Memorandum submitted by the Ministry of
Justice (formerly the Department for Constitutional Affairs)
REFORM OF
THE CORONER
SYSTEM
When Harriet Harman gave evidence to you on
8 May 2007, she said we are looking at the possibility of appointing
a shadow Chief Coroner in advance of the Coroners Bill. The idea
was to provide national leadership to coroners and to drive forward
a number of short-term reforms that could be achieved without
legislation.
I have looked at this proposal in more detail
and it has become clear that until the Coroners Bill is enacted,
it would not be possible to discharge the most valuable functions
of the office such as hearing appeals, investigating complaints
or reallocating work between coroner areas. While the remaining
advisory role is important, it is also fairly restricted and my
view is that a shadow appointee would not make a meaningful impact
on the system.
In addition, discussions with the Coroners Society
suggested that coroners were unlikely to support a non-statutory
appointment. They argued that there would be significant duplication
between the shadow role and the current remit of the Society and
other advisory groups. They were also uncomfortable with the idea
of a non-statutory Chief Coroner, who could be seen to act on
behalf of the Government, directing how coroners should act.
As you know the Coroners Bill was included in
the draft legislative programme announced to Parliament on 11
July. Rather than appointing a shadow Chief Coroner I propose
to focus efforts on the Bill and preparing for implementation,
which might include the appointment of a Chief Coroner to assist
with this as soon as possible after Royal Assent. I also intend
to work directly with coroners to introduce some of the reforms
that Harriet mentioned to your Committee on 8 May and other measures
that could benefit current service. For example, officials are
already working with the Coroners Society to develop new measures
to make more effective use of coroners' reports in order to prevent
future deaths (Rule 43 reports).
Finally, and on a different matter, I have recently
published a short consultation paper on the recommendation you
made in your coroner inquiry report about placing a statutory
duty on doctors to report deaths to coroners. Copies of the paper
have been sent to your officials.
Bridget Prentice MP
Parliamentary Under Secretary of State
Ministry of Justice
August 2007
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