The Coroner Service

George Howarth Excerpts

Thursday 28th October 2021 Westminster Hall

[Sir George Howarth (in the Chair)]

Before we begin, I encourage Members to wear masks when they are not speaking, in line with current Government guidance and that of the House of Commons Commission. I remind Members that they are asked by the House to have a covid lateral flow test twice a week if coming on to the parliamentary estate. That can be done either at the testing centre in the House, or at home. Please also give each other and members of staff space when seated and when entering or leaving the room.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I beg to move,

That this House has considered the First Report of the Justice Committee, The Coroner Service, HC 68, and the Government response, HC 675.

It is a pleasure to serve under your chairmanship again, Sir George, and to introduce the debate. I am grateful to the Backbench Business Committee for allocating time for the debate. This is an important matter that deserves further attention. I am sorry in some respects that it requires further attention, because had the Government responded more positively to what is a detailed report based on careful and substantial evidence, it might not be necessary to highlight the measure of deficiencies that are revealed in the Government’s response.

I welcome the Minister to his first justice debate in Westminster Hall, having congratulated him warmly on his debut at the Dispatch Box in the main Chamber yesterday. I appreciate that the Government response was not his responsibility, and I am not sure if he can avail himself of the young and naïve defence that was used yesterday.

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[Maria Eagle (Garston and Halewood) (Lab)]

It is a pleasure to serve under your chairmanship, Sir George. As a fellow Merseyside MP, I know you have long-standing experience of some of what I will discuss, particularly the first inquests into the Hillsborough disaster. I think you are the only person present who actually attended one of the many inquests at the time, so you know better than anybody how catastrophically wrong they went.

I congratulate the hon. Member for Bromley and Chislehurst (Sir Robert Neill), who is the Chair of the Justice Committee, on the way he introduced this important debate. I welcome the Minister to his post. Immediately after we produced the report, all the Ministers were cleared out in the reshuffle of the Ministry of Justice. It is not something that is ever helpful for getting continuity of effort and speed of response but it is not the Minister’s fault that he has only just come into his role and I wish him well. The hon. Member for Bromley and Chislehurst said he is a can-do Minister, and I hope he is a will-do Minister too.

The report into the coroner service is not only knowledgeable and good—I am bound to think that, given that I am a member of the Justice Committee, which produced it. It also identifies issues that have come to light not just over the last couple of years but, as the hon. Member for Bromley and Chislehurst said, over a couple of decades in some cases. I was the courts Minister in the MOJ for a period of time, back when Jack Straw was the Lord Chancellor in the late 2000s, as well as being the prisons Minister thereafter. I was also one of the Ministers who took the Coroners and Justice Act 2009 through the Commons, although I was not the lead Minister. Bridget Prentice did the policy development, but I did some of the work in respect of the Bill.

I recall the debates about whether we should have a national coroner service. It is always a question of cost, but somebody will have to grasp the nettle and deal with this issue at some point. As the hon. Member for Bromley and Chislehurst said, it is anomalous that it is still a local service. No matter the value of a local service, the consequence of having a local service is that people get a postcode lottery, which is not acceptable for the delivery of basic elements of our justice system. That is something for the Minister to grapple with in due course.

Perhaps my most important qualification for wanting to speak in today’s debate is as a constituency MP from a Liverpool constituency. I have been the MP there for almost 25 years, and I have a long-standing involvement with many of the bereaved families and survivors affected by the 1989 Hillsborough disaster. I have seen the horrendous experience of our justice system that they, as wholly innocent bereaved and traumatised people, have had to endure, partly because of the appalling failings of the first coroner’s inquest, which took place in 1990. That was not only the fault of the coroner who handled it at the time; in part, it was a consequence of the behaviour of public authorities, particularly the South Yorkshire police.

I am very much in favour of putting bereaved people at the heart of the coroner service, and it is not only about Hillsborough. I have had dealings with other families who have been caught up in other disasters, such as the sinking of the MV Derbyshire, although that did not involve the coroners. It happened at sea, so that involved a wreck commission. It was long before my time as an MP, but the ongoing trauma felt by bereaved families was still there when I became the MP for what was then Liverpool Garston.

There was also the Alder Hey organs scandal. Scandals and disasters happen every few years, and they can lead to decades of trauma for families.

I have had constituents who have had to deal with coroners’ inquests at the worst time in their lives—after they have lost a loved one, often in traumatic, unexplained or contentious circumstances. They have had to face a public authority that is being defensive, that is lawyered up to the eyeballs and that seemingly has an unlimited budget to spend on avoiding the blame and minimising its responsibility. That is how it often seems to bereaved relatives, who are going along as interested parties—the same status as the public authority before the court—simply to find out the truth of what happened to their loved one and to have a measure of justice done, so that they get the right verdict according to the facts. That is what families who go to inquests want, whether they are a member of a group of bereaved people who have lost their loved ones in awful circumstances or a single family who have lost a loved one and the coroner needs to be involved.

I want to say a little about the experience of families caught up in public disasters. In the case of Hillsborough, the interim report of the Taylor inquiry into the cause of the disaster—remember, this was filmed; it was on TV live, and people saw what happened—reported within four months of the 1989 event. Although time has proven it was wrong in some respects, most notably on the emergency services’ response, it has been proven entirely correct—remarkably so, given that police were changing statements to try to affect the way in which the inquiry apportioned blame—in finding that the main cause of the disaster was a failure of police control. That report was done within four months. It was quite clear at that stage what had gone wrong, yet South Yorkshire police did not like that finding and refused to take responsibility, as Taylor had said in his conclusions that they should. Instead, they used the inquests to give a very different impression, which set the tone that persisted for three decades—three decades of hurt and pain caused to the families and survivors.

There were procedural issues at the time of the first inquests. The inquests were difficult to handle and took more than a year. At that time, they were the longest inquests that had ever taken place in British legal history. The way in which the coroner chose to handle them did not work. The police exploited the way in which he chose to handle them to have evidence put that supported their story. Every individual who died had their blood alcohol levels taken, even though a third of them were children—the youngest was 10. The coroner allowed that.

So the impression was given, during the inquests, that the police story, which Taylor had refuted—that it was not the police’s fault but that of the victims and the Liverpool fans—was perpetuated, ingrained into the public imagination and reported in the newspapers every day for a year. Funnily enough, 30 years later some people still think that is what happened at Hillsborough. It was the coroner’s inquests being inappropriately conducted that led to that hurtful and difficult outcome—a year of propaganda leading to the wrong verdicts.

It took Hillsborough families until April 2016 to get the new, correct inquest verdicts of unlawful killing—a full 27 years after the events. The second inquests were not as terrible as the first. For example, the pen portraits introduced at the beginning of those inquests, which enabled families to say something about the deceased, are a wholly welcome innovation, which I know has been taken up in other proceedings. That is good. But imagine, 25 years after the events, family members having to sit and listen for two years—that is how long it took—to the same old lies being told in court by those who were still being defensive, despite the intervening years and the vast amount of evidence. It was deeply traumatic for those families and very difficult for them to cope with. Many felt they had to go every day and listen. Twenty-five years later, they had to go every day and listen, and it took two years—pretty tough.

Being an interested party at the inquest gives the bereaved family no greater locus than that of those who may be at fault for the death or who, by natural omission, failed to prevent a death, even though bereaved families have lost far more. Often, the public authority is simply using lawyers to seek to avoid blame or to protect its reputation above all other considerations. To avoid liability or cost is sometimes the main aim of the public authority that behaves in that way. It does not necessarily think about the consequences for the family.

That was certainly the case with Hillsborough, although I think there was also an institutional unwillingness by South Yorkshire police to accept any criticism or blame for the Hillsborough disaster. Even though—or perhaps because—Taylor had found them to be at fault, they were intent on proving that they were not, blaming someone else. The lack of consequences and the impunity for those responsible for that approach meant that South Yorkshire police were able to continue with it for decades. Right up to the second inquest, they were still advancing the same case, which had repeatedly been shown to be nonsense, to the deep hurt and pain of the families. Had the chief constable been dismissed after Hillsborough, after Taylor, a lot of what happened might have been avoided: a lot of that institutional impunity and appalling behaviour, and 30 years of extremely expensive legal actions, might have been avoided.

I met the families after I was elected. I had known some of them before, in my capacity as a junior lawyer in Liverpool at the time. They told me that the inquest had overturned Taylor—that the inquest verdicts had overturned the result of the public inquiry. As a lawyer, I said, “Oh no, they do different things,” but actually the families were right, because that is what the police set about doing and did—that was the consequence.

Not until September 2012 and the report of the Hillsborough independent panel, which was a non-legal procedure, was the truth finally known and accepted by the vast majority of people in public life in this country. Before that, politicians and other people frequently said that Hillsborough was about hooliganism. It certainly was not, but that was the impression left by the first inquests. That is what can go wrong if things are allowed to go wrong.

Although the public authorities and the bereaved families in essence had the same status—that of interested parties—at that time and still do, the fact is that the police had far, far more resources at their disposal. They seemed able to use unlimited amounts of their public funding to pursue those arguments about who was really at fault and how it was not really them. Only when the second inquest came along did the families have exceptional case funding, which I am sure ended up being extremely expensive, but they were at last able to have equality of arms.

Equality of arms between interested parties in contentious and adversarial proceedings, whether for individuals or in a disaster such as Hillsborough, is essential to establishing and getting justice and the right verdicts, and to persuading families that yes, they have been party to a proper proceeding. Bishop James Jones, in his 2017 report on the lessons of Hillsborough, recommended what he described as the “proper participation” of bereaved families at inquests. That is vital.

The bishop’s specific recommendations are similar to some of those in our report. He recommended:

“Publicly funded legal representation for bereaved families at inquests at which public bodies are legally represented”—

not all inquests, but those where public bodies are represented. He recommended:

“An end to public bodies spending limitless sums providing themselves with representation which surpasses that available to families”,

and which does not have the same tests applied to it. He recommended:

“A change to the way in which public bodies approach inquests, so that they treat them not as a reputational threat, but as an opportunity to learn and as part of their obligations to those who have died and to their family.”

That is a fundamental shift in attitude, if it can be encouraged. He also recommended:

“Changes to inquest procedures and to the training of coroners, so that bereaved families are truly placed at the centre of the process.”

One still hears examples of appalling insensitivity, if I can put it that way, by coroners. I am not saying all by any means. Some coroners are excellent at involving and engaging families properly, but not all are.

Our report proposes an automatic entitlement to non-means-tested legal representation for bereaved people at inquests into mass fatalities. That is tremendously important, but we also recommend more broadly that the MOJ should by 1 October—that deadline has passed, Minister—

“for all inquests where public authorities are legally represented, make sure that non-means tested legal aid or other public funding for legal representation is also available for the people that have been bereaved.”

I know that the Government responded to that recommendation, albeit not particularly positively. Bishop James also proposed a statutory duty of candour for police officers; our report proposes it for the coroner service, and for the Government to consider whether that should be extended to all public bodies.

There should be an equality of arms: legal aid or some kind of funding support for families in these circumstances, along with a more extensively applied statutory duty of candour. Together, those two things are a substantial part of the Hillsborough law, the Public Authority (Accountability) Bill, which Andy Burnham proposed before he left the House and of which I was co-sponsor at the time. I believe that those measures, along with the Public Advocate Bill, which was prepared by Lord Michael Wills and me, and which I have again introduced in the Commons in this Session, would go a long way towards preventing what happened to the Hillsborough families from ever happening again to families of those bereaved in public disasters.

There have been public disasters since Hillsborough, and unfortunately there will probably be more over time. One thinks of Grenfell, and one can already see things going wrong with that. The families are not satisfied with the way that the inquiry is enabling them to represent their views, and one suspects that that disaster has a long way to run before getting to the end of all the legal proceedings that are likely to happen as a consequence of that terrible disaster. The proposals made by Bishop James and in my Public Advocate Bill are not just a relic of some past disaster that would have made a difference; they will, if enacted, make a difference in future to families in that terrible situation.

It has taken the Hillsborough families 32 years to get to the position they are now in, where there is general acceptance—the truth has been officially acknowledged. They have had a measure of justice, in respect of the second inquest’s verdicts of unlawful killing; they have not had accountability for those who caused the disaster, and who over all these decades have sought to blame those who died and the footballs fans in the ground that day, rather than themselves. The Hillsborough families have not had accountability, and if we were to talk to them, they would not say that they are totally satisfied with the outcome, even after 32 years, because nobody has been held to account for what was done—the unlawful killing of 97 people. That cannot be a good day for justice in this country, if that is the outcome after all these years.

In what I would say was a somewhat disappointing response to our report—I think the hon. Member for Bromley and Chislehurst was harsher—the Government have effectively played for time. I take the view that if they are playing for time, they have not completely said no to all the recommendations that they have played for time on. This is where the Minister comes in. This is where he can be a can-do Minister—a will-do Minister. The Government have accepted only six of our 25 recommendations.

[Sir George Howarth (in the Chair)]

Order. I remind the hon. Lady that another speaker has to be brought in, and I will call the Front Benchers at 2.38 pm. Will she take that into account?

[Maria Eagle]

I will—apologies, Sir George. I will make sure that the hon. Member for East Worthing and Shoreham (Tim Loughton) has time.

I hope that the Minister will consider Bishop James’s report and our proposals, and come forward with a much more positive set of responses to the issues raised. In view of the time, I will not say what I wanted to about the prevention of future deaths, but more needs to be done on that. If more is done, lessons can be learned to prevent future deaths instead of the same thing happening time and again, with different coroners sending letters saying the same thing to the Government, who then do nothing about it for many years.