Lord Clarke of Nottingham
Main Page: Lord Clarke of Nottingham (Conservative - Life peer)Department Debates - View all Lord Clarke of Nottingham's debates with the Ministry of Justice
(13 years, 2 months ago)
Written StatementsFurther to the ministerial statements on 14 October 2010, Official Report, column 37WS and 19 May 2011, Official Report, column 38WS, I am today announcing the detail of our plans for coroner reform without proceeding with the Office of the Chief Coroner. This statement sets out the functions which the Government propose to transfer from the Office of Chief Coroner to the Lord Chancellor or Lord Chief Justice. It also sets out proposals for a ministerial board to oversee the non-judicial aspects of the service provided in England and Wales.
It is my intention that the Office of Chief Coroner be listed in schedule 5—Power to modify or transfer functions: bodies and offices of the Public Bodies Bill which will allow for the transfer of certain of the chief coroner’s statutory functions without the abolition of the Office of Chief Coroner. This takes into account concerns expressed by stakeholders and Members of another place about the abolition of the office. The transfer of functions is, of course, subject to the outcome of the progress of the Bill through Parliament and a subsequent order to transfer functions made under the Act.
Reallocation of the Statutory Functions of the Chief Coroner
The table below details those statutory functions of the chief coroner, as set out in the Coroners and Justice Act 2009, which the Government propose to transfer to either the Lord Chief Justice or the Lord Chancellor. Where a function is not to be transferred from the chief coroner, this is because it is not possible to implement them in a cost-neutral manner as required in the current economic climate.
Section | Description of Statutory Function of Chief Coroner | Transfer of Function |
---|---|---|
1,2,3 | Chief coroner to direct a coroner to conduct an investigation. | Lord Chief Justice |
12 & 13 | Chief coroner to notify Lord Advocate that an investigation should take place under the Fatal Accidents and Sudden Deaths Inquiry Act 1976. Chief coroner to direct a coroner to conduct an investigation in England or Wales where the body is brought into Scotland. | Lord Chief Justice |
14 | Chief coroner to designate medical practitioners for the purpose of performing post mortems. | Lord Chancellor |
16 | Senior coroner conducting an investigation which is not completed within one year to notify the chief coroner of that fact and notify the chief coroner of the date on which the investigation is completed. Chief coroner to keep a register of notifications given under this section. | Lord Chancellor: function limited to collation of reports and keeping of the register. |
17 | The chief coroner must— Monitor investigations into service deaths. Secure that coroners conducting such investigations are suitably trained to do so. | Provision not to be implemented: training to be dealt with under section 37 (see below) |
18 | Lord Chancellor to consult the chief coroner before making regulations relating to medical practitioner notifications | Lord Chief Justice to be consulted in lieu of the chief coroner |
36 | Chief coroner to report to the Lord Chancellor each year. Coroners to report action to prevent other deaths to the chief coroner. | Requirement for an annual report to be submitted to the Lord Chancellor not to be implemented. Reports from coroners on action to prevent other deaths to be submitted to the Lord Chancellor in lieu of the chief coroner. |
37 | Chief coroner to make regulations on training. | Lord Chief Justice |
40 | Chief coroner to be responsible for a new appeals system. | Not to be implemented |
41 | Investigation to be conducted by the chief coroner, Coroner for Treasure, judge, former judge or former coroner. Chief coroner to request that the Lord Chief Justice appoint a judge or former judge so to act. | Lord Chancellor to request the Lord Chief Justice to appoint a judge. |
42 | Lord Chancellor to issue guidance on the way in which the coroner’s system is to operate in respect of interested persons following consultation with the chief coroner. | Lord Chief Justice to be consulted in lieu of the chief coroner. |