsider their plans.

Fourthly, I know that the Minister is confident that the Coroners (Amendment) Rules 2005 addressed the concerns raised, and that he understands the issues that led to the Coroners and Justice Act 2009. This Act addressed the issue of leadership through changes in the system, including the appointment of a chief coroner with responsibility for ensuring good leadership, training the network of coroners and running the Appeals Service. Although the appointment of a highly respected and very distinguished judge was initially made, the Government now propose to abolish this post as well, as was acknowledged in the Statement. Have the Government discussed these proposals with Michael Redfern following his report?

I hear what the Government say about the 2009 Act. However, if the intention is to bring the responsibilities of the chief coroner in-house, as it were, into the Ministry of Justice, do the Minister and his ministerial colleagues really feel that this will provide the reassurance that the public and the families concerned deserve? If the Government are to seek someone from the senior judiciary, why not just confirm the appointment of the senior judge who was previously appointed to the post of chief coroner? I appreciate that the noble Lord may not be able to respond to that point today but I hope that he will take it back and discuss it with his ministerial colleagues across government. It is an extremely important issue. We want to ensure that there is public and professional confidence in the system, so I hope that he will ask his colleagues to reconsider the point.

Finally, the Government have shown appropriate sensitivity in contacting and briefing the families concerned and in making the report available to them. I also understand and welcome the fact that Michael Redfern will be meeting them today.

I understand, too, that a freephone helpline has been established. Perhaps I may make what may seem, but is not, a trivial point. Many mobile phone users cannot access freephone numbers, so I ask the Minister to ensure that the helpline is also available free to mobile phone users.

Once again, we are all very grateful for and appreciate the work and commitment of Michael Redfern QC and his team. I hope that the Minister and his colleagues will take on board our concerns and ensure that other actions that we take through the Public Bodies Bill do not diminish the important and welcome progress that has been made in this area.