House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

39

House of Commons

Notices of Amendments

given on

Thursday 5 February 2009

For other Amendment(s) see the following page(s):

Coroners and Justice Bill Committee 17-38

Public Bill Committee

Coroners and Justice Bill

Mr David Kidney

92

Clause  23,  page  14,  line  6,  at end insert—

‘(4A)
A senior coroner may report to the Lord Chancellor any failing by a relevant

authority to discharge its duties under subsection (1).

(4B)
The Lord Chancellor may from time to time publish guidance about the procedure

for resolving any matter of dispute relating to a report made to him pursuant to

subsection (4A).

(4C)
The Lord Chancellor may give a direction requiring the senior coroner, and the

relevant authority to take action within a period specified in the direction to

resolve any matter of dispute relating to a report made to him pursuant to

subsection (4A).’.

Mr David Kidney

93

Schedule  4,  page  129,  line  30,  at end insert—

‘7  (1)
A person who fails to comply with the duty in paragraph 6(2) commits an

offence.

      (2)
A person guilty of an offence under this paragraph is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

8    (1)
A senior coroner shall send to the Chief Coroner a copy of all—

(i)
reports referred to in paragraph 6(1); and

(ii)
responses referred to in paragraph 6(2).

      (2)
The Chief Coroner shall maintain a register of all the material he receives

pursuant to sub-paragraph (1) and shall from time to time publish a summary

of—

(i)
the reports and responses referred to in sub-paragraph (1) subject to

appropriate protection of confidential data; and

Notices of Amendments: 5 February 2009
40

Coroners and Justice Bill, continued

(ii)
his analysis of the conclusions to be drawn from them with regard to

reducing the risk of death.

      (3)
The Chief Coroner shall send copies of the reports he publishes pursuant to

sub-paragraph (2) to—

(i)
the Lord Chancellor; and

(ii)
Parliament.’.

Community Legal Service

Mr David Kidney

NC11

To move the following Clause:—

‘(1)
The Access to Justice Act 1999 (c. 22) is amended as follows.

(2)
In Schedule 2, paragraph 2(1), after sub-sub-paragraph (e) insert—

“(ea)
any coroner’s court”.’.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

94

Clause  7,  page  4,  line  29,  at end insert—

‘(2A)
Any person falling within subsection 36(2)(a) or (b) may make a request to the

senior coroner that a jury be assembled for the purposes of an inquest.’.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

95

Clause  7,  page  4,  leave out lines 22 to 24 and insert—

‘(aa)
that the deceased died at a centre for provision of medical treatment, and

the coroner feels there are reasonable grounds for an inquest’.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

96

Clause  30,  page  16,  line  13,  at end insert ‘(including a decision under section

7(2A)’.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

97

Clause  7,  page  4,  line  19,  leave out from ‘if’ to end of line 24 and insert ‘the

Notices of Amendments: 5 February 2009
41

Coroners and Justice Bill, continued

coroner has reason to believe—

(a)
that the deceased died in custody or otherwise in state detention; or

(aa)
that the deceased died whilst serving in the armed forces; or

(ab)
that the deceased died at a centre for provision of medical treatment, and

the coroner has a duty to investigate the death within section 1,’.

Mr James Gray

Mr Tim Boswell

98

Clause  7,  page  4,  line  37,  at end add—

‘(5)
In all cases where a jury is required for the purposes of an inquest, any interested

person will be entitled to legal representation at the inquest, funded by the Legal

Services Commission.’.

Mr James Gray

Mr Tim Boswell

99

Clause  30,  page  16,  line  21,  at end insert—

‘(k)
a decision not to allow legal representation funded by the Legal Services

Commission to assist anyone falling within section 36(2)(a).’.

David Howarth

Jenny Willott

100

Clause  70,  page  41,  line  44,  at end insert—

‘(7A)
On any application for a witness anonymity order, the court must consider

whether the appointment of special counsel to assist the court in deciding whether

to grant the order would contribute significantly to the fairness of the

proceedings; and if the court decides not to appoint special counsel, the court

must give reasons.’.

Mr James Gray

Mr Tim Boswell

101

Clause  36,  page  20,  line  18,  at end insert—

‘(aa)
a legal professional, if one has been appointed for the purposes of

assisting the family;’.

Mr James Gray

Mr Tim Boswell

102

Schedule  4,  page  129,  line  28,  at end insert—

‘(1A)
Where the senior coroner considers that a report under this paragraph is likely to

result from the inquest, the family of the deceased shall be entitled to legal

representation funded by the Legal Services Commission.’.

Mr James Gray

Mr Tim Boswell

103

Clause  6,  page  4,  line  14,  at end insert—

‘(2)
Subject to subsection (1), the senior coroner responsible for the inquest must

notify any interested person as soon as practicable that they are entitled to be

assisted at all times by a legal representative.

Notices of Amendments: 5 February 2009
42

Coroners and Justice Bill, continued

(2B)
Any legal representation shall be fully funded by the Legal Services

Commission.’.

Legal representation of bereaved families

Mr James Gray

Mr Tim Boswell

NC12

To move the following Clause:—

‘Where—

(a)
the inquest is to be held with a jury; or

(b)
the deceased died whilst in custody or otherwise detained by the state; or

(c)
the deceased died at a centre for provision of medical treatment, and the

coroner has a duty to investigate the death under section 7(2); or

(d)
any other parties participating in the inquest are assisted by a legal

professional,

legal representation for bereaved families shall be funded by the Legal Services

Commission.’.

Legal representation of bereaved families (No. 2)

Mr James Gray

Mr Tim Boswell

NC13

To move the following Clause:—

‘Means testing shall be waived for legal representation of bereaved families if—

(a)
the inquest is to be held with a jury; or

(b)
the deceased died whilst in custody or otherwise detained by the state; or

(c)
the deceased died at a centre of provision for medical treatment; or

(d)
the deceased died whilst serving in the armed forces; and

(e)
any other parties participating in the inquest are assisted by a legal

professional.’.

Dr Brian Iddon

104

Clause  19,  page  11,  line  3,  at end insert ‘, including an investigation into the drugs

the deceased had been taking prior to his or her death;’.

David Howarth

Jenny Willott

105

Clause  151,  page  96,  line  40,  leave out ‘within subsection (2)’.

David Howarth

Jenny Willott

106

Clause  151,  page  97,  line  3,  leave out subsection (2).

Notices of Amendments: 5 February 2009
43

Coroners and Justice Bill, continued

David Howarth

Jenny Willott

107

Clause  151,  page  98,  line  24,  at end insert—

‘( )
A County Court may make a compliance order against a data controller if

satisfied on application by the Commissioner that—

(a)
an assessment notice has been properly made against the date controller,

(b)
the data controller has failed without reasonable excuse to comply with

the assessment notice.

( )
A person who fails to comply with a compliance order may be proceeded against

for contempt of court.’.

David Howarth

Jenny Willott

108

Schedule  18,  page  177,  line  42,  leave out Part 5.

David Howarth

Jenny Willott

109

Schedule  9,  page  139,  line  3,  leave out from beginning to end of line 6 on page 140.

David Howarth

Jenny Willott

110

Clause  38,  page  23,  line  28,  leave out from ‘5’ to end of line 29.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

111

Clause  42,  page  26,  line  8,  after ‘disregarded’, add ‘unless the fact that the thing

done or said which constituted sexual infidelity is relevant to other things done or said (or

both) which do not constitute sexual infidelity but which are put forward as qualifying

under subsection (4) of this section.’.

Jenny Willott

David Howarth

112

Clause  5,  page  3,  line  40,  after ‘necessary’, insert ‘in the interests of justice or’.

Jenny Willott

David Howarth

113

Clause  5,  page  4,  line  1,  after ‘ascertaining’, insert ‘—

(i)
’.

Jenny Willott

David Howarth

114

Clause  5,  page  4,  line  2,  at end insert—

‘(ii)
whether and to what extent systematic failings were a factor in

death;

Notices of Amendments: 5 February 2009
44

Coroners and Justice Bill, continued

(iii)
whether appropriate precautions could have been taken to

prevent the death;

(iv)
if a person takes his or her own life, whether this was in whole or

in part because the risk of their doing so was not recognised by

those acting on behalff of the state;

(v)
any other factor relevant to the circumstances in which the

deceased came by this or her death.’.

National medical adviser to the chief coroner

Jenny Willott

David Howarth

NC14

To move the following Clause:—

‘(1)
The Secretary of State for Health may appoint a person as the National Medical

Adviser to the Chief Coroner.

(2)
The Secretary of State for Health must consult the Lord Chancellor and the Lord

Chief Justice before making an appointment under this section.’.

Regulations about training (medical examiners)

Jenny Willott

David Howarth

NC15

To move the following Clause:—

‘(1)
The National Medical Adviser to the Chief Coroner, after consulting the Chief

Coroner, may, with the consent of the Secretary of State, make regulations about

the training of—

(a)
medical examiners;

(b)
medical examiners’ officers and other staff assisting persons within

paragraph (a).

(2)
The regulations may (in particular) makes provisions as to—

(a)
the kind of training to be undertaken;

(b)
the amount of training to be undertaken;

(c)
the frequency with which it is to be undertaken.’.

Regulations about standards (medical examiners)

Jenny Willott

David Howarth

NC16

To move the following Clause:—

‘The National Medical Adviser to the Chief Coroner, after consulting the Chief

Coroner, may, with the consent of the Secretary of State, publish minimum

standards relating to the service to be provided by medical examiners.’.

Notices of Amendments: 5 February 2009
45

Coroners and Justice Bill, continued

Jenny Willott

David Howarth

115

Clause  18,  page  9,  line  29,  at end insert ‘to the minimum standards as laid down for

time to time by the National Medical Adviser to the Chief Coroner,’.

Jenny Willott

David Howarth

116

Clause  18,  page  9,  line  23,  after ‘Wales)’, insert ‘, after consulting the local senior

coroner,’.

Jenny Willott

David Howarth

117

Clause  23,  page  13,  line  36,  at end insert—

‘(1A)
In making provision under subsection (1), the authority must ensure that the

minimum standards laid down from time to time by the Chief Coroner are

fulfilled.’.

Jenny Willott

David Howarth

118

Schedule  1,  page  118,  line  21,  at end insert ‘and must be resumed if there is any

likelihood that not resuming it might breach any Convention rights (within the meaning

of the Human Rights Act 1998 (c. 42)).’.

Jenny Willott

David Howarth

119

Schedule  2,  page  121,  line  11,  at end insert—

‘(2A)
Each coroner area is to have the same boundaries as each medical examiner

area.’.

Jenny Willott

David Howarth

120

Schedule  4,  page  128,  line  41,  at end insert—

‘(7)
The Secretary of State must issue a code of practice in connection with the entry

and seach of land and the seizure of anything on the land by a senior coroner.’.

Jenny Willott

David Howarth

121

Schedule  4,  page  129,  leave out lines 27 and 28 and insert ‘the provisions laid out in

sub-paragraph (1A) shall apply.

(1A)
Those provisions are—

(a)
the coroner may may report the matter to a person who the coroner

believes may have power to take such action;

(b)
the coroner may make recommendations to the person referred to in sub-

sub-paragraph (a);