Question to the Ministry of Defence:

To ask Her Majesty's Government whether they will publish the pre- and post-section 104 order protocols between the Ministry of Justice, the Ministry of Defence, the Scottish Government Crown Office and Procurator Fiscal Service and the Chief Coroner on dealing with military deaths in Scotland.

The protocol for liaison on Fatal Accident Inquiries (FAIs) relates to fatalities of Armed Forces personnel outside the United Kingdom (the protocol) and is shared between the Ministry of Justice (for the Chief Coroner's Office), the Ministry of Defence (Armed Forces Personnel), and the Crown Office and Procurator Fiscal Service (COPFS).

The protocol was originally drafted and agreed on 31 August 2012; it was subsequently revised on 25 May 2017 following consultations between the parties. The Ministry of Defence put forward further revisions. Further work on the protocol was delayed due to the Ministry of Justice not being able to provide feedback due to being overwhelmed with the terrorist events in London and they have not been in a position to consider the protocol further. Further consultations on the protocol have not been able to be held due to time commitments by the other parties. COPFS have advised that as part of a modernisation project, they plan to revitalise the discussions on the protocol in the near future. These discussions will now include the Foreign and Commonwealth Office.

The protocol must be owned by all parties as it is a tripartite agreement. The protocol is a draft document until full agreement is achieved by all the parties, and cannot be published at this time.