| Previous Section | Index | Home Page |
8.13 pm
The Minister of State, Foreign and Commonwealth Office (Mr. Geoffrey Hoon): I am grateful to the hon. Member for Westmorland and Lonsdale (Mr. Collins) for his kind words. On behalf of the Government, I acknowledge his thoughtfulness and generosity in withdrawing his application for a debate last Friday to allow hon. Members to attend the funeral of Derek Fatchett. That was a generous and honourable action. I also thank the hon. Member for North Cornwall (Mr. Tyler) for his observations.
I shall begin by explaining the roles of the French and British authorities following the death of a British national in France. When a British national dies in France, the French authorities promptly inform the nearest British consulate. If death is by natural causes, a death certificate is issued by the doctor who certifies the death. If the cause of death is not clear, accidental or violent, the French courts may request a judicial inquiry. The court appoints an investigating magistrate who will order a police investigation, which may take several months to complete. Once that investigation begins, the next of kin, if they want details of it, are required under French law to apply formally to the investigating magistrate to become civil parties to the case. That may take up to a week, during which time the next of kin will be able to obtain only limited information. I recognise that in the immediate aftermath of a death, that could be distressing to a family who might perceive a lack of co-operation on the part of the French authorities. However, it is a French legal requirement, and our consular representatives are not able to circumvent it.
A further problem may be that British families are used to seeing precise causes of death on British death certificates. In France, the precise cause of death is considered confidential and it does not appear on the certificate issued by the doctor. The certificate amounts to a statement that a death has been registered. Again, this may appear curious to British families and maycause concern when appropriate clarification is not immediately forthcoming.
If the next of kin wish to repatriate the body to the United Kingdom, they must apply to the public prosecutor's office for a permit. The undertakers retained by the next of kin usually take responsibility for seeking that. Once the investigating magistrate is satisfied that forensic examination is complete, permission to transport and bury is granted. When all judicial processes are complete, the bereaved family has to apply to a court for copies of any police report.
In accordance with section 8(1) of the Coroners Act 1988, coroners in England and Wales are obliged to hold an inquest into the death of anyone whose body is brought back from abroad for burial in their jurisdiction. The purpose of the inquest is to ascertain who the deceased was and how, when and where the deceased died. Neither the coroner nor the jury can express an opinion on any other matter.
The requirement to hold such inquests was introduced following difficulties with the case of Helen Smith, who died in unnatural circumstances in Saudi Arabia. If the coroner is satisfied that the cause of death has been established by the French authorities, permission is granted for burial. In Scotland, this role falls to the Scottish Office.
If the coroner is not satisfied that the cause of death has been sufficiently established or believes that further investigation is required to establish the cause of death, he may request copies of the French police report and further investigations by the French authorities. British coroners have no direct contact with the French authorities and they ask the Foreign and Commonwealth Office to pass on formal requests. Requests for further investigation may take longer for the French to process, as a court will have to consider them and decide how best to respond. This may involve the re-interviewing of witnesses, whom the court may need to trace.
Our consulates in France monitor the progress of investigations and are prepared to press the French authorities for further action if necessary. In response to the first point made by the hon. Member for Westmorland and Lonsdale, I undertake to look afresh at that point to ensure that proper action is taken if necessary.
Our consulates cannot, of course, intervene in investigations, direct them or suggest avenues that might be explored. Once the French authorities conclude the further investigations that the British coroner has requested, the consulate obtains a copy of the French report and forwards it to Her Majesty's coroner's office.
Notwithstanding the views that have been set out, I maintain that co-operation between the French and British authorities over the death of British nationals in France is very good. Requests from coroners offices are dealt with sympathetically by the French authorities. Our consulates in France do not usually experience problems with the French police--the gendarmerie--over notification of deaths of British nationals. We have to acknowledge that the French have an entirely different procedure to our own, and that what some may characterise as unacceptable delay is wholly consistent with French procedure and not a matter of poor co-operation.
I listened carefully to the second and third points that the hon. Member for Westmorland and Lonsdale made. I do not accept that there is a systemic problem. We all share the need to deepen justice in interior matters, but the member states of the European Union have a choice--they can seek to harmonise procedures, but I assume that the hon. Gentleman would not want that; or, and this is the approach that the British Government would pursue, we must accept that each country's procedures are different and recognise them for what they are.
Mr. Collins:
I accept that there are different traditions, but I hope that the Minister will accept that for many families--certainly my constituents--an appearance is created, I hope unintentionally, of indifference and a casual attitude. Would it be possible for him to take up that matter with the French authorities, suggesting that they could introduce standard procedures saying that they have a different tradition and that they do not seek to create an appearance of indifference?
Mr. Hoon:
The hon. Gentleman makes a sensible suggestion. It would be for the French authorities to decide whether it was appropriate to take that course of action. However, I must emphasise that there is no suggestion that, throughout the range of cases with which the Foreign and Commonwealth Office has to deal, there is that sort of difficulty.
I appreciate that the hon. Members for Westmorland and Lonsdale and for North Cornwall raised different cases in which there have been particular problems at
particular times. I think that the hon. Member for North Cornwall would accept that subsequently the investigation of that particular case has been pursued vigorously and that the French have taken appropriate and necessary action.
The British Government have been keen to ensure that the deaths of British nationals in France are properly investigated. Perhaps it will assist if I say that my noble Friend the Under-Secretary wrote to Madame Guigou, the French Minister of Justice, on 4 August 1998. My noble Friend stressed the importance of bringing to justice the murderers of British nationals in France and asked the French authorities to spare no efforts in seeking culprits. On 30 November 1998, she met senior officials in Paris from the Ministry of the Interior to discuss the handling of deaths of British nationals and to press for vigorous investigations by the French authorities.
On 11 March, the Home Secretary discussed the investigation of Caroline Dickinson's murder with Monsieur Chevenement, the French Minister of the Interior. I can assure the House that we have an active dialogue with the French to satisfy ourselves that thorough investigations into the murders of British nationals in France are carried out in accordance with appropriate French procedures.
I believe that the relationship between the next of kin of the deceased and the French authorities is generally a good one. Our consulates will certainly do all that they can to help. However, I recognise that the aftermath of a sudden death is not the easiest situation for anyone to deal with. The language barrier and an unfamiliar foreign bureaucracy can provide obstacles to achieving immediate
understanding and a good working relationship. The need to become civil parties to the investigation, as I mentioned, and the initial delay to which I referred earlier, can lead to misunderstandings.
Our consulates in France, and indeed all over the world, help next of kin who find difficulty coping with language and cultural differences. They offer guidance on local legislation and customs, and act as intermediaries between the relevant authorities and the next of kin. Our consulates are in continuous dialogue with authorities worldwide to improve working relationships. There is no evidence of systematic discrimination against British nationals in distressing circumstances anywhere, and certainly not in France.
I have the utmost sympathy for those who have experienced the trauma of close relatives dying overseas, especially when the death has been wholly unexpected and untimely. Having to grapple with a foreign legal system, a foreign language, and with unexpected bureaucratic requirements when distraught with grief can clearly overwhelm even the strongest. I can well understand the despair of abiding seemingly endless rounds of investigations and inquiries before grieving relatives are able to feel that justice has been done.
| Next Section
| Index | Home Page |