Coroners

Barry Sheerman Excerpts

Friday 24th May 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Gareth Bacon)]

I beg to move,

That the draft Coroners (Suspension of Requirement for Jury at Inquest: Coronavirus) Regulations 2024, which were laid before this House on 2 May, be approved.

Before I address the purpose of the statutory instrument, I would also like to congratulate the new hon. Member for Blackpool South (Chris Webb) on his maiden speech. His efforts to avoid being the subject of a pub quiz, honourable though they are, may be slightly forlorn: I cannot recall too many occasions on which an hon. Member made their maiden speech on the same day that Parliament rose for the next election, so I suspect that he may still be the subject of pub quizzes into the future.

This instrument is an important part of the Government’s ongoing support for coroner services in their continuing recovery from the covid-19 pandemic. It extends for a further two years the disapplication of the statutory requirement for any inquest into a death involving covid-19 to be held with a jury, which will have practical benefits for the coroner service. Although the real-time impacts of covid-19 have diminished, they are inevitably delayed in the coronial context, as inquest backlogs—some of which were built up during the pandemic in order to manage wider pressures—continue to be worked through.

Natural covid-19 deaths would not normally be reported to the coroner. However, where the cause of death is unknown or suspicious or has occurred in state detention, covid-19 may be suspected as a contributing factor. Save for the provision that we are seeking to extend, section 7 of the Coroners and Justice Act 2009 would require any inquest into such deaths to be held with a jury, because covid-19 is a notifiable disease.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

As the Minister may be aware, I had two tragic cases in my constituency involving an inquest. Does he not think it is about time that we modernised the whole system and gave it more resources? If somebody has lost a loved one, waiting for five or six years and never getting resolution is not good. Is it not about time that we looked at the process and the training and did something a bit faster for people?

[Gareth Bacon]

I thank the hon. Gentleman for his question, and I will take this opportunity to say farewell to him. His leaving will be a loss to the House. He makes a good point. The proposed measures will combat some of what he talks about, but there is a wider possibility for review as time moves on. We want coronial inquests to be carried out and expedited as quickly as possible.

As part of covid-19 easements, the Coronavirus Act 2020 removed the requirement for inquests into such deaths to be held with a jury, and the resulting resource pressures on coroner services, throughout the pandemic. To support continued pandemic recovery in the coroners’ courts, Parliament sanctioned the replacement of the 2020 emergency measure with a provision in the Judicial Review and Courts Act 2022 to amend the 2009 Act, so that for the purposes of jury requirement and inquests relating to notifiable disease, covid-19 does not count as a notifiable disease. That does not prevent the coroner from calling a jury in a covid-19 related inquest; they retain the discretion to do so, as with any other inquest.

The 2022 Act provision includes safeguards to ensure that covid-19 inquests are not treated differently on a permanent basis. Any extension is limited to two years, is subject to parliamentary approval, and must be justified by an assessment of the impacts on coroner services, were the provision to expire.

To evidence the need for extension of the provision, the Ministry of Justice asked all coroners in England and Wales to estimate their usage of the disapplication provision since June 2022 and to assess the impact on their case management if it is not extended. The response rate was only around 11%, but even among that small number of coroners, it was estimated that this provision has removed the requirement for a jury in around 530 inquests over the past two years. Without it, even that small sample would have increased the annual number of jury inquests across England and Wales—typically around 470—by about 50%. About half the respondents predicted a significant impact for their case management if this provision is allowed to expire. This is because, as the Liverpool and Wirral senior coroner put it,

“For each day of listing for an inquest without a jury, it takes a week’s listing with a jury”.

That wider context is important. Parliament is concerned about the impact of inquest backlogs on the bereaved, as the hon. Member for Huddersfield (Mr Sheerman) highlighted. The extension of this measure for a further two years will support coroners in their continuing efforts to reduce those backlogs, thereby promoting the Government’s objective of putting the bereaved at the heart of the coronial process. That should mean that, subject to any assessment closer to the time, I do not expect any future Justice Minister to need to seek Parliament’s agreement to a further extension from June 2026.

--- Later in debate ---

[Edward Timpson (Eddisbury) (Con)]

May I begin by echoing the comments by the Chair of the Justice Committee, my hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill)? In doing so, I pay my respects to him for his leadership of the Committee over the best part of a decade—we see so much change and churn in this place. I pay tribute to him for his knowledge, his experience, his humanity, his enthusiasm, and his ability to get things done on the Justice Committee, of which I have been privileged to be a member for the last 18 months, and to bring positive change to many aspects of the justice world. I have no doubt that, whatever he does next in his professional career, he will continue to make great waves for those who are touched in some way by the justice system.

As my hon. and learned Friend said, part of the Justice Committee’s work has included looking at the coronial system—first, in 2011 and, more recently, last year. We have looked at all aspects of the coronial system, not least the impact that covid has had on its ability to function in the way that we would all want. The Minister is right to take a pragmatic approach by providing some breathing space and capacity within the coronial system, so that many of the cases that need to move through the courts in a timely and compassionate way are able to do so. As has been alluded to, there are, of course, many other issues that need to be addressed.

Unfortunately, due to the sudden end to this Parliament, the report that the Justice Committee was on the very cusp of producing for the Government will now be in the form of correspondence that has gone to the Department. I hope that it will be looked at carefully in the next six weeks by Ministers, who will still be in post, as well as by officials, who, whatever hue the next Government happen to be, can put it straight on to the table of the next Minister—hopefully, it will still be my hon. Friend sitting on the Front Bench—so that we do not lose any of the momentum that, hopefully, the report will be able to achieve.

[Mr Sheerman]

I agree with what the hon. Gentleman, my Select Committee colleague, has just said about the Chair of the Committee, the hon. and learned Member for Bromley and Chislehurst (Sir Robert Neill). Everyone knows that he is a good friend of mine. We co-chair the all-party parliamentary group on miscarriages of justice, and he has been a brilliant champion against such miscarriages. I hope that the hon. Gentleman agrees that the hon. and learned Member will be missed dreadfully by the House of Commons. Indeed, what will the House do, with Bob and me both standing down?

[Edward Timpson]

The hon. Gentleman, my friend, was my first Select Committee Chair back in 2008, when I joined the Children, Schools and Families Committee—a baptism of fire, as it turned out. I have been fortunate enough to serve under a number of excellent Chairs over the years. I wish him well in whatever comes next in the varied and colourful life that I am sure lies ahead of him.

Some of the detail behind this statutory instrument needs the continued attention of Ministers and the Ministry of Justice. My hon. and learned Friend the Member for Bromley and Chislehurst touched on the need to look at the potential unification of the service, the funding model, how it is resourced—we do not want to imperil the rule of law by making the service unworkable—potentially the need for an inspectorate so that we know how well the service is functioning and, as the Minister rightly said, ensuring that we put bereaved families at the very heart of the process. I hope that this measure will be part of enabling many of those changes to take hold in the ensuing years.

Mr Speaker, as you will know, this is my second time around in Parliament—often called a retread, unfortunately—but, unlike Arnold Schwarzenegger, this time I will not be back. This is the last time I will be standing up in this place, so I want to take the opportunity to thank you and all your team for your support and friendship over 14 out of the past 16 years. I also thank my staff up in Cheshire, in Eddisbury, and in Crewe and Nantwich my previous seat: Roz, Dan, Lynn, Joel, Amy and quite a few others who came before them, including Sean, who has recently got on the candidates list and I suspect has a reasonable chance of finding a seat, as we still have about 100 or so that have yet to find a candidate. If he is selected, I wish him and his campaign extremely well, as I do my own candidate successor, Aphra Brandreth, who will be standing in the new seat of Chester South and Eddisbury. She is a first-class candidate. I very much hope that she will be able to join colleagues here after the general election.